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Home My WebLink About_ Typed Book of Charter and Ordinances of the City of Stillwater up to 1881TIIE CHARTER AND ORDINOCES OF TIIE CITY OF STILLWATER, WITH TIIE SCIIOOL DISTRICT AND OTHER ACTS ADDED COMPLETE UP TO 1881 COMPILED BY C. P. GREGORY CITY ATTORNEY. PUBLISHED BY AUTIIORITY OF TIIE CITY COUNCIL OF TIIE CITY OF STILLWATER, IIINNESOTA, FEBRUARY 1, 1881. SIILLWATER• LUMBERMAN STEAM PRINTING CO , 1881. .AN ACT. To Amend and Consolidate the Charter of the City of Stillwater. Be it enacted by the Legislature of the State of Minnesota: SECTION 1. The act, entitled " An act to reduce the law incorporating the City of Stillwater, in the County of Washington and State of Minnesota, and the several acts amendatory thereof into one act, and to amend the same," approved March 5, A. D., 1874, and all acts of the Legislature amending tho same subsequently passed, are hereby amended and consoli- dated so that the same shall constitute the charter of the City of Stillwater, which shall read as follows : CHAPTER I. CITY AND WARD BOUNDARIES. SECTION 1. Creation of Corporation. All that dis- trict of country in' the County of Washington, con- tained within the. limits and boundaries hereinafter described, shall be a city by the name of Stillwater, �3. 4 CHARTER OF THE CITY OF STILLWATER. and all the people now inhabiting and those who shall hereafter inhabit the same district shall be a munici- pab corporation by the name of the City of Stillwater, and by that name may sue and be sued, plead and be impleaded, in any court; make and use a common seal, and alter it at pleasure ; take and hold, lease and convey all such real, personal and mixed property as the purposes of the corporation may require, or the transaction or exigencies of the business may render convenient, within or without the limits of such dis- trict; shall be capable of contracting and being con- tracted with, and shall have all the general powers possessed by municipal corporations at common law, and in addition thereto shall possess all powers here- inafter specifically granted; and all the authorities thereof shall have perpetual succession. SECTION 2. City Boundary Line. That the terri- tory included within the following boundaries and limits, shall constitute the City of Stillwater : Be- ginning at a point in the middle of the river St. Croix, on the section line directly east of the northeast cor- ner of section number twenty-one, in township num- ber thirty, north of range number twenty west of the fourth principal meridian, thence west along the north line of said section twenty-one, and the north line of section twenty to the northeast corner of the northwest quarter of said section twenty, thence south on the line dividing the east and west halves of section twenty, twenty-nine and thirty-two, . to the northeast corner of the southwest quarter of said section thirty-two, thence east through the center of sections thirty-three and thirty-four to a point in the middle of lake or river St. Croix, thence north- erly up the middle of said river or lake, including the islands therein, to the place of beginning; And pro- CHARTER OF THE CITY OF STILLWATER. 5 vided, That the authorities of said city may exercise concurrent jurisdiction with the State of Wisconsin over the said lake and river, opposite said city, to the eastern margin of said river and lake; And provided further, That nothing herein contained, shall be deemed to exclude any portion of the, City of Stillwa- ter from the limits of Washington County. SEC. 3. Ward Boundaries. Said city shall com- prise and is hereby divided into three wards as fol- lows, to -wit : The first ward shall comprise all that part of said city lying south of a line drawn as fol- lows : beginning at a point on the shore' of Lake St. Croix where the center line of Nelson street ex- tended strikes said lake shore, and running thence , westerly along said center line ,of Nelson street to the center of Second street; thence southerly along said center of Second street to the center of Pine street; thence westerly along the center line of Pine street, and of Pine street extended, to the western limits of the city. The second ward shall comprise all that part of said city lying north of the first ward, and south of the center line of Mulberry street ex- tended, westerly to the western limits of the city. The third ward shall comprise all that part of said city lying north of said second ward. CHAPTER II. OFFICERS AND ELECTIONS. SECTION 1. Officers of the City and Term of Office. The elective officers of said city shall be a Mayor and a Treasurer, all of whom shall be residents and 6 CHARTER OF TIIE CITY OF STILLWATER. qualified voters of said city, and shall hold office for the term of two years. Each ward shall elect' one alderman each year, who shall be a resident, and a qualified voter of the ward for which he shall be elected, and hold office for the term of three years. The term of office of every officer elected under this act shall commence on the second Tuesday of April of the year for which he 'shall be elected, and shall continue until a successor is elected and qual- ified. All other officers necessary for the proper manage- ment of the affairs of the city shall be appointed by the city council, unless otherwise provided. The ap- pointment of such officers shall be determined br ballot, and it shall require the concurrence of a ma- jority of all the members of the city council to ap- point such officer. The city clerk shall hold his office for the term of two years from and after the second Tuesday of April of the year of his election, and all other appointed of- ficers, except When otherwise provided in this char- ter, for the term of one year from said second Tues- day of April. All appointed officers shall continue in office until their successors are appointed and quali- fied except as otherwise provided in this charter. All persons now holding office in said city shall con- tinue in office to the expiration of the term for which they shall have been elected or appointed, and until their successors shall have been designated and qual- ified. SEC. 2. Time of Election and Notice. The election for city officers and the aldermen of said city liall be held on the first Tuesday of April of ,every year. Whenever a vacancy shall occur in the office of CIIARTER OF THE CITY OF STILLWATER. 7 mayor or alderman, such vacancy shall be filled by a special election which shall be ordered and held with- in ten days after such vacancy shall occur. The city clerk shall give ten days' notice of the time and places of holding all general elections, and reasonable notice of all special elections, and such notices shall also designate the officer to be elected at, such general or special elections, but no defect in such notices, or failure to give them, shall invalidate any election. All elections by the people shall be by ballot, and each ballot shall contain the names of the persons vo- ted for, with a proper designation of the office written or printed thereon. The person receiving the highest number of votes for any office shall be declared elected to such office. When two or more candidates for any elective city office shall receive an equal number of votes, the election shall be determined by the casting of lots in the presence of the city council at such time and in such manner as said council shall direct. SEC. 3. Mode of Conducting Elections. The mode of conducting elections shall be the same as provided by the general laws of this State governing elections, except as otherwise provided herein. All special pro- visions herein contained, shall apply as well to all State and county elections within said city except that the returns of all elections for aldermen or city officers shall be made to the city clerk as hereinafter provided and the returns of State and county elec- tions shall be made to the auditor of the County of Washington as provided by law. SEC. 4. Qualification of Voters. All persons enti- tled to vote for State and County officers \who shall ' have resided for ten days next preceding the election in the precinct where they offer their vote, shall be 8 CHARTER OF THE CITY OF STILLWATER. entitled to vote for any officer to be elected at said election. SEC. 5. Election precincts and places of holding Elections. Each ward of said city shall constitute an election precinct. The City Council shall at least twenty days previous to the general election for City Officers to be held on the first Tuesday of 'April an- nually, and the general election for State and County Officers to be held on the first Tuesday after the first Monday of November of each year, designate the place of holding elections in each precinct, and such place so designated shall not be subject to change by the voters present at the commencement of such elec- tion. In case said City Council shall neglect or re- fuse to provide such places of election previous to general elections as herein provided , and in all cases of special election, the places of holding elections shall continue to be the same as at the general elec- tion next preceding such election. SEC. 6. Judges and Clerks of Election. The city council shall at least twenty days before any general election appoint such number of, judges and clerks of election as may be necessary to constitute a full board for each election precinct as provided by general law. SEC. 7. Special Elections, how Conducted. It shall not be necessary to appoint judges or to make new reg- isters of voters for special elections, but the judges of election at the last general election in any precinct shall continue to be judges of election for such special election, and vacancies of judges may be filled the same as in case of general elections, and such judges shall have the right to take from the city clerk and use at such special election the register used at the general election next preceding such special election. CHARTER OF THE CITY OF STILLWATER. 9 SEC. 8. Election returns. Mien an election for aldermen or city officers shall be closed, the judges of election shall make return thereof to the City Clerk within two days of such election, in like manner as provided by law for the return of State and County elections to the county auditor. . Within four days after any city election the City Council shall meet and canvass the returns thereof and declare the result thereof as it may appear from such returns, and the City Clerk shall forthwith give notice to the officers elected of ,their respective elec- tions. SEC. 9. Vacancies in office; how created and filled. Any officer removing from the city or the ward for which he was elected or appointed; or any officer who shall refuse or neglect for ten days after notice of his election or appointment, to enter upon the discharge of the duties of his office, shall be deemed to have vacated his office, and any officer having entered upon the duties of his office may resign the same by con- sent of the City Council. All vacancies, except as hereinbefore provided shall be filled by the City Council. SEC. 10. Oaths and bonds of officers. Every person elected or appointed to any office under this act, shall before he enters upon the duties of his office, take and subscribe an oath of office and file the same with the Clerk of,the city. The Treasurer, Clerk, Street Com- missioner, and such other officers as the City Council shall require, shall severally, before they enter upon the duties of their respective offices, execute to the city of Stillwater, bonds in such amounts and upon such conditions as the City Council may prescribe; and in the absence of special provisions, such officers shall 10 CHARTER. OF THE CITY OF STILLWATER. givo bonds in the amounts and upon the conditions of the bonds of their predecessors in office. The bond of the Treasurer shall be executed by at least four sureties, who shall justify to an aggregate amount of at least double the penal sum of such bond, and shall be approved by the City Council. The bonds of the other city officers shall be such as shall be ap- proved by the City Council or any proper committee thereof. CHAPTER, III. POWERS AND DUTIES OF OFFICEnS. SECTION 1. Powers and duties of Mayor. The may- or shall -take care that the laws of the State and the ordinances of the city are duly enforced and observed within the city. He shall take care that all other of- . floors of the city discharge their respective duties, and to that end may mailatain an action of mandamus or other appropriate action against any delinquent city officer. He shall from time to time give the City Council such information and recommend such measures as he may deem advantageous to the city. All ordinances and resolutions shall before they take effect be presented to the mayor, and if he approve thereof he shall sign the, same, and such as he shall not sign he shall return to the City Council with his objections thereto, by depositing the same with the city clerk, to be presented to the City Council at their next meeting thereafter. Upon the return of any ordinance or resolution by the mayor, the vote by which the same was passed shall be deemed to have been reconsidered, and the question shall be again put CIIARTER OP TIIR CITY OF STILLWATER. 11 upon the passage of the same notwithstanding the objections of the mayor, and if upon such vote the City Council shall pass the same by a vote of two- thirds 'of the members, of the council, it shall have the same effect as if approved by the mayor. If any ordinance or resolution shall not be returned by the Mayor within five days, Sundays excepted, after it shall be presented to him, the 'same shall have the same force and effect as if approved by the mayor. SEC. 2. President and Vice -President of the City Council. At the first meeting of the City Council in each year, they shall proceed to elect by ballot from their number a president and vice-president ; the pres- ident shall preside over the meetings of the council, and during the absence of the mayor from the city, or his inability from any cause to discharge the duties of the office, the said president shall exercise all the powers and discharge all the duties of the mayor. In case the president shall be absent, the vice-pres- ident shall discharge the duties of such president, and act in his place. The president or temporary presid- ing officer, while performing the duties of mayor, shall be styled acting mayor, and acts performed by him, when acting as mayor, as aforesaid, shall have the same force and validity as if performed by the mayor. SEC. 3. City Clerk. There shall be a clerk of said city styled the city clerk, who shall be elected by the City'Council. He shall keep the corporate seal, and all the papers and records of the city, and keep a record of the proceedings of the City Council, at whose meetings it shall be his duty to attend. He shall draw and countersign all orders on the treasury, in pursuance of any order or resolution of the City 12 CHARTER OF THE CITY OF STILLWATER. Council, and keep a full and accurate account thereof, in books provided for that purpose, and make an ac- curate and full record of all the by-laws, rules and or- dinances, made or passed by the City Council. The city clerk shall have power to take acknowl- edgements, and administer oaths and affirmations, and copies of all papers filed in his office, and transcripts of any records in his office, certified to by him under the corporate seal, shall be evidence in all courts in like manner as if the original were produced. He shall perform all other services by law required of the clerk of cities or townships, within said city, but when services are required of him by public law, for which compensation is provided, such service shall not be regarded as services for said city, and he may retain such compensation in addition to the salary paid by said city. He shall report annually on or about the first day of May, to the council, an estimate of the expenses of the city for the current year, and the revenue neces- sary to be raised therefor, and the fiscal year of the city shall commence on the first of May. He shall count- ersign all contracts made in behalf of the city, in connection with the mayor. The clerk, upon order of \the council, may from time to time borrow, for and in behalf of said city, such sums of money as may be necessary for temporary purposes, and to anticipate the current revenue only —such loans to be subject to the approval of the city council. He shall examine the reports, books, papers, vouchers and accounts of the treasurer, and shall perform such other duties from time to time as the council may direct. He shall not be directly or indirectly interested in any contract or job to which the city is a party, or in any loan negotiated by.the city. CHARTER OF THE CITY OF STILLWATER. 13 SEC. 4. Deputy Clerk. The city council shall whenever it is deemed necessary have -Lite power to appoint upon the nomination of the clerk a deputy clerk at such time and for such period as may be deemed necessary. Whenever the clerk and deputy clerk are absent or are for any reason unable to act, the Council may ap- point a clerk pro tempore, and said clerk so appointed as well as the deputy clerk when acting as city clerk, shall have the same powers and be subject to the same restrictions and liabilities as the city clerk. SEC. 5. City? Attorney. The City Council shall have power to elect an attorney for the city, who shall hold said office for the term of two years, and who shall perform all professional services incident to the office, and when required shall furnish written opinions upon any subject submitted to him 'by the City Council or its committees. He shall also advise with and counsel all city officers in respect to their official duties, and attend the regular meetings of the City Council and of such committees as shall request his assistance. He shall receive such compensation as the services rendered by him are reasonably worth. , , SEC. 6. City Physician. The City Council may al- so appoint a city physician, who shall bo a physician of regular practice and of good standing in his profession, and a graduate of some college �of medicine. He shall attend and furnish, medicine to all such pooi of the city as may be required of him by the proper au- thorities. It shall ba the duty of the city physician to make regular inspection of the city as to matters affecting the health of its citizens. He shall make reports to the State Board of Health of such facts as 14 CHARTER OF THE CITY OF STILLWATER. may be required by said State Board. He shall be ex officio president and executive officer of any Board. of Health established by said city, and perform all duties required of him by 'any ordinance of the city. Such city physician may be removed at the pleasure of the City Council. SEC. 7. Board of Health. The City Council may also appoint a Board of Health, consisting of three members, including the city physician, who shall have the same authority as police officers in enforcing the ordinances of said city for the security of public health. SEC. 8. City Engineer. There shall be appointed by the City Council a city engineer who shall be a practical surveyor and engineer. He may by and with the consent of the City Council employ such' assistants as may be necessary. He shall keep his office at some convenient place in said city, and the City Council shall prescribe his duties and fix his compensation and the compensation of all assistants employed by him. SEC: 9. Surveys and Plats to be City Property. All surveys, profiles, plans and estimates made by him or any of his assistants for the city shall be the property of said city, and shall be carefully preserved in the office of the city clerk or such other place as the Council may designate, open to the inspection of parties interested, and the same together with all the books and papers appertaining to said office, shall be delivered over by the city engineer at the expiration of his term of office, to his successor or to the City Council. SEC. 10. Duties of Treasurer. The Treasurer shall receive all moneys belonging to the city, including CHARTER OF THE CITY OF STILLWATER. 15 license money and fines, and keep an accurate and de- tailed account thereof in such manner as the city council shall from time to time direct. SEc. 11. Treasurer to make Report. The Treasurer shall as soon as may be, after the close of each fiscal year, and at least fifteen days before the annual elec- tion for city officers, exhibit to the City Council a full and detailed account of all receipts and expenditures for the last fiscal year, and also of the state of the treasury, which account shall be filed with the clerk, and a copy of the same shall be published in the offi-' vial paper of the city. SEC. 12. Wharf Master. The City Council shall have power to provide for the appointment of a wharf master, with power of a police officer, or may devolve the duties of such officer on any member of the police force, and may by ordinance define the duties of such wharf master, and regulate all wharf landings and levees in said city. SEC.' 13. Jurisdiction of Municipal Court. The Municipal Court of 'said City shall have exclusive cognizance and jurisdiction of all trials and examina- tions within said city, cognizable before a Justice of the Peace under the laws of the State. And of all suits, prosecutions and proceedings for the recovery of all forfeitures, fines and penalties or inflictions of punishments, for the breach of any by-law, regulation or ordinance of said City, and of all offences against the same. And in all cases of convictions for as- saults, .batteries and affrays, disorderly conduct, breach of the peace; keeping or frequenting disorderly houses or houses, of ill -fame, the Municipal' Court may, in addition to any fine or punishment authorized or imposed. or without such fine or other punishment, 16 CHARTER OF THE CITY OF STILLWATER. compel the accused to give security to keep the peace and be of good behavior, for a period not ex- ceeding six month, and in a sum not exceeding five hundred. dollars. The Judge and Special Judges -of said Court shall have powers of Justices of the Peace as conservators of the peace r and in all ministerial and exparte matters, and shall have all the power of Justices of the Peace to take depositions to be used in -other courts. All fines and penalties imposed by said Court shall belong, to and be a part of the rev- enue of said City. Said court shall also have pow- er in all criminal actions within its, jurisdiction, when the punishment is by imprisonment in default of payment of fine, to sentence any offender to hard labor in any workhouse established by the city for that purpose, or in case of male offenders to sentence him to labor on any public work or improvement, in like manner and under the same qualifications as hereinafter provided in case of offences against city ordinances. - SEC. 14. City Officers to turn over City Property. Any person having been an officer in said city, shall within ten days after notification and request, deliver to his successor in office, all property, papers, books and effects of every description in his possession, be- longing to said city, or pertaining to the office he may have held. If he fails so to do, after such notification and request, he shall forfeit and pay to the use of the City five hundred dollars, besides all damages caused by his _neglect or refusal so to deliver; and such suc- cessor may recover the possession of such books, papers and effects, in the manner prescribed by the laws of this State. SEC. 15. No Alderman to be Interested in any Con- tract, No alderman shall be a party to or interested CHARTER OF THE CITY OF STILLWATER. 17 in any job or contract with the City and any contract in which any alderman shall be so interested shall be null and void, and in case any money shall have been paid on any such contract, the City Council may sue for and recover the amount so paid from the parties to such contract, and the alderman interested in the same. SEC. 16. Other Duties may be Required and Other Officers Appointed by the City Council. The City Council shall have power at any time to require other and further duties to be performed by any officer whose duties are heroin prescribed, not inconsistent with this act, and to appoint such other officers as may be necessary to carry into effect the provisions of this act, and to prescribe their duties and fix their compensation unless herein otherwise provided for. SEC. 17. Salaries of Officers. The mayor shall re- ceive a salary of two hundred dollars per annum, the city clerk a salary of eight hundred dollars per an- num, and the aldermen each one hundred dollars per annum. No other or further compensation shall be paid to said officers or either of them for any services performed by them as such officers. - But this shall,not prevent the members of the Board of Equalization of Taxes or aldermen acting as judges of election from receiving special compensation for such service. SEC. 18. Exemption from Jury Duty. The mayor, aldermen, all City officers and the men employed in the several departments of said City while holding such office or engaged in the service of the City shall be exempt from serving as jurors in any court. 18 CHARTER OF THE CITY OF STILLWATER. SEC. 19. City Council to fix Salaries. The City Council shall have power unless herein otherwise pro- vided 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 nor diminished during the term for which such officer shall have been elected or appointed. Provided, however, that the City Council in case of insufficiency of revenue to meet the current expenses of the City for any fiscal year, may reduce the com- pensation of all officers and employees of the City for the balance of such fiscal year by an equal per centage not exceeding ten per cent. on the compensation of all such officers and employees, in which case any such officer or employee shall have the right to resign such office or employment. SEC. 20. Officers to make Returns of Property. All officers of the City having charge of any City prop- erty, shall at the close of each fiscal year make and return to the City Council a full inventory of all pub- lic property in their hands or control respectively. Such inventories shall be presented and filed by the city clerk, and kept open to inspection •of all parties interested, but need not be printed in the proceedings unless the.Council shall so specially direct. CHAPTER IV. THE CITY COUNCIL —ITS GENERAL POWERS AND DUTIES. SECTION 1. City/ Council, Quorum and Presiding Officer. The aldermen shall constitute the City Council. A majority of the aldermen shall constitute CHARTER OF THE CITY OF STILLWATER. 19 a quorum. The president or vice-president of the Council shall, when present, preside at all meetings. In their absence the Council may elect a president pro tem, who shall for such meetings have the same power as the president. SEC. 2. Stated' and Special Meetings of Council. The City Council shall hold stated meetings, and the mayor, the President of the Council, or any three of the aldermen, may call special meetings, by notice to each of the members, to be delivered personally or left at their usual places of abode. At such special meeting no other business shall be transacted than such as is designated in the call. • In case • of the at- tendance of less than a quorum at any stated meeting, the members present may adjourn to any special time they may designate, and all business transacted at such adjourned meeting shall have the same validity as if done at a stated meeting. If at any special meeting a quorum of the,aldermen shall be present, they shall be authorized to transact the business for which the meeting was called. SEC. 3. City Council Judge of Election of its Mem- bers. .Rules of Procedure. The City Council shall be the judge of the election of its own members, and in such case shall have the power to send for persons. and papers. It shall determine the rules of its own ' proceedings, and have power to compel the attend- ance of absent members, and may provide for the pun- ishment of such absent members. SEC. 4. Power to Remove Officers and how exercised. The City Council shall have power to remove from office any officer of said city whether appointed by the City Council or elected by the people, except as oth- 20 CHARTER OF THE CITY OF STILLWATER. erwise provided in this charter, but no officer elected by the people shall be removed except for cause, nor unless first furnished with a copy of the charges, nor until such persons shall have had reasonable oppor- tunity to be heard in person or by counsel in his own defence. Continued absence from the - meetings of the council in case of aldermen, for six regular' -con- secutive meetings and neglect of duty in case of other officers, unless for good reason, shall be deemed a good cause of removal. The city council shall fix a time and place for the trial of such officer, of which not less than ten days' notice shall be given, and the acting president for the purpose of the trial is authorized to administer oaths, and the council shall have power to compel the atten- dance of witnesses, and the production of papers, and 'to hear and determine the case, and if such officer shall refuse or neglect to appear and answer such charge, the City Council may declare the office va- cant. SEC. 5. Power to enact ordinances and their Force. The City Council shall have full power and authority to make, ordain, publish, enforce, alter, amend or re- peal all such ordinances for the government and good order of the oity, for the suppression of vice and in- temperance, and for the prevention of crime, as they shall deem expedient, and in and, by the same to de- clare and impose penalties and punishments, and en- force the same against any person or persons who may violate the provisions of any ordinance, passed and or- dained by them, and all such ordinances are hereby declared to be and to have the force of law, provided, that they be not repugnant to the laws of the United States or of this State, and for these purposes the CHARTER OF THE CITY OF STILLWATER. 21 said city council shall have authority by such ordi- nances: First —To license and regulate the exhibitions of common showmen, and shows of all kinds, and the exhibitions of caravans, menageries, circuses, concerts and theatrical performances, also to licence and regu- late all auctioneers, pawnbrokers, billiard tables, pig- eon -hole tables, nine or ten -pin alleys, bowling saloons, shooting galleries, taverns, victualling houses, and all persons vending, dealing in or disposing of spirituous, vinous, fermented or malt liquors. Second. —To restrain and prohibit all descriptions of gambling and fraudulent devices and practices, and all playing of cards, dice or other games of chance, for the purpose of gambling in said city, and to restrain any person from vending, giving or dealing in spiritu- ous, fermented or vinous, liquors, unless duly licensed by the City Council, provided, :that the license:for so dealing in. spirituous, vinous, malt, fermented, mixed or intoxicating liquors, shall be at least one hundred dollars a year, and as much higher as the ,council may direct, and that no license shall be granted for a less term than one year; provided however, that the coun- cil inay license druggists to deal in suchliquors, to be used for medicinal or communion purposes only, and not to be drank on the premises, at not less than fifty dollars a year. Third —To prevent any riots, noise, disturbance and disorderly assemblages in said city, and to provide for the arrest and punishment of auy person or persons who shall be guilty of the same; to suppress disorderly houses 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. 22 CHARTER OF THE CITY OF STILLWATER. Fourth —To compel the owner or occupant of any cellar, tallow chandler shop, soap factory, tannery, barn, stable, privy, sewer or other unwholesome, nau- seous house or place, to cleanse, remove, or abate the same from time to time, as often as may be necessary for the health, comfort and convenience of the inhab- itants of said city. , Fifth —To direct the location and management of stock yards, slaughter houses and markets, breweries and distilleries, and to establish rates for and license vendors of gunpowder, and regulate the storage, keep- ing and conveying of gunpowder, or other combusti- ble materials. Sixth —To prevent the incumbering of streets, side- walks, alleys, lanes, public grounds or wharves, with carriages, carts, wagons, sleighs, boxes, lumber, fire- wood, posts, suspended or swinging signs, awnings or any other materials or substances whatever. • Seventh —To regulate the movement and speed of railroad locomotives and cars, and to prevent and pun- ish 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 city limits. , Eighth —To restrain the running at large of horses, mules, cattle, swine, sheep, poultry and geese, and to authorize the distraining, impounding 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 to impose a tax on the,same, and to authorize the destruction of the same in a summary manner when 'et large, contrary to the ordinance. CIIARTER OF THE CITY OF STIIIWATER. - 23 Tenth —To prevent any person from bringing, de- positing or,.having within said city any putrid carcass or other unwholesome 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 skins, of any kind, and on default, to authorize the removal thereof by some competent officers, at the expense of such per- son or persons. Eleventh —To make and establish piibhe pounds., pumps, wells, cisterns, hydrants and reservoirs, to regulate and lecense hacks, carts, omnibusses, and the charges of hackmen, draymen, carmen -and omnibus drivers in the city, and to erect lamps and to provide for lighting of the city, and to contract for the erec- tion of gas works for lighting the streets and public grounds and public buildings, arid to create, alter and extend lamp districts, and to provide for sprinkling the streets. Twelfth —To establish and regulate boards'of health, provide hospitals and hospital grounds2 the'registra- tion of births and deaths, and the returns 'of the bills of mortality, and regulate or prevent the in rial'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 driv- ing any ox, mule, cattle or other animal on the side- walks in said city, or in any way doing damages to such sidewalks. Fifteenth —To prevent the shooting, of firearms or crackers, and to prevent the exhibition of any fire- arms in any situation which may be considered by the 24 . CHARTER OF THE CITY OF STILLWATER. council dangerous to the city, or any property there- in, or annoying any citizen thereof. Sixteenth -To prevent open or notorious drunken- ness and obscenity in the street or public places of said city, and to' provive for the arrest and punish- ment of all such persons who shall be guilty of the same. Seventeenth —To restrain and regulate porters, hackmen, and also runners, agents and solicitors for boats, vessels, stages, cars, public houses or other es- tablishments. Eighteenth —To establish public markets and oth- er public buildings, and make rules and regulations for the government 'of' the same; to appoint suitable officers for oberseeing and regulating such markets, and to restrain' all persons from interrupting or inter- fering with the due observance of such rules and reg- ulations. - Nineteenth —To license and regulate butchers' stalls, shops and stands, for the sale of game, poultry, butchers' meat, butter, fish and other provisions, and also to license and regulate all'peddlers doing business within said city. Twentieth —To regulate the place and manner of weighing hay and straw and selling the same, and the measuring and selling of firewood, coal and limo, and to appoint suitable persons to superintend and con- duct the same. Twenty -first -To compel the owner or occupant of buildings' er grounds to remove snow, dirt or rub- bish from the sidewalk, street or alley opposite there- to, and compel such occupant or owner to remove from the let owned or occupied by him, all such sub- stances as the beard of health shall direct; and in his CHARTER OF THE CITY OF STILLWATER. 25 default, to authorize the removal or destruction thereof by some officer of the city, at the expense of such owner or occupant. Twenty -second. —To control and regulate the con- struction of levees, piers and wharfs, or grading said wharfs into the St. Croix Lake or river, within the corporate limits of said city, and to prescribe and control the prices to be charged for pierage or wharf- ' age thereon, and to prevent and remove all obstruc- tions in the water of said river, and to prescribe and regulate rates of wharfage and pierage to be charged to any boat or vessel landing or mooring at any land- ing, wharf or pier, within the limits of said city and paid to said city, and to regulate the landings, levees, wharfs, and piers within the limits of said city, and boats and vessels landing and mooring at the same. Twenty -third.. —To regulate, control and prevent the landing of persons from boats, vessels or other conveyances whereon are contageous or infectious diseases or disorders and to make such dispositions of such persons as to preserve the health of said city. Twenty -fourth —To regulate the time, manner and place of holding public auctions or vendues, and to prohibit the same. Twenty -fifth —To provide for watchmen, and to pre- scribe 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 stand- ard 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 for the punishment of the use of false weights and measures. 26 CHARTER OF THE CITY of STILLWATER. Twenty=seventh—To regulate the inspection of flour, pork, beef, fish, salt, whisky and other liquors and provisions. Twenty -eighth —To appoint inspectors, weighers and gaugers, to regulate their duties and prescribe their compensation. Twenty -ninth —To direct and regulate the planting and preservation of ornamental trees in the streets, r alleys, public grounds and highways of the city, and to appoint a forester, whose duty it shall be to inspect all trees offered for sale for the purposes named, to superintend the planting and culture of the same, and to perform such other duties as ,the city council may prescribe. Thirtieth —To remove and abate any nuisance injur- ious to the public health, and to provide for the pun- ishment of all persons who shall cause or maintain such nuisance. Thirty -first —To remove and abate any nuisance, ob- struction or encroachment upon the streets, alleys, public grounds and highways of the city. Thirty -second —To do all acts and make all regula- tions which may be necessary and expedient for the preservation of health and the suppression of disease, and to make regulations to prevent the introduction of contageous diseases_ into the city, and to make quarantine laws, and enforce the same within the city. Thirty-third — To restrain and punish vagrants; mendicants, street beggars and prostitutes. Thirty -fourth —To license and regulate hackmen, draymen, and all other persons engaged in carrying passengers, baggage or freight, to prescribe standing places or stations within the streets, where such hacks, CHARTER OF THE CITY OF STILLWATER. 27 drays, or other vehicles used for such carriage, may stand or remain while waiting for business or orders, and to designate such standing or waiting places in •the licenses to such draymen, hackmen, or other per- sons, and to prohibit them from standing or waiting"at any other place within such streets, and to regulate and prescribe standing places for all vehicles, going to or waiting at any railroad depot or station in said city and to authorize the mayor or chief of police of said city to regulate and direct the location of vehicles at such railroad depots or stations. Thirty -fifth —To regulate the construction of build- ings, to prescribe the depth of cellars, the material and method of construction of foundations and foun- dation walls, the manner of construction and location of drains and sewer pipes, the thickness, material and construction of party walls, partitions and outside walls, the size and material of floor beams, girders, piers, columns, roofs, chimneys, flues and .heating apparatus, to apportion and adjust such regulations to the height and size of the buildings to be erected, to regulate the construction and location of privies and vaults in such buildings, to prohibit the construc- tion of buildings not conforming to such prescribed standard, either in the whole city or within such building limits as it may prescribe, to establish, alter or enlarge such building limits from time to time, to appoint an inspector or inspectors of buildings, or to devolve the duties of such inspector on any city officer, to give such inspectors or other officer authority to enter upon, examine and inspect all buildings in pro- cess of construction in said city or within such build- ing limits, and to direct the suspension of any Auch building operation as shall not conform to such regu- lations. Provided, however, that neither said°city council nor any_inspector or officer of said city shall 28 CHA1rER 0E THE CITY OF STILLWArE1 . have control or regulation of any building erected by the United States or the State of Minnesota. . Thirty -sixth —To provide for and regulate the erec- tion of hitching posts or rings for fastening horses, or to prohibit them in any portion of ,the city, in its dis- cretion. Thirty -seventh —To regulate the opening of hatch- ways and compel proper guards about the same. Thirty -eighth —To establish the land boundaries of said city on Lake and River St. Croix, and to provide that no filling shall be made in said lake, nor building, bank, dirt, stones, spiles or any obstructions or thing whatever, shall be placed within said lake or river, in front of said city, beyond the limits that may be pre- scribed by the city council of said city; and the said council may require the removal, and in case of a re- fusal, may cause to be removed any such obstructions or things placed in said lake or river, in front of said city, and if necessary may maintain actions against any persons responsible for such obstructions, in courts of competent jurisdiction to compel such removal. Thirty -ninth —The said council may take possession of, by condemnation or otherwise, and appropriate and therein and thereon construct, establish and maintain within Lake St. Croix, beyond low water mark, public wharves and levees, and may condemn so much of the property abutting thereon as shall be necessary, and thereon may construct in whole or in part such wharves and levees. ' Fortieth —The said city council are invested with the control and management of the Stillwater Bridge, covering its whole extent, the same being the bridge across Lake St. Croix, opposite said city, and may, by ordinance, resolution or otherwise, make and pre scribe CIfAE%TFft OF Tn2 MI OF STIttWWAT211. such rules and regulations for the management and protection of the same as they deem necessary or ex- pedient and provide for the punishment of any viola- tion of the same. SECTION 6. Punishment for Breach of Ordinance. The City Council may impose punishment for the breach of any ordinance of the city to the extent of a fine not exceeding one hundred dollars, and imprison- ment in the city prison or county jail not exceeding ninety days, or both, and may provide that the of- fender during such imprisonment be fed on bread and water at the discretion of the judge of the municipal court, and offenders against such ordinances may be required to give security to keep the peace and for good behavior for a period' not exceeding six months and in a sum not exceeding five hundred dollars. SEC. 7. Offenders May be Put to Labor. The City Council may also provide by ordinance that any one convicted of an offense before the municipal court subjecting such offender to imprisonment under the charter and ordinances of said city, may be kept at hard labor in any workhouse established for that pur- pose, or in case of a male offender, may be kept at hard labor during his term of punishment in such work- house or upon the public improvements of said city, or both; and may also provide by ordinance that any one convicted of an offense before said municipal court, and committed upon non-payment of fine im- posed, 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 improvements, or both, until such person shall work out the amount of such fine, at such rate of compensation as said council may prescribe, for a time not exceeding said commitment, and the 30 CHARTER OP THE CITY of STILLWATER. City Council shall have full power to establish by or- dinance all needful regulations for the security of such persons thus employed, and to prevent escape and to secure proper discipline, and shall have power to es- tablish a proper workhouse in said city for the purpose aforesaid, and under snch regulations as said City Council may prescribe. Provided, that in casd the city prison is for any reason unavailable for the pur- pose of confining or punishing offenders, the county jail of Washington county may be used for that pur- pose. When said jail is so used, the prisoners therein shall be under the control and custody of the sheriff of Washington county. Provided further, that the police of said city are authorized to take any person from said jail who has been sentenced to work upon any of the public works or improvements of said city for the purpose of carrying said sentence into effect. SEC. 8. Proceedings Where Same Offense is .Pro- hibited by State Law. In case any offense against any of the ordinances of the city as aforesaid shall also be prohibited by the laws -of the State and be subjected to a greater or different punishment, the court before which any person shall be arraigned for the violation of such ordinance, may in its discretion dismiss the prosecution under such ordinance, and if the evidence shall warrant such result, either convict and punish the offender for the violation of the State law or hold him for indictment and trial before the district court, as the case may be, but in all cases when any person shall be tried for violation of any city ordinance, such trial and a conviction or acquittal thereupon shall be a bar to all further or other prosecution for the same offense in any other court. 'SEC. 9. Style of Ordinances. Subject to be Stated in Title. The style of all ordinances shall be " The CHARTER OF THE CITY OF STILLWATER. 31 City Council of the City of Stillwater do ordain." The subject of every ordinance shall be expressed in its title, and no ordinance shall embrace more than one subject. SEC. 10. Ordinances and Resolutions, How 'Passed and Published. All ordinances and resolutions of the City Council shall be passed by an affirmative vote of a majority of the members of the City Council pres- ent, by ayes and nays which shall be entered in the . records of the Council. No ordinance shall be passed at the same meeting of the Council at which it shall have been presented except by the unanimous con- sent of all the members present, which shall be noted. in the record, but this shall not preclude the passage of ordinances reported.by any committee of the Coun- cil to whom the subject of such ordinance shall have been referred at any previous meeting. 'When ap- proved, they shall be recorded by the city clerk in books provided for that purpose, and before they shall be in force they shall be published in the official paper of the city. SEC. 11. Ordinances and Resolutions, How Authen- ticated. Municipal Court to Take Judicial Notice of Ordinances. A copy of the record of any ordinance or resolution heretofore passed and recorded, or that may hereafter be passed, certified by the clerk and verified by the seal of the city, any copy thereof pub- lished in the official paper of the city or printed in the _ books containing the official proceedings of the City Council, or published in any compilation of ordinances made under direction of the City Council, shall be prima facie evidence of the contents of such ordi- nances and of the regularity and legality of all pro- ceedings relating to the adoption and approval there of, 32 CHARTER OF THE CITY OF STILLWATER. and shall be admitted as evidence in any court in this State without further proof. In all actions, prosecutions and proceedings of every kind before the municipal court of the city of Still- water, -such court shall take judicial notice of all ordi- nances of the said city, and it shall not be necessary to plead or prove such ordinances in said municipal court. SEC. 12. Majority of Whole Council Required to Make Appropriations. No appropriation shall be made without a vote of a majority of all the members of the City Council in its favor, which shall be taken by ayes and nays and entered among the proceedings of the Council. SEC. 13. Abatement of Nuisances by Suit Not Pre- vented. The powers conferred upon the City Council to provide for the abatement or removal of nuisances shall not bar or hinder suits, prosecutions or proceed- ings according to law. SEc. 14. City Council to Adjust Accounts of City Officers.' The City Council shall examine, audit and adjust the accounts of the clerk, treasurer, street commissioner, clerk of the municipal court and all other officers and agents of the city at such times as they 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 City Council shall rQquire 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 his said duties, in pursuance of this section, or shall neglect or refuse to render his accounts or present his books or vouchers 'CHARTER OF THE CITY OP STILLWATER. 33 to said Council or a committee thereof, it shall be the duty of the City Council to declare the office of such persons vacant, and the City Council shall order suits and proceedings at law against any officer and agent of said city who may be found delinquent or default- ing in his accounts or the discharge of his official du- ties, and shall make a full record of all such settle- ments and adjustments. SEC. 15, Council to Have Charge of Finances and Property of City. The City Council shall have the management and control of the finances and all prop- erty of the city, and may provide for the sale of any such property, in such manner as it shall consider for the interest of the city. SEC. 16. Power to Condemn Private Property and Award Damages. The City Council shall have the power to acquire by purchase or condemnation, such private property as may be necessary for sites for pub- lic buildings for the use of the city and all depart- ments thereof, for all structures connected with any department of the city, and for all streets, alleys and public 'squares and public wharves, and, levees in the city, and to ascertain and determine the value of all such private property taken for such uses, and the amount of all damages occasioned to any private property by reason of any public works or structures, and for that purpose may appoint commissioners to appraise such values or damages, or acquire informa- tion thereof in any other manner it shall deem advis- able. SEC. 17. Council May Appoint Purchasing Commit- tee. The City Council shall have power to designate such of its own members as inay be selected for that purpose,,as a purchasing committee, and after the ap- 34 CHARTER OF THE CITY OF STILLWATER. pointment of such committee no material or supplies for any of the departments of thq city shall be pur- chased in behalf of the city without the approval of such committee, and no bill for any such purchases shall be allowed by the Council until approved by such committee. CHAPTER V. ASSESSMENT OF TAXES AND FINANCES. SECTION 1. Appointment of Assessors. The City Council shall in the year 1881, and every second year thereafter, appoint a city assessor who shall hold office for the term of two years and shall have power to ap- point a deputy, with consent of the City Council. Said assessors shall' be allowed from the first day of May to the second Monday of July of each year to make out the assessment of said city. SEC. 2. Duties of Assessors. In all respects not herein expressly provided for, said assessors shall in making assessments be governed by the rules, both in respect to the property to be listed and assessed and the manner of listing and assessing the same, which are or may be prescribed by the general laws of the State for the government of assessors in other parts of the State. SEC. 3. Board of Equalization and Duties. The standing committee on Taxes of the City Council shall constitute a Board of Equalization, who shall be sworn according to law as such Board, and meet at the City Council room in said city on the second Monday of July, of every year, and revise, amgnd and CHARTER OF THE CITY OF STILLWATER. 35 equalize the assessments on the roll of said assessors. It shall be the duties of the assessors to be present at all meetings, of the said Board of Equalization, to present before the Board all facts relating to the as- sessment. Such Board of Equalization is vested with all the powers which are or may be vested in County Boards of Equalization under the general laws of the State, so far as applicable, but shall not be restricted by any limitation in respect to reducing aggregate sums of real or personal property as returned by the assessors. SEC. 4. Further duties of Board of Equalization and City Attorney. Such Board. of Equalization may sit from day‘to day or adjourn from time to time as it shall deem proper, until it shall have completed the equalization of such assessments. It shall complete such equalization on or before the first day of August of every year, and shall have power to employ such clerk or clerks as shall be necessary to complete the revision of such assessment rolls within said time. • Every person aggrieved by any assessment shall have the right to 'appear before 'such Board and pre- sent his grievance for its consideration. It shall be the duty of the city attorney to attend the hearing of such grievances before such Board, and whenever it appears upon the hearing of such grievances that any property is listed or assessed at less than its true value, to call the attention of this Board to such un- dervaluation and to make application in behalf of the city for the correction of such undervaluation. SEC. 5. Assessment Rolls to be Confirmed by Conn oil and Returned to County Auditor. When the as- sessment rolls shall have been revised by the Board of Equalization, they shall be returned to the •City • Council who may confirm the same or return the same 36 CHARTER of THE CITY OF STILLWATER. to said Board for further revision, to be again reported to the City Council. When the City Council shall have confirmed the assessment, the city clerk shall enclose therein a memorandum of such confirmation, and such roll, shall then be 'returned to the county auditor, as other assessment rolls. In case said City council shall neglect to take final action on such rolls on or before the first Thursday of August of every year, it shall be the duty of the city clerk to return them to the county auditor, with a certificate of the fact, and in such case the assessment rolls, as revised or equalized by such Board, shall have the same val- idity as if confirmed by said City Council. SEC. 6. Compensation of Assessors, Clerks, and Board of Equalization. The assessors shall be paid a stated annual salary, to be fixed by resolution of the City Council. All deputy assessors, clerks of assess- ors and of the Board, and the members of such Board of Equalization, shall be paid• sucli reasonable com- pensation upon accounts of time, as shall be deter- mined by the City Council. SEC. 7. Estimates of Receipts and Expenses. The city treasurer shall, on or before the tenth day of September of each year, report to the City Council the amount of all revenues received by the city for the year ending on the first day of September, from other sources than taxation. The chairman of 'the finance committee and the city clerk shall, as soon as may be after the State Board of Equalization shall have completed its adjustment of the assessment of the taxable property in said city, report to the City Council a computation of a rate 'of tax -levy which, with the amount of revenue received by the city for the last year, reported as aforesaid and applicable to the current expenses of the city, shall be sufficient to CHARTER OF THE CITY OF STILLWATER. 37 defray the current expenses of the city for the next fiscal year, according to the estimate of the city clerk hereinbefore provided. for. SEC. 8. Levy of Tax for Current Expenses. After the making of the reports, provided for• in section 7 hereof, the City Council shall levy such tax on all the taxable property in said city as it shall deem neces- sary, in addition to the other revenue of the city ap- plicable thereto, to defray the current expenses of the city for the next fiscal year, but no such taxes for such current expenses shall in any one year amount to more tean 1 per cent. of the assessed valuation. SEC: 9. City Clerk to Report Expenses 'of First Quarter of Fiscal Year. Duty of Council to Reduce Expenses. The city clerk ,shall, as soon as may be, after the first day of August of each year make report to the City Council of the actual expenses of the city for the first quarter of the then current fiscal year, the amount of taxes collected grid outstanding, and of the revenues received from other sources, and if upon the making of such reports it shall appear that the current expenses for such quarter have exceeded the estimates upon which the tax levy therefor was based, or that the revenues of said city are likely to fall short of their estimated amount at the time of making such tax levy, the City Council shall forth- with proceed to reduce the current expenses of said city, in such manner as may be deemed advisable, and for that purpose may diminish the amount of service' for lighting streets, reduce the force or number of men employed in the several departments of the city, but in the discharge of such employes said City Coun- cil shall, so far as may be, provide that such discharge shall be operative only during the summer months of the year, and when necessary, for the proper reduc- 38 CHARTER OF THE CITY OF STILLWATER. tion of such expenses, may reduce the salaries or compensation of all officers and persons employed by said city, by a uniform rate not exceeding 10 per cent. of such salaries or stated compensation. In all future • contracts for lighting streets the right of the city to reduce the amount of service on account of deficiency of revenues shall be reserved. SEC. 10. Levy of Taxes to Pay Interest and Prin- cipal of City Debt. The City Council shall also at the same time levy, upon all the taxable property in said city,, such taxes as shall be sufficient to pay the interest to become due during such next fiscal year upon all the bonds or debt of said city, and an addi- tional tax of one mill on the dollar of the assessed valuation of all such taxable property to provide for the principal of said bonds or debt when the same shall become due, and the amounts collected pursuant to this section shall not be applied to any other pur- pose than herein named, but this restriction shall not prohibit the investment of the sinking fund herein- after provided for. SEC. 11. Providing for Maintainance of Sinking Fund. In order to provide for the certain payment of the bonds and debts of the city, the City Council is authorized to maintain the sinking fund already established. The mayor, the president of the City Council and the chairman of the finance committee of said City Council shall constitute and be denominated "The commissioners of the interest and sinking fund of the city of Stillwater." The City Council shall by ordinance or resolution define such duties of said board as are not herein enumerated. SEC. 12. Any two of the officers above named are hereby authorized and required to discharge the trusts 'CHATTER OF THE CITY OF STILLWATER. 39 and duties vested in them in the succeeding sections of this chapter, but shall not be entitled to receive any additional salary or compensation for such ser- vices. SEC. 13. The said commissioners shall from time to time invest the moneys which shall constitute the sinking fund for the redemption of the city debt or any surplus of interest to the credit of the interest fund or as much as they can in the purchase of bonds issued by said city, or the school bonds of the Still-' water city school district at the market price, not ex- ceeding the par value thereof, and the said commis- sioners shall be authorized to invest the said moneys or such part thereof as they see fit, either in the pur- chase of said bonds or in the bonds of the State of Minnesota or in United. States bonds, notwithstand- ing the said State or United States bonds may be above the par value thereof, or deposit the same in a designated depository, as hereinafter provided. Pro- vided, That they shall at all times give the preference to the purchase of city bonds if the same can be pro- cured at reasonable rates, and in the purchase of such city bonds preference is to be given to the bonds of said city first falling due. SEC. 14. In case said city bonds cannot be pur- chased at par value, and said commissioners shall deem it desirable, they may deposit a part of all of said sinking and interest fund in one or more desig- nated national banks, savings banks, State or private bank or banks in the name of 'the city of Stillwater, such bank, banks or banker shall be designated by the said commissioners after advertising in one or more newspapers published in the city of Stillwater for at least one week for proposals, which proposals shall state that security will be given to the said city, for 40 CHARTER OF THE CITY OF STILLWATER. such funds as deposited, and what interest will be paid on the amount so deposited, and said funds with the accrued interest shall be held subject to draft and payment from and after a time to be designated by said commissioners at the time of depositing said funds. SEC. 15. Before any national, State, private or sav- ings bank, or bankers, shall be designated as such depository, such bank or banker shall deposit with the city treasurer of the said city, a bond payable to the said city of Stillwater and signed by not less than six freeholders of said city as sureties, which bond shall be approved by the City Council of said city and shall be in such an amount as said Council shall direct, which amount shall be at least double the amount of funds to be deposited with such bank or banker. SEC. 16. Whenever the said commissioners shall have invested any part of said funds in the purchase of the bonds of the State or of the United States, and shall at any time thereafter be enabled to pur- chase any of the city bonds at such prices as they may deem best for the public interest, they shall forth- with sell and dispose of the said State or United States bonds and invest the proceeds thereof, in city bonds, if in their opinion such disposition would be benefi- cial to the public interest, and the said commissioners may at any time they deem it best for the public in- terest, withdraw said funds deposited in the desig- nated depositories, and invest the same in the bonds of said city or in State or United States bonds. Provided, however, That when said funds are depos- ited in said designated depository for a stipulated length of time, not to exceed two years, said commis- sioners shall not withdraw said funds until said time shall have elapsed. CHARTER OF THE CITY OF STILLWATER. 41 SEC. 17. Whenever said commissioners shall have invested any part df the said fund in the purchase of • city bonds, and shall at any time thereafter be enabled to purchase any of the city bonds, which shall by the terms thereof be redeemable at an earlier date, they may forthwith sell the same and invest the proceeds in other city bonds, if in their opinion such exchange shall be desirable and beneficial to the public interest; Provided, Said commissioners shall not sell the bonds of said city at less than par value. SEC. 18. Whenever any of the moneys constitu- ting the sinking fund for the redemption of the city debt shall be required for any such purchase, invest- ment, deposit or for the redemption of city bonds at their maturity, the amount of money so required shall • be paid by the city treasurer upon the warrant of said commissioners or any two of them, the mayor being one; the city clerk shall also attest said warrant and affix the seal of the city thereto. SEC 19. Whenever any of the moneys constituting said sinking fund is on deposit in a designated deposi- tory, the same shall be paid by said depository upon the warrant of said commissioners or any two of them, the mayor being one; the city clerk shall also attest said warrant and affix the seal of the city thereto. SEC. 20. All moneys constituting the fund for the payment of the bonds of the city, whenever' required to meet such bonds, shall be drawn from the treasury or designated depository in the manner provided in the foregoing sections. SEC. 21. It shall be the duty "of the city clerk to attend all of the meetings of said commissioners, and to keep a correct journal of all their proceedings, which said journal shall be verified by at least two of 42 CHARTER OF THE CITY OF STILLWATER. said oommisioners, and attested by said clerk, and once in each year, and oftener if required by the City Council, said commissioners shall render to the said City Council a full and detailed report of the proceed- ings of said commissioners, and all investments or other acts of said commissioners shall be based upon resolutions duly entered in said journal. SEC. 22. In the event of a vacancy in office or ina- bility of any of said commissioners to attend to the trust hereby imposed, it shall be the duty of the City Council to designate one or more of their number to supply the place of such commissioner, for the time being, by resolution. The said commissioners shall meet upon the call of the mayor, or the president of the City Council; the mayor shall preside at such meeting. SEC.. 23. All bonds and securities purchased by said commissioners shall be held in safe keeping by the city treasurer. Whenever city bonds are paid by the warrants of said commissioners, a record thereof shall be made in the books of said commissioners, and the said bonds shall be carefully cancelled and burned by said commissioners in the presence of the City Council. SEC. 24. It shall be the duty of said commission- ers to piotect the credit of the city, and direct and superintend the remission of funds for the payment of interest, and the bonded indebtedness of the city, to the cities of New York, Saint Paul, or wherever said bonds or interest may be payable, and if at any time said commissioners shall find that the interest fund for the payment of the interest upon the bonded indebtedness of said city, shall not be sufficient to meet and pay such interest, the commissioners may CHARTER OF THE CITY OF STILLWATER. 43 by resolution to be entered upon their records, and signed by any two of said commissioners recommend to the City Council that any surplus balance to the credit of the sinking fund, or so much thereof as may be necessary to meet and pay said interest, may be transferred to the credit of said interest fund, or in case of a surplus of the interest fund for any one year, they may recommend in like manner that said ,surplus be transferred to the credit of the sinking fund. Provid- ed, That before the said resolution and recommenda- tion shall become operative, the same shall be reported to the City Council, and shall be approved by a reso- lution thereof, and the said resolution shall be certified by the city clerk to the commissioners, and entered upon the records of said commissioners, and the same shall authorize said commissioners to make said trans- fers. Provided further, That this section shall not be so construed as to permit the transfer of funds from the interest and sinking fund to the credit of any other funds of said city, and that any other transfer of said funds is hereby forbidden. SEC. 25. May Refund Debt not Paid by Sinking Fund. No other Bonds to be Issued or Debt Contracted. When- ever the sinking fund, provided for in Section 10 here- of, shall be insufficient to pay all the bonds or debts of the city that may at any time become due, the City Council may issue the bonds of the city, to run not ex- ceeding thirty years, on such terms as to place of pay- ment and rate of interest as maybe deemed advisable, to such amount as maybe necessary to meet such de- ficiency, but neither said City Council, nor any officer or officers of said city, shall otherwise2 without special authority of law, have authority to issue any bonds, or create any debt, or any liability against said city in excess of the amount of revenue actually levied and applicable to the payment of such liability. 44 CHARTER OF THE CITY OF STILLWATER. SEC. 26. Permanent Improvement Fund how Estab- lished and Maintained. " The City Council is hereby' authorized to issue the bonds of said city to an amount not exceeding two hundred thousand dollars, for such time, not exceeding thirty years, and on such terms as to rate of interest, and place and manner of.payment, as may be deemed advisable, and to put the avails thereof into the treasury of said city, and designated as the Permanent Improvement Fund. The City Coun- cil may provide for the payment out of said fund of the expenses of any such improvements as may be as- sessed in whole or in part up -on any special property to be benefitted by such improvement, and' in advance of the collection of such assessments, but this shall not be construed to prohibit the payment out of said fund the expenses of making any permanent improvement when the cost of the same is wholly chargeable to said city. From said fund shall also be paid all such portions of the expenses of such assessable improvement as shall devolve on said city, and also the expense of all bridges, buildings, water works and other permanent improvements not otherwise specially provided for by law. All sums collected upon special assessments, whose costs shall have been advanced out of such fund, shall be returned to said fund. The City Council may annually, at the time of making the other tax levies of said city, levy a tax sufficient to replace all expenditures made from said fund, not provided for by such special assessments, and may by tax levy provide for the increase of such fund to such amount as may be deemed necessary provided that the whole amount of tax levied' in any year, on account of such fund, shall not exceed one-fourth of one per cent. of the as- sessed valuation of the taxable property in said city. Whenever special authority shall be given for the is- CHARTER OF THE CITY OF STILLWATER. 45 sue of bonds of said city for the construction of any specific improvement, and the avails, of such bonds are more than sufficient for the purpose specified, the excess of such avails shall be paid into such fund. Provided, however, that the bonds hereby author- ized, not exceeding one-half the amount thereof, may, in the discretion of the City Council, be used to aid in the construction of a railway from some point in the southern or south-western part of the county of Wash- ington, to or through the city of Stillwater, in said county., Provided, further, That none of said bonds shall be delivered until the road for which they are to be used shall have been constructed and completed and the cars running thereon. SEC. 27. City Clerk to report deficiencies, and when not to countersign contracts. Whenever the amount contracted or appropriated to be expended out of such permanent improvement fund shall be greater 'than the amount of such fund actually on hand and one- third of the amount of uncollected tax for the current fiscal year, as aforesaid, and applicable to such fund, or when the amount called for by any proposed con- tract shall, together with the amounts previously ap- propriated or contracted for, exceed the amount of such fund on hand, and such one-third of the uncol- lected taxes, the city clerk shall forthwith notify the City Council of such fact, and he shall not counter- sign any contract payable out of suoh fund until the amount of such fund on hand, with one-third of the amount of uncollected taxes, aforesaid, shall be suf- ficient to meet the liabilities created by such contract in addition to all liabilities previously contracted for. He shall countersign no order upon the treasury until there shall be money in the treasury belonging to the said fund wherewith to pay the same, and all orders on the treasury shall be countersigned in the order in which the claims are allowed. 46 CHARTER OF THE CITY 0F STILLWATER. SEC. '28. How Taxes Levied. All taxes shall be levied by resolution of the City Council, and no tax shall be invalid by reason of any informality in the manner of levying the same, nor because the amount levied shall exceed the amount required to be raised for the special purpose for which the sum is levied, but in case the surplus shall gointo the fund to which such tax belongs and may be applied to the further uses of such fund. SEC. 29. Statement of Taxes Levied to be Returned to County Auditor. The City Council shall cause to be transmitted to the county auditor of Washington county, on or before the tenth day of ,October of every year, a statement of all taxes by it levied, and such taxes shall be collected and the payment thereof be enforced with and in like manner as State and county taxes are paid and the payment thereof enforced. SEC. 30. 'Avails of Taxes to b? paid to, City Treas- urer. The county treasurer of said Washington county shall pay over such taxes, together with all interest and penalties which shall be collected on ac- count of the same, when collected, to the treasurer of said city, and in the several settlements of the funds to be so paid over as provided for by general law, said county treasurer shall account for and pay over to the city treasurer such portions of the inter- est paid by bankers with whom funds of said county are deposited, as have accrued upon funds arising from city taxes and assessments so deposited, with such county funds or as parts thereof. Whenever, previous to any of the settlements pro- vided for by law, there shall be a lack of funds in the city treasury fbr any purpose and there shall be funds in the county treasury which shall have been col- lected on account of city taxes or assessments, the county treasurer shall, on the application of said city treasurer, advance and pay over such sums as shall be estimated to be the amount collected on account of CHARTER OF THE CITY OF STILLWATER. 47 such city taxes or assessments, and such advances shall be, accounted for and adjusted at the next regu- lar settlements with said city. The city treasurer shall also forthwith, after such settlements, adjust and apportion the funds so advanced among the sev- eral city funds in his hands. SEC. 31. No Money to be Paid out of City Treasury Except on Orders. No money shall be paid out of the city treasury, except for principal or interest of bonds, unless such payment shall be authorized by a vote of the City Council, and shall then be drawn out only upon orders signed by the mayor and countersigned by the clerk, which orders shall specify the purpose for which they were drawn, and the fund out of which they are payable, and the name of the person in whose favor they may be drawn, and may be made payable to the order of such person or to the bearer, as the City Council may determine. SEC. 32. Orders to be Cancelled. When any such order shall have been paid to or received by the treas- urer, it shall not again be issued, but he shall imme- diately cancel the same and' file the same away in his office, keeping the orders drawn upon each fund sep- arate. SEC. 33. Examination and Destruction of Cancelled Orders. The City Council may provide for the exam- ination from time to time of such cancelled orders, and also of cancelled bonds or other obligations in the hands of the treasurer and for their destruction, preserving such record or vouchers thereof as the City Council or any committee thereof may deem proper. SEC. 34. Banks to Give Bonds for Deposits of City Funds. Any bank in Washington county with a cap4 ital stock equal to or exceeding fifty thousand dollars, 48 CHARTER OF THE CITY OF STILLWATER. wlich desires to receive on deposit as provided in this act, a portion of the funds in the hands of the city treasurer of said city, shall, prior to the first Monday in May, A. D. 1881, file with the city clerk of said city an application for such deposits stating that they will furnish good and sufficient bonds payable to the city of Stillwater for double the amount of money likely to be received, and conditioned for the safe keeping and payment of the funds so deposited and interest thereon; and that they will pay interest on such deposits as provided in this act. The applica- tions so filed shall be presented to the City Council, who shall determine upon the amount of bonds which will be required of each bank, and the city clerk shall notify the banks thereof. The banks shall then exe- cute such bonds with three or more sureties, and pre- sent them to the City. Council for approval; and all of such banks which shall furnish bonds which shall be approved by the City Council shall be designated by the City Council as depositories for funds in the city treasury. SEC. 35. City Funds to be Deposited. After such designation shall have been made, all the funds then in the hands of the city treasurer, or thereafter re- ceived by him, shall be deposited in the banks desig- nated, in the name of , the city of Stillwater, and sub- ject to the order of the city treasurer; and the funds so deposited shall be distributed as near as may be in equal proportion. SEC. 36. Interest to be Paid on Deposits. If the city treasurer shall at any time receive, or have in bank, funds which will probably remain on deposit three months or longer,,instead of leaving such funds deposited in open account he shall take therefor cer- tificates of deposit, payable to his order on demand, CHARTER OF THE CITY OF STILLWATER. 49 and bearing interest from date at a rate not less than four per cent. per annum, and at such higher rate as he may be able to negotiate for; provided, further, that the total amount deposited in any bank (both on open account and on certificates of deposit) shall not at any time exceed one-half the amount of the bonds of said bank to the city, unless otherwise provided by the City Council. SEC. 37. City Treasurer to make Bi-Monthly State- ments of Deposits. - The city treasurer shall make bi- monthly statements of the amount of money depos- ited, as hereinbefore provided, giving the amount de- posited in open account, and in interest bearing cer- tificates, in each bank separately, and file such state- ment with the city clerk, who shall present the same to the City Council at its next regular meeting there- after. SEc. 38. City Treasurer Not Liable for Loss of Deposits. When the funds in the hands of the city treasurer shall be deposited as hereinbefore provided, such treasurer and his bondsmen shall be exempt from all liability therefor by reason of the loss of any such deposited funds from the\failure, bankruptcy, or' any other acts of any such bank or bankers, to the extent and amount of such funds in the hands of such bank or bankers at the time of such failure or bankruptcy. SEC. 39. Treasurer to Negotiate with Banks outside of Washington County in Certain Cases. If all the banks of Washington county shall decline to give bonds and receive deposits as provided in this act, or if the bonds offered shall not be of sufficient amount to cover and make secure the deposits to be made, then the city treasurer, with a committee of tithe City Council, shall negotiate for such deposit or such 50 CHARTER OF THE CITY OF STILLWATER. part thereof as they may deem necessary, with any bank or banker outside of Washington county, which will give bonds, -with sureties to, be approved by the City Council;, and in case such negotiation, be made and bonds accepted, then the city treasurer is hereby authorized to, deposit, the funds of said city in such bank, in the same manner as in, banks mentioned in section 35 of this chapter. Provided, That no bank outside of Washington county shall be so selected Unless it have a paid up capital of not less than fifty thousand, dollars. SEC. 40. City Council ]lfay Require Additional Bonds. Whenever, from the change in the financial ability of sureties, or from other causes, the City Council shall deem the bonds of any bank insufficient security for the funds therein deposited or liable to be deposited by the city treasurer; the City Council shall require a new bond, with sureties to be approved by the City Council, to be given by such bank, and, if such bank shall, fail to promptly, execute and present such,new bond, the city treasurer shall at once with- draw all, deposits from such bank, and such bank shall cease to be a depository of, city funds, until it, shall be reinstated as such by vote,bf the City Council; upon the execution of bonds, which shall be approved by, the City Council. SEC. 41. Bonds to Continue in Fo, ce and be Re- corded. All bonds given by banks as provided in this chapter shall continue in force so long as funds of, the city or of which the city treasurer is the custodian in any way, deposited in such bank, shall be unpaid, by the banks giving'such bonds. And th'e City' Council at its regular session in the month of April in each year, shall examine all the' bonds in,the hands of the city treasurer, and if any are deemed insufficient; urran'x.mn Vr 'inn Lux Vie1'1LLVVX11ilt. 51 they shall require new bonds to be executed; and the Council may make such examination and orders at any other time. ' All of such bonds given by banks under the provisions of this chapter shall, upon being approved by the City Council, be recorded by the city clerk and then deposited with the city treasurer for safe keeping; and the record of such bonds so kept by the city clerk or copies thereof certified by that offi- cer, shall be competent and prima facie evidence of the contents and tenor of such bonds. SEC. 42. Appropriations from what fund paid. All appropriations and expenses of the city not otherwise specially provided for, shall be paid out of .the fund for the current expenses of the city. SEC. 43. Levy of Taxes for Payment of Judgment. No limitation or restriction shall be construed to pro- hibit the levying of taxes to pay any judgment, that may at any time be recovered against said city, but in case of such judgment the city'council shall at the time of making the last annual tax levy after the ren- dition of such judgment levy and assess a special tax upon all the property in the city sufficient to pay such judgment. In case of failure to collect taxes or other cause such levy shall prove insufficient, new taxes shall be levied until the whole of such judgment is paid. Any excess of the amount so levied and col- lected over the payment of such judgment shall be credited to the current expense fund of the city. In case the City Council shall neglect or refuse to levy taxes to pay any such judgment, the court before which the same shall be rendered shall have jurisdic- tion and authority to appoint a special referee to levy such tax and make return thereof to the county audi- tor, and taxes so levied shall have the same. validity 52 CHARTER OF THE CITY OF STILLWATER. and shall be collected in the same manner as if levied by the City Council. In case of neglect of the proper officers to extend and collect such tax, such court may in like mariner appoint a special referee to collect the same, and such special referee shall have all the power for such pur- pose as the regular county officer, and have access to and inspection of all tax lists and records necessary to accomplish the purpose of his appointment. CHAPTER VI. POLICE DEPARTMENT. SECTION 1. Mayor to have Control. Appointment and removal of officers. The mayor shall have con- trol and supervision of the police of the city, and shall appoint all police officers and watchmen, includ- ing the chief of police, but the appointing power herein conferred shall not be excercised to remove by implication any policemen of said city serving at the time when such appointment be made but such offi- cers shall hold their offices until removed therefrom by a two-thirds vote of all the members elected to the City Council of said. city. Provided, the appointment of all police officers, in- cluding the chief of police, shall be subject to the confirmation of the City Council; and provided fur- ther, that the mayor shall have the power to suspend any police officer from duty for official misconduct until the next meeting of the City Council thereafter, when he shall report such suspension, With his rea- sons therefor, to the City Council, to be then dealt with as the council may in the premises deem proper. SEc..2. Policemen for limited districts. The mayor CHARTER OF THE CITY OF STILLWATER. 53 may likewise at the request of any person, firm, so- ciety or organization,. appoint policemen or watch- men, who shall serve without expense to the city, and have police powers to preserve the peace and protect property within such limits, and at such places as may be designated in such appointment, but such limited policemen or watchmen shall not exercise any authority nor wear any badge of office outside the limits named in such appointment. SEC. 3. Special Policemen. The mayor may in case of riot, large public gatherings or other disturb- ances, appoint such number of special or temporary police officers as he may deem necessary, but such special or temporary appointments shall not continue more than one week without the consent of the City Council. SEC. 4. Officers of the police and their rank to be designated by Mayor. The mayor shall in his ap- pointments designate one officer to be chief of police, and such other officers for the performance of special duties, and with such control over other officers or watchmen as may be deemed necessary, and may designate the rank of such police officer by such proper title as he shall select. SEC. 5. Police Powers. All police officers and watchmen of the city shall possess the powers of con- stable at common law or by the laws of the state, and in addition thereto shall have the power, and it shall be their duty, to execute and serve all warrants, pro- cess, commitments and all writs whatsoever issued by the municipal court of the city; and they shall have the power to pursue and arrest any person fleeing from justice in any part of the state. They shall also have power, and it shall ,be their duty, to serve 54 CHARTER OF THE CITY OF STILLWATER. all summons or subpoenas, in behalf of said city, within their jurisdiction. When such officers per- ' form the duties of constables for private parties, the city shall be entitled to like fees for their services, to be taxed and collected in like manner. SEC. 6. Police Regulations. The mayor shall, with the consent and approval of the City Council, from time to time make such regulations for the control of the police force, and the powers and duties of the several officers thereof, as he may deem :necessary, and in like manner alter the same. Such regulations may designate the uniforms, badges, arms, discipline, drill and excercise of the police force, as well as the conduct of the' officers and men of said force when on or off duty, and all other matters deemed neces- sary to promote the efficiency of the force. SEC. 7. Officers of the Peace. The mayor, or act- ing mayor, chief of police, the officers of police next in rank to the chief, the sheriff of Washington county and his deputies, the coroner, the judge of the municipal court, and all police officers and watchmen shall be officers of the peace, and may command the peace, suppress in a summary manner all rioting or disorderly behavior within the city limits, and for such purposes may command the assistance of all by- standers, and, if need be, of all citizens and military companies, and, in case when the civil , authorities may be required to suppress riot or disorderly behav- ior, the superior or senior officer present, in the order mentioned in this section, shall direct the proceed- ings. SEC. 8. Penalty for Refusing to Aid in Keeping the Peace. If any person, by-stander, military officer, or private, shall refuse -to aid in preserving, the peace CHARTER OF THE CITY OF STILLWATER. 55, when thereto required as designated; in the foregoing section every such person shall forfeit and,pay a fine of fifty dollars to:be recovered by prosecution in the municipal court. SEC. 9. Penalty for Assuming to Act,ag a, Policeman Without Authority. If any person shall, without, authority, assume to act as, policeman, or to pretend to have such,power, or wear the,badge of policeman, Within said, city, he shall be deemed guilty of a mis- demeanor, and upon, conviction thereof before the municipal court, he shall be fined; or, imprisoned; in the discretion of said; court. CHAPTER VII. FIRE DEPARTMENT. SECTION 1. Power, to Establish Fire Limits. The City Council, for the purpose of guarding against the calamities .of fire, shall have power to prescribe the limits within which wooden buildings, or buildings of all; other materials. that shall not be considered fire, proof, shall not be erected, placed, or repaired, and to direct that all and any buildings within the limits prescribed, shall be made and constructed of fire proof, materials, or of such, materials and with suoh precaution against fire as the City Council shall by ordinance prescribe, and to prohibit the repairing or rebuilding of wooden buildings within the fire lim- its, and to prescribe the manner of obtaining the con- sent of the City Council to make repairs in such fire limits. SEC. 2. Power of City Counczl, to, Prevent Fire. The City Council shall have power to prescribe in 50 CHARTER OP THE CITY OF STILLWATER. what manner, and of what material chimneys shall be constructed, and to prevent the dangerous construc- tion and condition of chimneys, fire places, hearths, stoves, stove pipes, ovens, boilers and apparatus used in and about any building, and to cause the same to be removed or placed in secure condition when con- sidered dangerous; to prevent the deposit of ashes in unsafe places, and the throwing of ashes in the streets and highways, to compel the use of spark arresters in all smoke stacks connected with apparatus where light fuel is consumed, to regulate and prevent the carrying on of manufacturies dangerous in causing and promoting fires, and the storing of inflammable or explosive materials, and the use of fire works and fire arms. And to regulate and prevent the sale or keep- ing for sale, or use of any fireworks, Chinese crackers, rockets, torpedoes or other explosive contrivances, and to provide for the seizure and destruction of the same. Also to compel owners of buildings to have scuttles in roofs and stairs and ladder to the same, and compel owners of buildings of three or more stories in height to maintain ladders or fire escapes, and to regulate the number and location thereof, to regulate the loca- tion and construction of smoke houses, and to pro- hibit them where they shall be deemed dangerous to other buildings, and to make any other provisions to guard against fire, or to prevent the spreading of fires, which the City Council may deem proper. SEC. 3. City Council to Have Power to Purchase Fire Apparatus. The City Couucil, shall have power to purchase, keep and maintain fire engines and other fire apparatus, and to build and maintain engine houses, hose houses, and such other buildings as may be necessary or convenient, also to erect and maintain fire alarms, telegraphs, and boxes of every other means for giving notice of fires. CHARTER OF THE CITY OF STILLWATER. 57 SEC. 4. The City Council May Continue the Present Volunteer Fire Companies and Authorize the Organiza- of Such Other Volunteer Companies as in its Discretion May be Necessary or Expedient. Whenever the City Council may decide, by a two-thirds vote of all its members, that greater protection can be secured by a paid fire department, it may by resolution duly passed, two-thirds of all the members voting in the affirma- tive thereof, abolish said volunteer fire department and create in lieu. thereof a paid department, which shall be officered and managed as provided in the next two sections. Pr ivided, however, said two sections shall not apply to the volunteer companies of said city. SEC. 5. Chief Engineer and Other Officers. , In the event of the creation of a paid fire department, the City Council shall annually appoint a chief engineer of said fire department and provide by ordinance for such other officers and men as may be deemed neces- sary for such department and define the respective ranks and duties of such chief engineer and other officers and men, and their compensation. SEC. G. Appointment and Removal of Officers and Men. The chief engineer shall nominate for the ap- proval of the City Council all other officers and men connected with such department, and may at any time by and with the consent of the,standing comb rnittee on fire department of the City Council remove or discharge such officers or men as he may deem it for the interests of the city to discharge, and when- ever the Council shall deem it necessary to reduce the number of men employed, said chief engineer shall upon the direction of the City Council recommend the discharge of such officers or men as can be released 58 CHARTER OF THE CITY OF STILLWATER. without impairing the working efficiency,of such de- partment. SEC. 7. Regulation of Fire Department by Ordi- nance. The City Council shall have power and au- thority to make by ordinance all needful rules for the government of the fire department and for the pro- tection and use of all engine houses, telegraph lines, and other property and apparatus pertaining thereto, and of the water works, mains, pipes, cisterns and hy- drants in said city, as used in connection with said department, and by such ordinances provide for the punishment of persons injuring or interfering with such property, or any portion thereof, and may also by such ordinance make provision to keep away from .the -vicinity of any fire all idlers and suspected persons, and to compel all by-standers to aid in the preserva- tion of property exposed to danger by such fire. SEC. 8. Fire Marshal. The City Council. may designate such officer of the fire department as it may select to act as fire marshal of the city, to see that the ordinances of the city relating to the build- ing and care of chimneys, and respecting all other precautions against dangers from fire are not violated and who shall have power and be fully authorized to enter any dwelling house or other building at all hours, between seven o'clock in the morning and six o'clock in the evening, and examine all chimneys, stoves, furnaces, pipes and other parts of such build- ings, and see that the ordinances of the city respect- ing the same are enforced. It shall further be the duty of such fire marshal to examine particularly into the cause of every fire which shall happen within the city, and to make and keep a brief record of the same and make report thereof to the Council at the first regular meeting in every month. CHARTER OF THE CITY OP STILLWATER. 59 SEC. 9. Fire Police. Whenever the City Council shall deem it necessary it may provide for a fire police of such numbers and with such powers as it may determine, and for that ;purpose it may either give police powers to such of the officers or men of the fire department as may be necessary, or authorize the appointment of the necessary policemen in the same manner as other policemen are appointed. In all cases, all policemen present at any fire shall be subject to the direction of the officers of the fire department present at such fires. SEC 10. Penalty for Refusing to Obey Orders at Fires. If any person shall, at any fire, refuse to obey the orders of the chief engineer of the fire depart- ment, or other officer vested with authority at such fires, such person may be arrested by the direction of the officer whose orders are so disobeyed, and, upon complaint made before the municipal court of said city, shall be punished by fine not exceeding fifty dollars and costs of prosecution, and imprisonment until such fine and costs are paid, not exceeding'sixty days. SEc. 11. Expenses, How Paid. All expenses of the fire department and all amounts paid for the pur- chase of fire apparatus, or any property for use of the fire department, or the erection of any telegraph, shall be paid out the funds devoted to payment, of current expenses of the city. The construction of. engine -houses or other buildings for the use of such department may be paid for out of the permanent improvement fund of the city. SEc. 12. Wooden Sidewalks Prohibited. The City Council shall have power to prohibit the construction of wooden sidewalks within the fire limits of the GO CHARTER OF THE CITY OF STILLWATER. city, whenever it shall deem the safety of the city require it. CHAPTER VIII. STREETS, SIDEWALKS AND BRIDGES. SEC. 1. City Council to have Control. The City Council shall•have the care, supervision and control of all highways, streets, alleys, wharves, levees, pub- lic squares and grounds within the limits of the city, and may lay out and open new streets and alleys, and extend, widen straighten, and may build maintain and repair bridges across streams or railway tracks, may provide for the pavement of gutters or the ro ad beds of any street or alley. SEC. 2. Establishment and Change of Street Grades. The City Council shall have power to establish the grade of any street when such grade has not been established, and may by vote of two-thirds of the members of the Council change the grade of any street after such grade has been established. It shall cause accurate profiles of the grades of all streets to be made, and kept in the office of the city engineer. SEC. 3. Vacating Streets. Power of Council Ex- clusive. The City Council may also by a vote of two- thirds of the members thereof vacate any highway, street, lane or alley, or portion of either; and such power of vacating highways, streets, lanes and alleys within the city of Stillwater is vested exclusively in said City Council, and no court or other body, or authority shall have any power to vacate any such highway, street, lane or alley, nor any plat or portion of any plat of lands within said city. • CHARTER OF THE CITY OF STILLWATER. 61 SEC. 4. City Engineer to have Charge. The city engineer of the city shall have supervision arid. gen- eral charge of all work done on any street, highway, or alley in the city, may direct the manner of per- forming such work, and the construction of all side- walks, street crossings, bridges or other structures in or upon such streets, may suspend any such work or construction as shall not conform to his requirements or those of the City Council, and shall take care that the terms of all contracts for any work or construction in behalf of the city are fully complied with. SEC. 5. Council may Contract for Cleaning Streets by Districts. The City Council shall have power to designate districts of portions of the streets and alleys of the city, for the purpose of cleaning the same, and may provide for the cleaning of such districts by con- tract on such terms as shall be deemed advisable. SEC. 6. Work Done by Contract. All work done or constructions made, pursuant to the provisions of this chapter, shall, save making, changing and repair- ing streets, alleys and sidewalks, of which the esti- mated cost shall exceed five hundred dollars, shall be let by contract to the lowest responsible bidder therefor and the City Council may require of the bidder a bond with sureties for the faithful performance of the con- tract, due notice shall be given of the time and place of letting such contract; Provided, That if in the opinion of the Council, no just and reasonable bid shall have been received for any such work after due notice as aforesaid, or if the persons to whom the same is let fail in any particular to duly perform the same, the City Council may, by a two-thirds vote, have such work done without contract, by the direct employment of labor and purchase of material by said city. 62 CHARTER OF THE CITY of STILLWATER. SEC. 7. Street Commissioner. The City Council may, at its first meeting, after each annual election, appoint one street commissioner for the city, whose term of office shall be for one year. It shall be the duty of such street commissioner to see that all streets and sidewalks under his charge which have been graded and opened for travel are kept clear from obstruction and in such repair as to be safe and passable; also, to superintend, subject to the directions of the city engineer, the grading 'of streets and laying of side- walks, and to carry into effect all orders of the City Council. But no street commissioner shall do. any work upon streets except such as is necessary to keep traveled streets and improved sidewalks in repair and passable condition, and unless such work is specially ordered by the City Council. The street commissioner shall keep accurate accounts of all his work and ex- penditures, and make detailed and itemized reports thereof to the City Council at least once in two months, and oftener if ordered by the Council. And no bill for compensation to such street commissioner shall be allowed unless the same shall be accompanied or preceded with full and itemized reports of his work and expenditures up to the time of rendition of such bill. Said street commissioner shall be paid for his serv- ices such compensation as the Council shall determine for the time actually by him given to such service, to be paid upon bills thereof audited, as other claims against said. city. SEC. 8. No Street Commissioner to have Interest in any Work. No street commissioner shall be interested in any contract for any work to be done under his charge, nor be allowed compensation for any use of team, owned. by himself or in which he shall have any CHARTER OF THE CITY OF STILLWATER. 63 interest, nor for any material or labor furnished by him, except his personal services, nor shall he receive directlyorindirectly any commission, gratuity, money, or valuable thing from any person doing work or fur- nishing material for any work or construction under the charge of such street commissioner or the city engineer of the city. SEC. 9. Penalties. If any city engineer, street commissioner, or any other officer of the city shall have any interest in any contract work or construc- tion done pursuant to this chapter, all such contracts shall be void, and such work done, material furnished or applied for the use of the city shall be forfeited, and every such city engineer, street commissioner, or other officer who shall accept any gift or gratuity, or any commission, from any person having contracts with said city, or furnishing material or performing labor under the provisions of this chapter, which con- tract, material or labor shall be under the charge or supervision of such engineer, commissioner or other dfficer, or subject to acceptance by them, or either of them, or shall, fail to account for any money or prop- erty coming into his hands or possession, shall be punished in the same manner as provided by law for the acceptance of bribes by public officers. SEC. 10. Bridges and Streets, from What Fund Maintained. All bridges in said city crossing the Lake St. Croix or river, or any material stream or water course in said city tributary to said river, or crossing any railroad track, whatever the form or material used in the construction thereof, shall, together with the guards and embankments connected therewith,, and the immediate approaches thereto, which form a nec- essary part of the same, be built, maintained and kept 64 CHARTER OF THE CITY OF STILLWATER. in repair by the city, as a general city charge; except' where other provision is made therefor. SEC. 11. Power to Open New Streets and Assess Expenses. Whenever the City Council shall 'deter- mine to lay out or open new streets or alleys in said city, or to widen, straighten or extend -any that now exists _or may hereafter exist, it may, for such pur- poses, purchase or condemn any real estate or inter- est therein which is private property, and provide for the payment of the value of such property as may be taken for such improvement, and all damages done to any private property by reason of such improvement and the expense of making such improvement by assessing, levying and collecting the whole expense,of such improvement, or such parts thereof as maybe considered 'equitable, upon the property to be bene- fited by such improvement, without regard to cash valuation; but no assessment for such improvement shall exceed the' actual benefit to the property upon which the same, shall be assessed, and in case the whole expense of such improvement shall exceed the • benefits accruing therefrom to any specific property, the excess of such expense shall be made a general city charge and be _paid as current 'expenses of the city. This, however, shall not be construed to pro- hibit the payment of such expense out of the perma- nent improvement fund, if the Council so direct. Nothing in this section shall be construed as permit- ting the condemnation of any ground of any ceme- tery or burial place and occupied for such purposes, without the consent of the owners of such ground. SEC. 12. Pavements. The City Council is hereby authorized in its discretion to cause to be paved, re - paved, or macadamized, any sti eet or ailey or any part thereof, in the city, or any, gutter along any side of CHARTER OF THE CITY of STILLWATER. 65 any street or alley or any portion thereof, in such manner as it may direct, and to collect the expense and cost of the same by special assessment upon the property fronting on such improvements on the same side of the street, but the expense of paving or other- wise improving the crossings of such streets and of such improvements as shall be in front ,of property exempt from such assessment or belonging to the city shall be paid from the current funds of said city. No assessments shall be made for paving or macadamizing any ground occupied by railway tracks or lying -be- tween such tracks. SEC. 13. Sidewalks, How Maintained. It is hereby made the duty of all owners of land adjoining any ,street, lane or alley in said city, to construct, recon- struct, and maintain in good repair such sidewalks along the side of the street, lane or alley next to the lands of such owner respectively as may have been heretofore constructed, or as shall hereafter be con- structed, or directed by the City Council to be built, and of such material and, width, and upon such place and grade as the City Council may by ordinance or otherwise prescribe. Whenever the City Council shall deem it necessary that any sidewalk in the city of Stillwater shall be constructed or reconstructed, it shall by resolution direct such construction or recon- struction., specifying the width thereof and the mate- rial of which the same is to be constructed. The pub- lication of such resolutioh once in the official paper of the city shall be sufficient notice to the owners of the land along which such sidewalk is to be built to con- struct the same, and unless such owners 'shall each along his respective land construct and fully complete such sidewalk within two weeks after the publication of such resolution as aforesaid; the City Council shall 66 CHARTER OF THE CITY OF STILLWATER. forthwith proceed to ascertain the expense of con- structing the same and assess and levy such expense upon and against each lot and parcel of land upon which such sidewalk shall front. Such assessment shall be collected in the same way in all • things as is provided for the collection of special assessments un- der the provisions of chapter ten of this charter. And the City Council may either before or after making such assessment cause such portion of such sidewalks as have not been built by the owners of such lands fronting on the same, and all street crossings to be built by the proper street commissioner, or upon con- tract, 'or by any other person as the Council may de- termine. SEC. 14. Repairs of Sidewalks. If the owner of any lot or parcel of land- shall suffer any sidewalk along the same to become broken, rotten, or out of repair, it shall be the duty of the proper street com- missioner to immediately repair the same in a good substantial and thorough manner, and to report to the City Council the cost of such repairs in each case, and a description of the lot or parcel of land abutting which such repairs are made, and such report shall be carefully filed and preserved by the city clerk, and the City Council shall once in each year, at, or as near as conveniently may be, the time of levying the yearly city taxes, assess and levy upon each of the lots and parcels of land fronting or abutting upon sidewalks which have been so repaired by street com- missioners the cost of making such repairs. In each case such assessments for all' such repairs within the year may be combined in one assessment roll and be collected as provided for in chapter ten of this char- ter. In cases any such sidewalk shall become so out of repair as to become dangerous, and cannot be made CHARTER OF THE CITY OF STILLWATER. 617 safe without being rebuilt and there are no funds to defray the expense of such rebuilding, it shall be the duty of the proper street commissioner to remove the same entirely, and the expense of such removal shall be added to the cost of rebuilding when the same shall be reconstructed and collected with the assessments for such reconstruction. SEC. 15. Liability for Insufficient Sidewalk. It is not only made the duty of all owners of land within ,. said city to keep in good repair all sidewalks con- structed or existing, or that shall hereafter be con- structed or exist, along or abutting upon their respec- tive lots and parcels of land, but such owners are hereby declared to be liable for all damages, to whom- soever resulting, arising from their fault or evident neglect in not keeping any such sidewalk in good re- pair, and in safe passable condition; and no action shall be maintained against the city of Stillwater by any person injured through or by means of any defect in any sidewalk, unless the owner of the land along which such sidewalk was so defective, is joined in said suit as a party defendant, and in case of judgment against the defendants in such action, execution shall at first issue only against the defendant owning such land, and the city shall not be required to take steps to pay such judgment, until such execution shall be returned unsatisfied; and if said city shall pay such judgment it shall become the owner of the same, and may enforce payment of the same from the other de- fendant, and shall be entitled to execution therein against him, and to take such other proceedings as judgment creditors are entitled to take. SEC. 16. Cost of Sidewalk —From What Fund Ad- vanced. Moneys to build or repair sidewalks, when the same shall be done by the street commissioner un- 68 CHARTER OF THE CITY OF STILLWATER. der this act or in case of building by a contractor, may be advanced from the permanent improvement fund, to be reimbursed by the special assessment when col- lected, and the expense of constructing all street crossings of sidewalks, shall be chargeable to the city. SEc. 17. Ground to be Graded. It shall be the• duty of the City Council before ordering the con- struction of any new sidewalk to cause the ground on which it is to be built to be properly graded. SEC. 18. Limitation of Actions. No action shall be maintained against the city of Stillwater, on ac- count of any injuries received by means of any defect in the condition of any bridge, street, sidewalk or thoroughfare, unless such action shall be commenced within one year from the happening of the injury. Nor unless notice shall have first been given in wri- ting to the mayor of said city, or the city clerk thereof, within thirty days of the occurrence of such injury or damage, stating the place where and the time when such injury was received, and the circumstances sur- rounding the same, and that the person so injured will claim damages of the city for such injury; but the notice shall not be required when the person injured shall in consequence thereof be bereft of reason. Nor shall any such action be maintained for any defect in any street, until the same shall have been graded; nor for any insufficiency of the ground where sidewalks are usually constructed when no sidewalk is built. SCE. 19. No railway company, or street railway company, shall have any right, in clearing their tracks through any part of said city, or otherwise, to pile up snow or other material and leave the same piled upon any traveledTpbrtion of any street in said city. And any such company shall be liable to any person who CHARTER OF THE CITY OF STILLWATER. 69 shall be injured by, means of any such obstruction caused by such company, or its servants, for all dam- ages sustained. And in case any damages shall be re- covered against the city for injuries caused by such obstruction, the city shall have the right to recover the same again from the company by whom the ob- struction was caused. SEC. 20. Plats of Additions, How Made and Adop- ted. Whenever any person shall subdivide any lot or piece of ground within said city, into building lots for the purpose of selling the same, or any part thereof, he shall cause the same to be surveyed and platted in accordance with the provisions of chapter 29 of the general statutes, and when the survey and plat are so completed and acknowledged it shall be presented to the City Council and a copy thereof furnished the city engineer. Said City Council may accept or re- ject said plat, or direct it 'to be changed or modified in such manner as it shall deem expedient, but no plat for any tract of ground less than one full block, nor containing fractional blocks shall be accepted. When any plat is accepted by the City Council the city clerk 'shall so certify upon the face of such plat, when it ' may be recorded in the same manner and with the same effect as provided by general statutes in respect .to town plats. All the provisions of section 9, chap- ter 29, of general statutes shall be applicable to said city, and in addition thereto no person shall be enti- tled to any damage for the laying out or extension of any street or alley over any lot or parcel of land sold or offered for sale contrary to law. SEC. 21. Effect of Accepting Plats. The acceptance of such plat or addition of any ground within the lim- its of said city shall not make the city liable to grade the streets therein designated, or responsible for any 70 CHARTER OF THE CITY OF STILLWATER. insufficiency of such streets, until the City Council shall direct the same to be graded and opened for travel. CHAPTER IX. SEWERS. SECTION 1. The City Council shall have power to maintain the sewers now established in said city, and to enlarge, extend, relay or improve the same, as it shall consider the public good may require and may construct and cause to be constructed additional sewers. SEC. 2. Whenever in the construction, enlarge- ment or extension of sewers it shall in the judgment of the City Council be necOssary to take any private property, consisting of either land, building, water- power or other private property, the City Council shall have power to acquire the same by purchase or con- demnation, and in all cases of purchase of such prop- erty the city shall become the absolute owner thereof and shall have the right to sell the same whenever for any cause it shall be deemed advisable to change the location of any such public works. In such cases when such property shall by acquired by condemna- tion said City Council shall have the right to agree with the owner of the fee of such property and re- ceive such compensation for vacating the public use thereof as may be agreed on, or it may purchase such fee from such owner and sell the whole property again with such owner in sale of the whole property, and receive such reasonable proportion of the avails of such sale as may be agreed on. CHARTER OF THE CITY OF STILLWATER. 71 SEC. 3. The City Council may in like manner when- ever it shall deem it necessary to relay or extend any sewer through any street of the city, levy and collect the cost and expense of such improvement, or exten- sion by any equal assessment of an equal sum per front foot on the property fronting on such street, and subject to assessment, but yin case it shall be deemed necessary to lay a -larger sewer than is neces- sary for the use of such abutting property so that it shall serve as a main sewer to carry off the sewage of remote tracts of the city, the additional expense of such main sewer over and above the expense of an ordi- nary sewer shall not be so assessed upon the property fronting upon such street, but shall together with all expenses of such sewer not covered by assessment be paid out of the permanent improvement fund of the city. SEC. 4.. Whenever the City Council shall deem it necessary to lay,service pipes at the same time that pipes are laid in such streets either for water works or sewer, as hereinbefore provided for, to prevent further tearing up of streets or for other cause, it shall have power to lay and extend such service pipes from such street mains to the line of such street in front of each lot or parcel of land so fronting on such street, and to add to the assessment for such street main the whole cost of each of such service pipes to each lot or parcel of land, without regard to the cash valua- tion or frontage of such lot or parcel'of land, and the location of such service pipe shall be determined by the city engineer. SEC. 5. Whenever any sewer of said city shall be extended to or in the vicinity of any tract of wet or marshy land either within or without the limits of said city, and the City Council shall consider that the 72 CHARTER OF THE CITY OF STILLWATER. public health of the city demands the drainage of such wet or marshy land and the extension of such sewer to or into such land and beyond the lines of the streets of the city the City Council may by resolu- tion therefor direct the commencement of proceed- ings against the owner or owners of such wet or marshy land, and thereupon said ,city shall • have the right to maintain in the district court of the county of Wash- ington, or in any other court of competent jurisdic- tion an action against such owner or owners to com- pel a contribution from them to defray the expense of extending such sewer to or into such lands, and the additional expense if any such may be caused by the necessity of enlarging the sewers through the streets of the city from such tract of land to the outlet of such sewer. In such action the court shall have power to direct the joining of other parties to such action as defendants in such manner as it shall ad- judge equitable and shall make award of such sum or sums of contribution to the expense of such sewer as it shall deem just and in proportion to the benefit to each specific parcel of such wet or marshy land as shall be affected by such sewer, but in no case to ex- ceed the amount of benefit it shall adjudge to accrue to each of such specific parcels by reason of such ex- tension of such sewer. Such award. shall stand as the determination of such court, and said ' city shall upon the completion of such work have judgment and exe- cution for the several sums so awarded, which judg- ment shall be a specific lien upon each of the parcels of the land upon which such award shall be made, which lien shall have priority over every other lien or charge upon such parcel and such judgments may be enforced against such specific property or against other property of the owners of such land as may be convenient. If upon the making of such award by CHARTER OF THE CITY OF STILLWATER. - 73 said court the City Council shall consider the' whole expense of such improvement above the amount of such award to be an excessive burden on the city, it may abandon the proceedings by paying the taxable costs in such action, or it may determine to proceed With part of such work and abandon the remainder thereof, in its discretion, or it may, in its discretion, delay the performance of the work not exceeding three years. CHAPTER X. CONDEMNATION OF PRIVATE PROPERTY AND ASSESSMENTS FOR LOCAL IMPROVEMENTS. SECTION 1. Selecting Public Grounds. Whenever the City Council shall consider it necessary to procure grounds for any public grounds,,wharves, levees, en- gine houses, markets, or public building, or for water works, the City Council shall appoint a committee of not less than three of its members who, together with the city engineer, shall make examination and propose to the City Council a location and description of land suitable for such public grounds, wharves, levees, engine houses, market or public building, or' for water works. as the case may be, and the most convenient manner of taking and using the same, and present to the City Council a plat of the land proposed to be taken, and in their report shall show, so far as the committee shall deem necessary, what canals, tunnels, buildings or structures can be used in the appropria- tion, and any other matter which the committee shall deem proper for the information of the Council, and such committee may present for the, consideration of the Council more than one location and plat. 74 CHARTER OF THE CITY OF STILLWATER. SEc. 2. Committee to Report. Such committee shall file their report with the city clerk of said city, who shall give notice by publication twice in the of- ficial paper of said city, that such report is on file in his office for the inspection of all persons interested, and that the same will be presented to the City Coun- cil for action thereon at a meeting of said Council, to be named in such notice, which shall be the regular meeting of said council which shall occur next after one week from the second publication of such notice. At the meeting named in said notice, the city clerk shall next after the reading of minutes of previous . meeting,,present such report, and the matter may be acted upon by the Council at the same or any subse- quent meeting. The Council, under such rules as it may prescribe, may hear any persons interested in the matter, or refer the matter to a committee to hear such persons and report. SEC. 3. Designating of Public Grounds, and Ap- pointment of Commissioners and their Award. When- ever the City Council may determine upon the lands, and other property to be taken and appropriated, it shall designate the same as nearly as may be conven- ient, and shall cause such plat or survey as may be necessary to 'show or explain the same, to be made and filed therewith with the city clerk, and the City Council shall then,' or afterwards, appoint three com- missioners who shall be freeholders of said city, and no two of whom shall reside in the same ward, to view the lands, water power or other premises to be taken and appropriated and ascertain and award the amount of damages or compensation to be paid to the owners of the property so to be taken and appropri- ated. Two or more of such commissioners shall consti- CHARTER OF THE CITY OF STILLWATER. 75 tute a quorum and be competent to do any act re- quired of such commissioners. They shall be notified by the city clerk by notice to be served on them sev- erally, either personally or through the mail, to attend at his office on or before a day fixed by him, not less than two'days after the service or mailage of such no- tice, to qualify and enter upon their duties; and if any commissioner shall refuse or neglect to attend. as aforesaid, he shall forfeit and pay to the city of Still- water the sum of fifty dollars, to be recovered to the use of said city in a civil action in the municipal court ; and in case a quorum of such commissioners shall not so attend at the time and place designated in said notice, the mayor or acting mayor of said city may, in writing, appoint one or more commissioners in the stead of any such absentees. The commissioners shall be sworn by the clerk or any officer authorized to administer oaths, to discharge their duties as such commissioners in the matter, with fidelity and impar- tiality, and make due ieturn of their action to the City Council. They shall give notice by two publications in the official paper of said city that they will, on a day des- ignated in such notice, which shall be at least ten days after the first .publication of such notice, meet at a place designated in said notice on or near the premises proposed to be taken and appropriated, and view the property proposed to be taken and appropri- ated and ascertain and award therefor compensation and damages, and that they will there and then hear such allegation and proofs as interested persons may offer. Such commissioners shall meet and view the premises pursuant to such notice, and may adjourn from time to time, and after having viewed the prem- ises may, for the hearing of evidence and preparation of their award, adjourn or go to any other convenient 76 CHARTER OF THE CITY OF STILLWATER. place in said city, and such commissioners shall make a true and impartial appraisement and award of the compensation and damage to be paid to each person whose property is to be taken or appropriated, and report -the same to the City Council, and such award shall lie over until the next regular meeting of the Council, which shall occur at least one week after the reception of such award, at which or at any subse- quent time the City Council may act on such award and hear any objection made thereto, or may refer the matter to a committee to hear such objection and re- port thereon. The Council may confirm such award, or annul the same, or send the same back to the same commissioners for further consideration, and such commissioners may in such case, again on giving no- tice, publish once in the official paper of said city, meet at a time and place to be designated in said no- tice, which shall be at least two days after the publi- cation of such notice, and hear any further 'evidence that may be adduced by interested persons, and may adjourn from time to time and correct any mistakes in such award, and revise and alter the same as they may_ deem just, and again report such award to the City Council, who may confirm or annul the same. When any such award shall be confirmed by the City Council, the same shall be final and conclusive upon all parties interested, except as hereinafter provided. SEC. 4. Objections to Award Public Grounds, How Taken, Appeal. Any person whose property is pro- posed to be taken under the provisions of this chapter, and who deems that there is any irregularity in the proceedings of the Council or action of the .commis- sioners, by reason of which the award of the commis- sioners ought not to be confirmed, may at any time, before such award shall be confirmed by the City Council, file with the city clerk, in writing, his ob- CHARTER OF THE CITY OF STILLWATER. 77 jection to such confirmation, setting forth therein specifically the particular irregularities complained of, and if notwithstanding such objection, the City Council shall confirm the award, such person so ob- jecting shall have the right to appeal from the order of the City Council confirming such award, to the district court of the County of Washington, at any time within ten clays after such order. Such appeal shall be made by serving a written notice of such ap- peal upon the city clerk of said city, which shall specify the property of the appellant affected by such award, and refer to the objection filed as aforesaid, and by also delivering to said city clerk a bond to the city of Stillwater, executed by the appellant, or by some one on his behalf with two 'sureties, which bond shall be approved by the court, who shall justify in the penal sum of fifty dollars, conditioned to pay all costs that may be awarded against the appellant. Thereupon the city clerk shall make out and transmit to the clerk of said district court a copy of the award of said com- missioners, as confirmed by the Council, and of the order of the Council confirming the same, and of the objection filed by the appellant as' aforesaid, all certi- fied by said city clerk to be true copies, within ten days after taking of such appeal. But if more than. one appeal be taken from any award, it shall not be necessary that the clerk in appeals subsequent to the first, shall send up anything except a certified copy of the appellant's objection. There shall be no pleading on such appeal, and the only qnestion to be decided, shall be whether the commissioners had jurisdiction to make the award, and whether in their proceedings there was any such irregularity, or omission of duty prejudicial to the appellant, and specified in his said written objections, that as to him the award ought 78 CHARTER OF THE CITY OF STILLWATER. not to stand. The case may be brought on for hear- ing on eight days' notice, at any general or special term of the court, and shall have precedence of other c vil cases; and the judgment of the court shall be either -to confirm or annul the award in so far only as the same effects the property of the appellant pro- posed to be taken or damaged, and described in said written objection from which judgment no appeal or writ of error shall lie. And if the court shall be of opinion that such appeal was frivolous or vexacious, it may adjudge such costs against the appellant as to it may seem proper, not exceeding twenty-five dollars ; otherwise no cost shall be recovered by either party. " SEC. 5. Effect of Award, Abandonment, Claimants, Abstract and Award. Whenever an award of com- pensation and damages shall be confirmed by the City Council, and not appealed from, and whenever the same when appealed from shall not be set aside by the court, the same shall constitute a lawful and sufficient condemnation and appropriation to public use of the land and property and rights in property for which • compensation or damages are so awarded, and the City Council shall thereupon cause to be paid from the' Permanent Improvement Fund of said city, or such other fund as may be provided by law, to the owners of such property the amount awarded to each severally. In case such payment is not made within one year, after the confirmation of the award or the determination of the appeal thereupon, the proceed- ings shall be deemed to be abandoned. Before payment of such award the owner of such property or the claimant of the award shall furnish an abstract of title showing himself entitled to all of the compensation and damages claimed. In case of neg- lect to furnish such abstract, or there shall be any CHARTER OF THE CITY• OF STILLWATER. 79 doubt as to who is entitled to such compensation or damage or any part of the same, the amount so awarded shall be by the City Council appropriated and set apart in the city treasury for whoever shall be entitled thereto and be paid over whenever any person shall show clear right to receive the same. The City • Council may in its discretion require of such claimant a bond with good and sufficient sureties conditioned to indemnify and save the city harmless against all other claims for such compensation or damages, or for the property for which the same was awarded•and all loss, cost or expenses on account of such claims. Upon the payment of said award or appropriation, or the setting apart of the money in the city treasury to pay the same as aforesaid, the city shall become vested with the title to the property taken and con- demned absolutely for all purposes for which the city may ever have occasion to use the same, and may forthwith enter upon the use of the same, and such purposes and uses shall include, among others, the right to authorize and empower the laying of railway tracks and the running of cars and engines thereon upon the public levees by any railroad company or companies, and such prospective use shall be consid- ered in the award of damages therefor. This section shall apply to all cases of appropriation of private property for public use provided for in this chapter. SEC. 6 Street Improvements —Proceedings. When- ever the City Council shall vote to lay out, grade or open any new street or alley, or to straighten, widen, grade or extend any that now or may hereafter exist, which shall make it necessary to take, injure or inter- fere with private property, it shall determine -and des- ignate in a general way, as nearly as may be conven- 80 CHARTER OF THE CITY OF STILLWATER. ient, the character and extent of the proposed im- provement, and thereupon it shall be the_ duty of the city engineer to make and present to the Council a ,plat and survey of such proposed improvement, show- ing.the character, course and extent of the same and the property necessary to be taken or interfered with thereby, with the name of the owner of each parcel of such property so far as the engineer can readily ascertain the same, and such statement as may in the opinion of, the engineer be proper to explain such plat and survey and the character and extent of the pro- posed improvement, and his estimate of the cost of such improvement, and the City Council may cause such plat and survey to be modified, amended or changed as it may deem proper, and shall estimate and fix upon the cost of making such improvement. When such plat and survey shall be finally adopted by the City Council, it shall be filed with the city clerk, and it shall be held to show correctly the char- acter and extent of the improvement actually agreed upon and ordered by the City Council. Said plat shall also show the 'amount of land taken from each owner, so far as the owners maybe known, and the lands contiguous to or affected by such im- provement. The City Council shall then or afterwards appoint three freeholders of said city, no t*o of whom shall reside in the same ward, as commissioners, to view the premises and to ascertain and award the amount of damages and compensation to be paid to the own- ers of property which is to be taken or injured by such improvement, and to assess the_ amount of such damages and compensation and the expense of the improvement upon the lands 'and property to be bene- fitted by such improvement, and in proportion to the CHARTER OF TIIE CITY OF STILLWATER. 81 benefits to be received by'each parcel and without regard to a cash valuation. Two or more of such commissioners shall constitute a quorum, and be competent to perform any duty re- quired of such commissioners; and they shall be noti- fied of their appointment, and vacancies in their number be filled hi the same manner, and they shall take the same oath and be subject to the same penalty for refusal or neglect to attend, to be collected in the same way as is provided in the case of commissioners appointed under section four of this chapter. They shall give notice by two publications in the official paper of said city that such survey and plat is on file in the office of the city clerk, for the examination of all persons interested, and that they will on a day des- ignated in such notice, which shall be at least ten days after the first publication of such notice, meet at a place designated in said notice on or near the pro- posed improvement, and view the property proposed to be taken or interfered with for the purposes of such improvements, and ascertain and award therefor compensation and damages, and view the premises to be benefitted by such improvement, and assess thereon in proportion to benefits, the amount necessary to pay such compensation and damage and the cost of mak- ing the improvement, and they will then and there hear such allegations and proofs as interested persons may offer. And such commissioners shall meet and view the premises pursuant 'to such notice, and may adjourn from time to time, and, after having viewed the premises, may, for the hearing of evidence and preparation of their award and assessment, adjourn or go to any other convenient place in said city, anc4 may have the aid. and advice of the city engineer and of any other officer of the city. After viewing the 82 CHARTER OF THE CITY OF STILLWATER. premises, and hearing the evidence offered, such com- missioners shall prepare and make a true and impar- tial appraisment and award of the compensation and damages to be paid to each person whose property is to be taken or injured by the making of such improve- ment; but if the remainder of the same property, a part of which only is to be taken •or damaged by such iTn provement shall be benefitted by such improvement, then the commissioners, in considering and awarding compensation and damages, shall also consider, esti- mate and offset the benefits which will accrue to the same owner, in respect to the remainder of the same property, and award him only the excess of the com- pensation or damages over and above such benefits. The said commissioners shall then assess the amount of such compensation and damages so awarded, together with the expense and cost of mak- ing the improvements, upon the land and property benefitted by such proposed improvements, and in proportion to such benefits, but in no case shall the amount of said assessment exceed the actual benefit to the lot or parcel of land so assessed, deducting therefrom any damages or injuries to the same par- cels which are less than such benefits, and assessing only the excess, and prepare and report to the City Council their appraisement and award, and if in the judgment of said commissioners the whole amount of such compensation and damages, together with the cost of making such improvement, shall exceed the actual benefit to the specific property subject to assessment, they shall so indicate in their report, and 0-Ian state the amount of such. excess. Said commis- sioners shall also report to the City Council.an assess- ment list contaiping their assessment of such com- ,pensatipn, damages and cost, or, so, Bauch thereof as Ci1ARTL1i OF THE CITY 0t' 1 S1rTLLWATEIt. 83 shall not exceed the actual benefits to the property sb assessed, which list shall contain a brief description of each tract or parcel of property assessed, the, name or names of the owners thereof, if known, and the amount assessed, of the excess of such compen- sation, damages and costs" as aforesaid, which they shall return unassessed. Such report shall lie over until the next regular' meeting of the Council, which shall occur at least one week after the reception thereof, at which time, or at any meeting, the City Council may act upon such re- port and hear any complaint touching such award or assessment, or it may refer the matter to a committee of the Council to hear such complaints and report thereon. The Council may confirm such award and assessment, or either, or annul the same, or send the same back to the same commission for further consid- eration ; and the commissioners may in such case again, upon giving notice pubhshed once in the offi- cial paper of said city, meet at a time and place to be designated in said notice, which tune shall be at least two weeks after the publication of such notice, meet and hear any further evidence that may be adduced by interested persons, and may adjourn from time to time, and may correct any mistake in such award and assessment and alter and revise the same as they shall deem j Est, and again report the same to the City Council, who may thereupon confirm qr annul the same. Whenever the City Council shall confirm any such award and assessment, such confirmation shall make such award and assessment final and con- clusive upon all parties interested, except as is here- inafter provided, and the City Council shall proceed, at the same or any subsequent meeting, to levy such assessment upon the several parcels of land described 84 CHARTER OF THE CITY OF STILLWATER. in the assessment list reported by the commissioners, in accordance with the assessment so confirmed, and cause .to be made and adopted an assessment roll of the same, which may be in the following form, or in any other form thy Council may adopt : The City Council of the city of Stillwater doth hereby assess and levy upon and against the several lots and parcels of land below described, the respedtive sums of money set against each lot or parcel. This assessment is made to defray the compensation and damages awarded for the taking of, and injury to, private property, and estimated cost and improvement in and about the . . as shown on the plat and survey of the same on file in the office of the city clerk of said city. This levy is made conformably to the report and assessment of commissioners duly appointed to make such assess- ment, and in proportion to benefits from such im- provements to accrue to the parcels and not exceed- ing the benefits to the parcels so assessed. Name of Owner if known Description of Land. Lot Block. Amount. Dollars. Cts. Done at meeting of City Council, this aay of A. D. 188 Attest • City Clerk. ' Pres. of Council. SEC. 7. Objections to Award..b'treets—How Taken, —Appeal. Any person whose property is proposed td be taken, interfered with or assessed for benefits under the provisions of the last preceding section, and who deems that there is any irregularity in the CHARTER OF THE CITY OF STILLWATER. 85 prodeedings of the Council or action of the commis- sioners, by reason of which the report of the commis- sioners or award made by them ought not to be con- firmed, may, at any time before such award is con- firmed by the City Council, file with the city clerk, in writing, his objection to such confirmation, setting forth therein specifically the particular irregularities complained of and if, notwithstanding such objec- tion, the City Council shall confirm such award the person so objecting shall have the right to appeal from the order of the City Council confirming such award, to the district court of the county of Wash- ington, at any time within ten days after such order. Such appeal shall be made and all proceedings thereunder, had in the same manner as in case of ap- peals, provided for in section four hereof, and all the provisions of said section four respecting the taking of appeal, notices of appeal, bond, return of appeal to district court by the city clerk, proceedings in district court upon appeal and judgment therein and the ef- fect and penalty of such judgment and respecting costs shall apply to appeals taken under this action. Provided in all cases of appeals under this section, or section four hereof, when the amount of damages awarded or the amount of the assessments for bene- fits made is complained of the court or Judge thereof shall, in case the other proceedings appealed from are found to be regular, upon motion of the appellant ap- point a new commission consisting of three disinter- ested freeholders of said city, to re -appraise such dam- ages or assessment, who shall qualify as hereinbefore provided. In the order appointing such commission- ers the court or judge shall specify the first time and place of meeting of such, and the notice to be given 86 CHARTER OF THE CITY op STILLWATER. thereof, which shall correapcand as near as may be to the notice provided for herein to be given by commis- sioners appointed by the City Council. They shall hear the proofs submitted by all parties interested, and such commissioners shall in awarding damages and making assessments for benefits be governed by the same rules and regulations as are herein provided for the government and authority of commissioners appointed by the City Council, and the proceedings as near as may be shall conform thereto. The report of such commissioners shall be made to the court, and unless set aside by the court for good cause shown by either party the award or assessment of such commis- sioners made to said court shall be the final determi- nation of the amount of such damages or assessment of benefits. But said City Council shall have the right at any time within ten days after notice of such award to abandon the proceedings for such improvement if it shall consider the public good to requiie-such aban- donment. Such commissioners shall perfect and com- plete their award, and n4ake the same to the court with all convenient speed. Any vacancies occurring in said board of commissioners shall be filled by the court or judge thereof, and no person shall decline when appointed as hereinbefore specified to serve on said commission under a penalty of fifty dollars, to be collected in a civil action. All commissioners ap- pointed under the provisions of this chapter shall receive compensation at the rate of three ($3.00) dol- lars per day, to be paid by the said city. SEC. 8. Pavings and Gutters —Proceedings. When ever the City Council shall determine to cause to be paved, repaved, or macadamized any street, lane -or CHARTER OF THFi CITY OF $TI LWATFI$. 87 alley in said city, or any gutter or (gutters along any such street, lane or alley, or to lay, relay or extend any sewers in or through such streets, lanes or alleys or any portion thereof, it shall determine and designate in a general way as nearly as may be convenient, the character and extent of the improvements, and the materials to be used therein, and thereupon it shall be the duty of the city engineer to make, and present to the City Council an estimate of the cost of such im- provements stating therein the proportion of such esti- mated cost which will be required to construct such improvements in front of abutting lands, which costs shall not in case of sewers exceed the cost of ordinary sewers in front of such abutting lands, and the pro- portion thereof required to construct the same across streets, lanes and alleys, and in front of lands not subject to assessment ; also a list of the several lots and parcels of lands fronting upon such proposed im- provements with number of feet front of each extend- ing along such improvements, and the names of the owners of the several parcels as,near as the city engi- neer can readily ascertain the same ; a brief minute of the reception of such report shall be made and pub- lished in the record of the proceedings of the City Council, which shall be held to be sufl,cient notice to all persons concerned; and such report shall lie over without any assessment being made until the next reg- ular meeting of the City Council, which shall occur at least one week after the reception of such report ; but the City Council in its discretion may direct the city engineer to advertise for and receive in the meantime bids for doing the work and furnishing the material required to construct and complete such improve- ment, and report the same to the council at the meet- ing of the City Council to which such report is laid 88 CHARTER Off' THE CITY OP STILLWATER. over, or at any subsequent meeting the City Council may consider such estimate and list, and any further communications from the city engineer respecting the matter, and under such rules as it may make shall hear all persons interested in the matter of such improvements, who may desire to be heard, and the council may adhere to its resolution of making such improvements, or may modify the character of the same, or abandon it. If the City Council shall deter- mine to go on with such improvements whether mod- ified or not, it may either before or after having con- tracted for the construction of such improvements, estimate and fix upon the cost of such improvements, and the proportion or amount of such cost which is required to construct such improvement not exceed- ing in case of sewer the cost of an ordinary street - sewer when larger sewers are constructed, and it may assess and levy such proportion or amount of such cost upon the same lots and parcels of land upon the basis of An equal sum per front foot of each lot or par- cel, measuring along, the line of such improvements ; and the city council shall cause to be made, and shall adopt an assessment roll thereof, which may be in the following or any other form which the City Council may deem proper The City Council of the city of Stillwater doth hereby assess and levy upon and against the several lots and parcels of land below described, the respec- tive sums of money set opposite each lot or parcel. This assessment is levied to defray the expense of in the city of Stillwater along and said lots and parcels of land are assessed upon the basis of an equal sum per front foot along the line of such improvement. CHARTER OF THE CITY OF STILLWATER. 89 Name of Owner if known. Description of Land. Lot Block. Amount. Dollars. Cte. Done at meeting of City Council, this - day of .... A. D. 188.. Attest:. .... ...... City ,Clerk. Pres. of Council. SEc. 9. Assessment —When Remitted. The City Council, may, in its discretion, in case where any lot fronting on two streets has been previously assessed and the assessment paid for laying sewer pipes upon a different street from the one through which such proposed improvement is to be extended, remit from the assessment of such corner lot such portion of such second assessment, not exceeding the amount of assessment for a frontage of sixty-six feet, on each lot as it may deem just under all the circumstances of the case, but the discretion of the City Council in such matter shall be final and the refusal or failing of said Council to make such remission- shall not be a ground for setting aside such assessment in any court or proceeding. SEC. 10. Construction of Sidewalk When Owner Fails. Whenever the City Council shall have order- ed the construction of any sidewwlk, and the owners of the land along which such sidewalk is to,be built shall refuse or for the space of two weeks neglect to construct the same according to the order of the City Council, the city engineer shall report to the City Council a description of each lot or parcel of land along which such sidewalk has not been built, and his estimate of the cost of building such sidewalk along 90 CHARTER OF THE CITY OF STILLWATER. each of such lots and parcels, such estimates shall not be binding upon the City Council, but advisory merely, and the council may obtain any other infor- mation as to such cost, and the Council shall fix upon and designate the cost of building such sidewalk in front of, each lot and parcel of land, and thereupon the City Council shall assess and levy upon and against such lot and parcel of land so reported (after correcting mistakes, if any) along which such side- walk has not been built, such sum as will cover the cost of building such sidewalk along and fronting upon the same lots and parcels of land respectively, and cause to be made an assessment roll of the same, which shall be in the following form, or any other form which the City Council may adopt : The' City Council of the city of Stillwater Both hereby assess and levy upon and against the several lots and parcels of land below described, the respec- tive sums of money set against each lot or parcel The assessment is made to defray the cost of a sidewalk along the side of from . to in accordance with a resolution of the City Council, passed the ' day of A. D. 18 . , and duly published in the official paper of said city on the.... day of A. D. 18.... ; the amount assessed against and levied upon each lot or parcel being the amount necessary to build such sidewalk along and fronting upon the same lot or parcel of land. Name of Owner if known. Description of Land. Lot. Block. Amount. Doll's Cts CHARTER OF THE CITY OF STILLWATER. 91 Done at a meeting of the City Council this day of • A.D.188 ... ' Attest: Pres't of the Council. City, Clerk. SEC. 11. Assessments for repairs of sidewalk may be in the following form, or any other form which the City Council may adopt : . The City Couucil of the city of Stillwater doth hereby assess and levy upon and against the several lots and parcels of land below described, the respec- tive sums of money set against each lot or parcel. The assessment is made to defray the cost of repairs of sidewalks fronting upon each lot or parcel, which the respective owners have neglected to make, and which have been made by the street commissioner since the • day of , A. D. 18.... The amount assessed against and levied upon each of said lots and parcels of land, is the actual cost of the re- pairs of ,sidewalks abutting upon such lot or parcel, and so repaired by such commissioners. Name of Owner if known. Description of Land Lot. Amount. Block Doll's. Cts Done at a meeting of the City Council this day of A. D. 18.... Attest : • President of the Council. City Clerk. 92 CHARTER OF TEE CITY OF STILLWATER. SEC. 12. Assessments for sprinkling streets may be in the following form, or any other form which the City Council may adopt : The City Council of the city of Stillwater doth hereby assess and levy upon and against the several lots and parcels of land below described, the respec- tive sums of money set opposite each lot or parcel. This assessment is levied to defray the expense of sprinkling the streets fronting the said lots and par- cels of land, from . .A. D. 18 , [to A. D. 188 .. ,] according to a con- tract for sprinkling . . from .. to . . ... . for the term of . years from , and said lots and parcels of land are assessed upon the basis of an equal sum per front foot along the line of such improvement. Name of Owner if known. Description of Land. I Amount Lot. Block Doll's Cts. Done at a meeting of the City Council this day of A. D. 18.... Attest: President of the Council. City Clerk. SEC. 13. Proceedings When Court' Annuls Award. Whenever any portion of any award made by corn- missioners and confirmed by the Council, under the provisions of sections three, six, eight, or any other section or sections of this chapter shall be annulled by the court upon appeal, as hereinbefore provided CHARTER OF THE CITY OF STILLWATER. 93 for, the City Council may again appoint commission- ers to view the property which was affected by such appeal, and appraise and amend the compensation and damages to be paid for the taking or appropriation of the same, and the like proceedings shall be had so far as applicable, as is prescribed in the sections under which the same was originally done except that such commissioners shall make no new assessments of costs and expenses. They shall, however, in arriving at the compensation and damages to be awarded, take into consideration and offset any benefits which in their judgment the contemplated improvement will be to the remainder of the property, part of which may be taken or appropriated, and report their award to the City Council, whereupon the same proceedings may be had as far as applicable as upon an original award, and if such award shall again upon appeal be annulled by the court, still another commission may be appointed and award made in the same manner, and so on, until a valid award shall be made, but no new assessment for benefits shall be made merely by reason of any change in the amount of the sum awarded for compensation and damages, and any sum which may be lacking to pay the awards shall be paid from the current funds of said city. SEC. 14. Anewing Proceedings, and How. If any special assessment heretofore made by the City Coun- cil, or under its direction, to defray the expense of any local improvement has been or shall be, either in whole or in part, annulled, vacated or set aside by the judgment of any court, or if the City Council shall be satisfied that any suoh assessment is so irreg- ular or defective, that the same cannot be enforced and collected, or if the City Council shall have omit- ted to make such assessment at or before the making 94 CHARTER OF THE CITY OF STILLWATER. of such improvement when it might have done so, the City Council shall anew, or hereafter compute and determine upon the cost of making such improvement in a gross amount, upon such data as to it shall seem sufficient; and the City Council may then proceed to cause a new assessment of the cost of such local im- provements as to be made, either on the property front- ing upon such improvements, or on the property bone - fitted by such improvements, according to the char- acter of such improvements, following as near as may be the provisions of the city charter in force at the time of making such improvement in determining the property to be assessed and the form and manner of proceeding subsequent to the determination of the cost of the improvement, and in case such second as- sessment shall be annulled the City Council maypro- ceed to make other assessments until a vand assess- ment shall be made, but nothing in this section shall authorize any new assessment in cases where such court shall determine that the lots or lands are not subject to assessment. Whenever a new assessment is made, as provided in this section, the same may be collected under the provisions of this chapter. After such new assessment roll shall have been eompleted the city clerk shall note thereon against any piece of land upon which a former assessment for the same improvement has been paid, the words "paid on former assessment," which shall cancel such as- sessment on that parcel. SEC. 15. Recording Assessment Rolls. The city clerk shall record all assessment rolls of special as- sessments in books -to be by him kept for that purpose, and shall, on or before the first day of ,October of every year, deliver to the county auditor of said county of Washington all such assessment rolls there- CHARTER OF THE CITY OF STILLWATER. 95 tofore recorded, and the said county auditor shall ex- tend the assessments in proper columns against the property assessed, and such assessment shall be col- lected and the payment thereof with and in the like manner as State, county and other taxes are collected and the payment thereof enforced, and such assess- ments when collected shall be paid over by the county treasurer to the city treasurer of said city, together with all costs, penalties and interest collected thereon, at the time of making payment of city taxes to city treasurer. SEC. 16. Proceedings not Invalidated by Informali- ties or Irregularities. No omission, informality or irrregularity in proceedings in or preliminary to the making of any special assessment shall affect the validity of the same, where the assessment roll has been adopted by the City Council. And the assess- ment roll, and the record thereof kept by the city clerk, shall be competent and sufficient evidence that the assessment was duly levied and the assessment roll duly made and adopted, and that all other pro- ceedings antecedent to the adoption of such assess- ment roll were duly had, taken and performed, as required by this charter. And no failure of the city clerk to record the assessment roll, or to deliver the same to the county auditor on or before the time prescribed for such delivery, or to do any other act or thing of him required, shall in any way invalidate any assessment; and no variance from the directions herein contained, as to the form or manner of any of the proceedings, shall be held material, unless it be clearly shown that the party objecting was materially injured thereby; and unless such objections were taken at the time and in the manner prescribed in this chapter. 96 CHARTER OF THE CITY OF STILLWATER. SEC. 17. Collection of Assessment, When to Cease. New Proceedings, Payments ad interim. In case any special assessment shall in any suit where its validity shall be questioned, be adjudged invalid, the City Council may, in its discretion, notify the county auditor to cease the collection of the same, if it shall have been transmitted to him for collection, and may proceed anew by proceedings either as in case of an original special assessment for the same purpose, or by taking up the previous proceedings at any point, and may make and levy a new assessment in the place and stead of the assessment which shall have been adjudged invalid; and the city clerk before de- livering such new assessment to the county auditor for collection, shall ascertain and note thereon pay- ments which have been made on such invalid assess- ment for the same purpose, which notation shall can- cel the assessments as to the parcels and lots on which such payments were made to the extent of the payments. Such new assessments shall be collected in the same manner as original special assessments. Sjc. 18. Special Assessment, When Valid. Disposi- tion of Surplus. Abbreviations, ctc. No special assess- ment shall be questioned or held to be invalid because the amount of such special assessment shall happen to be either more or less than the amount of money actually required for the improvement for which such assessment shall be made. If the amount raised by such special assessment shall happen to be less than the amount required for such improvement, the bal- ance shall be paid from the current fund of the said city except in case of sewers; such balance shall be paid from the permanent improvement fund ; and if there shall happen to be any surplus from any such special assessment, the same shall be carried to the CHARTER OF THE CITY OF STILLWATER. 97 credit of the same fund, from which a deficiency would have been supplied or be otherwise disposed of, as to the City Council shall seem most just toward the persons upon whom such special assessment has been levied; and upon any assessment rolls or other papers made or used in any of the proceedings, it shall not be necessary that words shall be written out in full, but abbreviations, letters, figures and recognized characters may be used whenever their use shall be convenient, and no error or mistake as to the name of the owner of any property shall be regarded as ma- terial in any proceedings under this act. SEC. 19. Two-thirds Vote Required to Make Im- provements, Excepting in Case of Sidewalks. It shall require a two-thirds vote of the members elect of the City Council to determine, in the first instance, to make any improvement for which a special assessment may be levied except in respect to sidewalks, when a majority vote shall suffice. But this restriction shall not apply to any subsequent act of the council touch- ing such improvement, or the special assessment to provide means therefor. SEC. 20. Improvements Made by Contract —When Exception —Assessments, When Made. Any improve- ment, the means to make or construct which may be raised by special assessment, may be performed by contract let in the ordinary way, or directly by the city by the employment of labor and purchase of ma- terial, or in any other manner in which the City Council may deem proper in each particular case. And the City Council may, in its discretion, in any case, instead of causing the special assessment to be made, entirely upon estimates, as hereinbefore provi- ded for, wait until the letting of the contract for such improvement, or until such improvements shall be 98 CHARTER OF THE CITY OF STILLWATER. made, before determining and fixing upon the cost aiid expense of such improvement, and appointing commissioners to make the assessment. SEC. 21. Improvement, When Delayed —Expense, How Paid —Interest. The City Council may, at the time of ordering any improvement for which any as- sessment may be made, determine whether to proceed at once with such improvement or await the collec- tion of such assessment. In case it shall determine to proceed with such improvement, the money to de- fray the expense thereof shall be advanced out of the Permanent Improvement Fund of the city, or any other fund provided by law therefor In such case, there shall be added to the cost of such improvement interest at the rate of seven per cent. per annum from the time of the making of such improvement until the 31st day of May next ensuing, and such interest shall be included in such assessment and be collected as part of the cost of such improvement. SEC. 22. Money, How Kept —When Improvement to (o On. In case any assessment for improvement is collected before the making of such improvement, the money so collected shall be kept separate from the funds of the city and not devoted to any other pur- pose than such improvement, and as soon as a majori- ty of the assessments for such improvement are paid the City Council shall forthwith cause such improve- ment to be made. SEC. 23. Special Payment of Assessments. After any special assessment roll shall have been adopted by the City Council and before the same shall be de- livered to the county auditor for collection, any as- sessment thereon may be paid direct to the city treasurer of said city; and upon the production of CHARTER OF THE CITY OF STILLWATER. 99 the city treasurer's receipt therefor to the city clerk, he shall enter upon such assessment roll, opposite the assessment so paid, the words "paid to the city treas- urer," which entry shall cancel the assessment so paid. In case interest shall have been included in such assessment, so much of such interest as shall not have accrued on such assessment at the time of such payment, shall be deducted therefrom. SEC. 24. All Assessments Not to be Delayed, oc. Nothing herein shall interrupt or interfere with any assessments which have been heretofore made, but the collection thereof shall go on according to the provisions of the charter of said city in force at the time of making such assessments. SEC. 25. Lien Not to be Divested. No sale under execution or other proceedings upon a judgment, decree, foreclosure or lien, and no transfer or mort- gage shall divest or affect the lien of any assessment for any tax or for any improvements chargeable to or assessed against the property under this charter, al- though the 'confirmation of such assessment may be subsequent to the lien of such judgment, decree or other lien or to such transfer or mortgage. CHAPTER XI. MISCELLANEOUS PROVISIONS. SECTION 1. Ordinances and Resolutions to Continue in Force. All ordinances and resolutions heretofore made and established by the City Coula.cil of the city of Stillwater, and not inconsistent with the provisions 100 CHARTER OF THE CITY OF STILLWATER. of this act, shall remain in force except as altered, modified or repealed, and except such as may be here- after altered, modified or repealed by the City Council of the city of Stillwater; and all books or pamphlets published, or which may be published, purporting upon their title page to be published by the authority, or- der or direction of the' City Council, and purporting to contain the ordinances of said city, standing rules and orders of said City Council, or either, are hereby declared to be competent and prima facie evidence of the contents of such ordinances, standing rules and orders of any resolutions or other matters purporting to be the act of said City Council, which may be found printed therein, and of the due and legal adop- tion, approval and publication thereof, and the certifi- cate of the city clerk that any printed slip or paper to which such certificate may be attached, contains or is a true copy of any ordinance, resolution, pro- ceeding of the City Council or other paper, the origi- nal of which is presumably in the possession of said city clerk, shall constitute such printed slip of' paper competent and prima .facie evidence of the contents and purport of the ordinance, resolution, proceeding of the City Council or other paper, and of the legal passage, adoption, approval and publication thereof. SEC. 2. Compilation of Ordinances. The City Council may from time to time provide for the com- pilation and publication of the ordinances of the city, and such resolutions as may be designated, and for the distribution or sale of copies of such compilation in its discretion, and may also provide for exchange of such printed compilations for similar publications of other cities. SEC. 3. Inhabitants of City Not .Disqualified in Cases Where City is Party in Interest. No person CHARTER OF THE CITY OF STILLWATER. 101 Shall be an incompetent judge, justice, wiiness or ju- ror, by reason of his being an inhabitant of said city, in any proceeding or action in which the city shall be a party in interest. SEc. 4. City may Lease or Purchase Properly which shall be Exempt from Taxation. The said city may lease, purchase and hold real estate sufficient for the convenience of the officers and inhabitants thereof, and may sell and convey the same, and the same shall be free from taxation while so held by the city. SEC. 5. Charter Not Repealed by State Law. No law of the State contravening the provisions of this act shall be considered as repealing, amending or modifying the same unless such purpose be expressly set forth in such law. SEC. 6. Process, How Served Against City. When any suit or action shall be commenced against said city, the service thereof may be made by leaving a copy of the process by the proper officer with the mayor, and it shall be the duty of the mayor forth- with to inform the City Council thereof, or to take such other proceedings as by the ordinances or reso- lutions of said Council may have been in such case provided. SEc. 7. Actions to be in Name of City. All actions brought to recover any penalty or forfeiture under this act, or the ordinances, by-laws, or police, or health regulations, made in pursuance thereof, shall be brought in the corporate name of the city. SEC. 8. Prosecutions, How Instituted. In all pros- ecutions for any violations of this act, or of any by- law, or ordinance of the city of Stillwater, the first process shall be by warrant. Provided, That no war- 102 CHARTER OF THE CITY OF STILLWATER. rant 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 of the city of Stillwater, but the person or persons so arrested may be proceeded against, tried, convicted, punished, or discharged, in the same manner as if ar- rested by warrant. All actions brought to recover any penalty or forfeiture under this act, or the ordi- nances, by-laws, police or health regulations made in pursuance thereof, shall be brought in the corporate name of the city. SEC. 9. Imprisonment, When Allowed. In all ca- ses of imposition of penalty or fine, or the rendering of a judgment by the municipal court of said city, pursuant to any statute of the State of Minnesota, or pursuant to any ordinance or by-law of the said city of Stillwater, as a punishment for any offense or for the violation of any by-law or ordinance, as afore- said, 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 Washington county, and there be imprisoned for a term not exceeding three months, in the discretion of said court, unless the said fine or penalty be sooner paid, and from the time of the ar- rest of any person or persons for any offense what- ever, until the time of trial, the person or persons so arrested may be imprisoned in the city prison, or in case there be no such prison, in the common jail of Washington county. SEC. 10. City Not Liable for Board of Prisoners in State Cases. The city of Stillwater shall not be liable in any case for the board or jail fees of any per- son who may be committed by any officer or magis- trate of the city to the jail of Washington county under the State laws. CHARTER OF THE CITY OF STILLWATER. 103 SEC. 11. No Penalty to be Remitted Without Vote of Two-thirds of City Council. No penalty or judg- ment recovered in favor of said city shall be remitted or discharged, except by a vote of two-thirds of the members of the City Council; but nothing in this section shall be so construed as to prohibit the judge of the municipal court from granting new trials or reversing any judgment rendered by him according to the usual proceedure of courts, nor to prohibit said court from suspending execution of sentence, in its discretion. SEc. 12. No Public Property to be Disposed of Without Authority from the City Council. No city officer, or employee of the city, shall sell, dispose of, or convert to his own use, any city property in his charge without special authority from the City Council. SEC. 13. Official Paper, How Designated. The City Council shall at its first meeting in April of each year, or as soon thereafter as may be, cause the city clerk to advertise in the official paper of the city, for one week, for sealed proposals for publishing in some weekly newspaper, which shall have been printed, published and of general circulation in said city at least six months prior to the making of such propo- sals, the ordinances, official proceedings of the Coun- cil and other matters required in the charter or the ordinances and resolutions of the city to be pub- lis ied in a public newspaper, such proposals to state the price per inch for the first insertion and for each additional insertion of all matter so to be published, said proposals to be marked "Proposals for Adverti- sing," and addressed to the City Council, which pro- posals shall be opened at the next meeting of the Council and the contract for such publishing awarded 104 CHARTER OF THE CITY OF STILLWATER. to such weekly newspaper bidding the lowest there- for, which paper shall be declared the official paper of the city; Provided, that in determing which is the lowest bidder of the newspapers conforming thereto, regard may be had to the character and value thereof as a medium for advertising and for placing before the tax payers of said city, and all persons interested therein, the matters herein provided to be advertised, and for the purpose of determining such character and value the City Council may require of the parties making such proposals such showing of the extent and character of the circulation of such newspaper and other facts connected therewith, as it may deem expedient, and in case any two bids are the same the Council may by vote select one of such papers; Pro- vided, further, that the Council may reject all such proposals and adopt such other method of publishing such matter as it may in its discretion determine. Provided, further, that the proprietor or proprietors of such paper shall enter into a written contract for the performance of the duties required of such pro- prietor or publisher, and give bond in the sum of five hundred dollars, with two satisfactory sureties to be approved by the Council conditioned for the faithful performance of such contract. The weekly newspa- per so designated shall be and remain the official paper of said city, and the contract and bond afore- said shall remain in force, for the term designated, and until the City Council shall designate another paper as the official paper of the city. SEC. 14. Affidavit of Publication. The publisher or publishers of said official paper, immediately after the publication of any notice, ordinance or resolution, which by this act is required to be published, shall file with the clerk of the city a copy of such publication, CHARTER OF THE CITY OF STILLWATER. 105 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 evi- dence of the pubhcation of such notice, ordinance or resolution. SEc. 15. Proposals and Contracts for Job Printing. The City Council shall, at its first annual meeting in each year, or as soon thereafter as practicable, cause its city clerk to advertise in the same manner as here- inbefore prescribed in section fourteen, for sealed pro- posals for doing the job printing of said city; said bids to state the price per 1,000 ems for composition, the price per pound for paper and the price per token for press work ; which said bids shall be marked "Pro- posals for Job Printing," and addressed "To the City Council of the City of Stillwater," and opened at its next meeting, and the contract awarded to the lowest responsible bidder. Provzded; That the City Council may reject all such proposals and adopt such other method for printing such matter as it may in its discretion determine — due regard being had to the facilities of the bidder to satisfactorily perform the work. Provided, always, That such lowest bidder shall enter into a written contract for the performance of such job printing, with like bonds and sureties as specified in section fourteen of this chapter, for the faithful performance of such contract. SEC. 16. Charter to be Publzc:Law. This City Charter shall be a public act and need not be pleaded or proved in any case. 106 CHARTER OF THE CITY OF STILLWATER. CHAPTER XII. MUNICIPAL COURT. SECTION 1. The Court of record heretofore estab- lished in the City of Stillwater, called. "Municipal Court," is hereby continued for the transaction of all business which may lawfully come before it. SEC. 2. Clerk —Seal —Jurisdiction of Court. Said Court shall have a clerk and a seal, and shall have in addition to the jurisdiction and powers, now conferred by the general laws of this State, upon justices of the peace, and the powers conferred by this charter, cognizance of, and jurisdiction to hear, try and de- termine civil actions or proceedings where the amount in controversy does not exceed five hundred dollars, or where in case the action is for the recovery of per- sonal property, the value of such property as alleged in the complaint, or answer, does not exceed five hundred dollars : Provided, however, that such cog- nizance and jurisdiction shall only extend to actions of the same nature and character, save as to amount, now or hereafter cognizable before a justice of the peace : and provided further, that where a counter- claim in excess of five hundred dollars over plaintiff's claim, or where any equitable defence or ground for equitable relief, of a nature not cognizable before a justice of the peace, is interposed, or where it appears that the title to real estate is involved, the said court shall immediately cause an entry of the fact to be made of record, and cease all further proceedings in the cause, and certify and return to the district court of the county of Washington a transcript of all en- tries made in the record relating to the case, together with all process and other papers relating to the suit, CHARTER OF THE CITY OF STILLWATER. 107 in the same manner and within the same time as upon an appeal from justice's court; and thereupon the said district court shall proceed in the cause to final judgment and execution, according to law, the same as if the said suit had been originally commenced in said court, and the costs shall abide the events of the suit, except that the plaintiff shall advance the costs of the said municipal court in the suit. SEC. 3. There shall be elected at the general city election, in the year one thousand eight hundred and seventy-six, in said city, and every second year there- after, a suitable person, with the qualifications here- inafter mentioned, to the office of judge of said court, to be called "municipal judge," who shall hold his office for the terra of two years, and until his succes- sor is elected and qualified. In case of any vacancy in the office of municipal judge, occurring after such election in the year one thousand eight hundred and seventy-six, the governor of the state of Minnesota shall appoint, to fill the vacancy, some person quah- fied as hereinafter mentioned, who shall hold his office until his successor is elected and quahfied. At the next annual city election, occurring more than thirty days after a vacancy in said office shall have happened, a judge of said court, qualified as afore- said, shall be elected for the full term, and until his successor is elected and qualified. In case the said vacancy shall have occurred within a period of thirty days before the general city election, then the said judge shall be elected at the general city election in the year following that in which the vacancy shall have happened, for the said full term, and until his successor is elected and qualified. SEC. 4. Every judge of said court shall be a resi- dent of the city of Stillwater, and a person duly ad- 108 CHARTER OF THE CITY OF STILLWATER. mitted to practice as an attorney iti the courts of this state; and before entering upon the duties of his office he shall take and subscribe an oath as prescribed by the General Statutes for judicial officers, which oath shall be filed in the office of the city clerk of said city. The judge of said municipal court shall have the general powers of judges of courts of record, and may administer oaths, take and certify acknowl- edgments, in all cases, and, as conservator of the peace, shall have all powers and authority which is by law vested in justices of the peace, or any other judicial officer. SEC. 5. The city ,' clerk of said city shall be ex officio clerk of the said municipal court. Such -clerk, before he enters upon the duties of his office, shall take and subscribe an oath to support the constitu- tion of the United States, and of the State of Minne- sota, and to faithfully and honestly discharge and per- form the duties of his office,and shall execute to the city of Stillwater a penal bond, in such sum and with such sureties as the council shall direct and approve, condi- tioned that he will account to and pay over to the treas- urer of said city, on the first Monday of every month, all fines, penalties, fees, and other moneys belonging to or to go to said city, which may have come into his hands during the month next preceding; and that he will at all times pay over to all other persons, on de- mand, all moneys to which they may be entitled, which inay have come into his hands in virtue or by reason of his office. Such oath and bond shall be filed in the office of the treasurer of said city. Such clerk shall have power to appoint, subject to the approval of the judge, a deputy clerk, with the like powers of the clerk, for whose acts the said clerk shall be re- sponsible. CHARTER OF THE CITY OF STILLWATER. 109 SEC. 6. The municipal court shall have full power and authority to issue all process, civil and criminal, necessary or proper to carry into effect the jurisdic- tion given to it by law, and its judgments and other determinations. And it shall have and possess all the powers usually possessed by courts of record at com- mon law, subject to modifications of the statutes of this state applicable to courts of record, except that it shall not have jurisdiction to issue writs of habeas corpus, quo warranto, ne exeat, mandamus, prohibi- tion or injunction. It shall also have all the powers and jurisdiction conferred on justices of the peace by chapter eighty-four, General Statutes, and the pro- ceedings shall be the same as therein provided, except that no appeal shall be allowed except to the supreme court. All process shall be tested in the name of the judge, and issued under the seal of the court, and signed by the clerk, who shall be styled "clerk." And the forms of process may be prescribed by the court, by rule or otherwise, and any form so prescribed shall be valid and sufficie it, and such forms may be changed by the court from time to time. In the ab- sence of such prescribed form, the forms of process in use, either in courts of record in this state, or by justices of the peace, may be changed and adapted to the style of the court, and used at the discretion of the court or clerk. Process may be directed for ser- vice, to any police officer of the city of Stillwater, or to the sheriff or any constable of said county, and may be served the same as a summons in the district court, and service by publication may be ordered and made in like manner. SEC. 7. The said municipal court shall be held in the city [of] Stillwater, at some suitable place, to be provided therefor by the city council. Its judge shall 110 CHARTER OF THE CITY OF STILLWATER. be' the chief magistrate of the city, and shall see that the criminal laws of the state, and the ordinances, laws, regulations and by-laws of said city, are ob- served and executed, and for that purpose shall open his court every morning, (Sundays and legal holidays excepted,) and proceed to hear and dispose of, in a summary manner, all cases which shall be brought before him by the police officers of the city, or other- wise, either with or without process, for violation of the criminal laws of this state, committed within the county of Washington, or of the ordinances, laws, regulations or by-laws of said city. The clerk of the court shall keep a record of all proceedings, and enter all orders, judgments and sentences, under the super- vision of the judge, and issue commitments and exe- cutions as well as all other process. SEC. 8. The clerk of the municipal court shall have the custody and care of all the books, papers and records of said court. He shall be present, by himself or deputy, at all trials, unless absent from sickness, or by consent of the, judge ; and in case of the absence of both clerk and deputy, the judge may appoint some person temporarily to the position. He may swear all witnesses and jurors, and administer all oaths and affidavits, and take acknowledgments. He shall keep minutes of all proceedings, and enter all judgments, and make up and keep the records of the court, under the direction of the judge, and, when the judge is not present, adjourn the court from day to day. He shall tax all costs and disbursements al- lowed in any action, subject to review by the judge, and do all other things and acts necessary or proper to the enforcing and carrying out the jurisdiction of the municipal court. He shall receive and collect all fines, penalties and fees of every kind accruing CHARTER OF THE CITY OF STILLWATER. 111 to the court, or 'any officer thereof, including police officers, and keep full, accurate and detailed accounts of the same; and shall, on the first Monday of every month, deliver over to the city treasurer of the city of Stillwater, moneys so received, with detailed ac- counts thereof, and take his receipt therefor. SEC. 9. The municipal court shall hold regular terms for the trial of civil actions, on the first and third Tuesdays of every month, which terms shall continue from day to day, with such adjournments as to the court may seem proper, until the business of each term shall be finished; and the court may by order or rule appoint such terms to be held oftener, or upon other days, than the days above mentioned. All civil actions for the recovery of money only shall be commenced by summons or by writ of attachment, to be issued by the clerk. The form of the summons may be as follows : State of Minnesota, Municipal Court, County of Washington, SS. City of Stillwater. The State of Minnesota, to any police officer of the city of Stillwater, or the sheriff or any constable of said county : You are hereby commanded to summon if .. shall be found within the county of Washing- ton, to be and appear before the municipal court of the city of Stillwater, at a terra thereof to be holden on Tuesday, the day of A. D at the opening of the the Court, and answer to whose complaint is on file in said court, and have you then and there this writ. The amount claimed by the plaintiff in said complaint is the sum of dollars and cents, and interest thereon from and since the day of A. D. 18 at the rate of .per cent per annum. Witness the Honorable , Municipal Judge, this . day of A. D. 18 [L. s.] . Clerk of the Municipal Court. 112 CHARTER OF THE CITY OF STILLWATER. The summons may be served by any indifferent per- son. Or the summons may be in any other form which the court may by rule prescribe, and shall be served upon the defendent at least six days before the term at which the same is made returnable. No summons shall issue until the complaint in the action shall be made and filed with the clerk. The complaint may be presented in writing, to be filed, or may be made orally, and reduced to writing by the clerk. If the defendant fail to appear at the opening of the, court on the day at which the summons is returnable, he shall be defaulted; if,he so appear, 'he , shall then, or at such time as the court may designate, answer the plaintiff's complaint; and if the answer contain a a counterclaim, the plaintiff shall reply, thereto forth- with, or at such time as the court may designate. The answer or reply may be presented in writing, or made orally, and reduced to writing by the clerk, and each of such pleadings shall be verified by the party, or his agent or attorney, as in courts of justices of the peace. Either party may demur to any pleadings of his adversary, or in the district oourt, but all plead- ings in this court shall be construed liberally. ' And the court may, for good ,cause, in its discretion, and and on such terms as it may deem equitable, open any default within six months after the 'same is made, and may allow any amendment of any pleading, at any time, and shall disregard variance between the alle- gations of a pleading and the evidence, unless satis- fied that the adverse ' party is prejudiced thereby. Either party shall be entitled to a continuance of any civil action, except in the case of proceedings under the provisions of chapter eighty-four, General Stat- utes of Minnesota, until the next term of the court following the term at which the summons shall be re- CHARTER OF THE CITY OF STILLWATER. 113 turnable: and further continuance may be granted upon sufficient cause shown, and on such terms as may be just. Said court shall also have authority to provide by rule that the plaintiff in any civil action shall, by bond, recognizance, or deposit of money with the clerk, give security for costs, in such sum as the court may designate by such rule, before any summons or other process shall issue in the action, or at any other time. The counterclaim in the de- fendant's answer may be such a one as could be inter- posed in the district court. SEC. 10. Any creditor desiring to proceed by at- tachment in said court shall, by himself, his agent, or attorney, make and file his complaint in writing, to- gether with an affidavit similar to the affidavit re- quired by law in an application for a writ of attach- ment in justice's court, and also cause to be filed a bond with sufficient surety to be approved by the judge, and similar to the bond required on a like application in justice's court, except that the limit of liability thereon shall be mentioned therein as not exceeding three hundred and fifty dollars. The writ of attach- ment may be in form as follows: State of Minnesota, City of Stillwater, County of Washington. ss. Municipal Court. The State of Minnesota to any police officer of the city of Stillwater, or to the Sheriff or any consta- ble of said county: You are hereby commanded to attach the goods, chattels, moneys, effects and credits of . or so much thereof as shall be sufficient to satisfy the sum of .. . . . . dollars, with interests and costs of [suit] such, in whosesoever hands or posses- sion the same may be found, in said county of Wash- ington, and so provide that the same may be subject 114 CHARTER OF THE CITY OF STILLWATER. to further proceedings as the law requires; and also to summon . ... the said . if to be found within said county, to be and appear before the municipal court of the city of Stillwater, at a term thereof to be holden on the ... day of . A. D. 18 at the opening of the court, and answer to .. whose complaint is on file in said court, in a civil action; and have you then and there this writ. Witness the honorable Municipal Judge, this day of A. D. 18 Clerk of the Municipal Court. Or the writ may be in any other form that the court may by rule prescribe, and shall in all cases be re- turnable as an ordinary summons. In all other re- spects the service of the writ, and other proceedings thereon, shall be similar, as near as may be, to the service of such writ and proceedings in justice court . provided, however, that in all cases where such writ shall be served on the defendant, personal judgment may be- entered in said action, whether property be actually attached by virtue of said process, or not. SEC. 11. When the object of an action is to re- cover the possession of personal property, the plain- tiff, his agent or attorney, shall make and file his complaint in writing, together with an affidavit simi- lar to the affidavit required in a justice court in a like action. The plaintiff, or some person on his behalf shall execute a bond with surety, to be approved by the judge, conditioned similar to bonds in such ac- tions in justice court, and file such bonds and an ac- tion may be maintained upon such bonds as upon similar bonds filed in like actions in justice courts. CHARTER OF THE CITY OF STILLWATER. 115 The clerk shall thereupon issue the writ, which may be in form as follows: State of Minnesota, City of Stillwater, County of Washington, SS. Municipal Court. The State of Minnesota to any police officer of the • city of Stillwater, or to the sheriff or any consta- ble of said county : Whereas, complains that has become possessed of, and unjustly detains from the said the following described goods and chattela, that is to say, (describing the ar- ticles with reasonable certainty, and stating their alleged value) : Therefore you are hereby commanded that you cause the same goods and chattels to be re- plevied without delay, and delivered to said . . and to summon the said if to be found within said county, to be and appear be- fore -the municipal court of the city of Stillwater, at a term thereof to be holden on the day of . . . . A. D. 18 at the opening of the court, and answer to whose complaint is on file in said, court, in a civil action; and have you then and there this writ. Witness the Honorable Municipal Judge, this day of A. D. 18 Clerk of the Municipal Court. Or the writ may be in any other form that the court may by rule prescribe. The writ shall be served, and all proceedings thereunder had, in the same manner (except as to times and forms of pleading and trial) as upon similar proceedings in justice court. But the officer executing the writ shall retain the proper- ty taken under it in his own custody for three days before delivering the same to the plaintiff, and if, 116 CHARTER OF THE CITY OF STILLWATER. within that time, the defendant, or some one in his behalf, shall execute to the plaintiff a sufficient bond, .with one or more sureties to be approved by the judge, conditioned ass in like cases in the district court, and file such bond, the clerk shall thereupon issue an order to the officer to redeliver such property to the defendant. SEC. 12. The clerk of the court shall, prior to each term of the court, make up a callendar of the causes which will come up for trial, or for any disposition before the court at such term', adopting such arrange- ment as the judge may direct; and the court shall direct the order of the trial, and other disposition of causes. SEC. 13. Trial by jury may be had in the muni- cipal court as in courts of justices of the peace, and the jury shall be selected in the same manner as in justice's court, and venires therefor be issued by 'the clerk, and talesmen may be selected in the usual man- ner; but no person shall be compelled to serve as a juror in said court oftener than once in each month, nor shall any person who has served as a juror in said court be eligible as a juror or talesman in any cause that may be tried. in said court within one month thereafter, if objected to by either party. Three per- emptory challenges of talesmen may be made by either party. The jury shall take the same oath which is prescribed for jurors in the district court, and the respected functions of judge and jury, upon the trial of causes, shallbethe same as in district court, and exceptions to the rulings and decisions of the judge, and his charges and refusals to charge, may be taken as upon trials in the district court. Where no other provisions are otherwise made in this act, said munici- pal court is vested with all the powers which are pos- CHARTER OF THE CITY OF STILLWATER. 117 sessed by the district courts in this state ; and all laws of a general nature apply to the said municipal court, so far as the same can be made applicable, and not inconsistant with the provisions of this act. Jurors in said municipal court shall be entitled to one dollar in the trial of civil actions per day, to be collected and paid in the same manner as in justice's courts; but the party demanding a jury in any civil action shall be required to advance the jury fee of one dol- lar for each juror, before the jury is sworn. Jurors in criminal cases shall be entitled to like fees as jurors in civil cases, which said fees shall be taxed as a part of the costs in the case. SEC. 14. Title eighteen of chapter sixty-six of the General Statutes, relative to trial by referees, title nineteen of the same chapter, relative to exceptions, and title twenty of the same chapter, relative to new trials, shall apply to [the] said municipal court. Dis- bursements shall be allowed the prevailing party in said municipal court, and costs, to be taxed forthwith without notice ; such costs shall be as follows : To the plaintiff upon a judgment in his favor, five dol- lars; to the plaintiff, upon a judgment in his favor, upon a trial on the merits, where the amount thereof, or the value of personal property recovered, exclusive of disbursements, exceeds fifty dollars, an additional five dollars; to the defendant, when judgment is ren- dered in -his favor on the merits, after trial of an issue of fact, five dollars; and if the amount of money or value of property claimed in the complaint exceeds fifty dollars, an additional five dollars. Appeals from this court shall be in all cases to the supreme court, where they he in similar cases from judgments and orders of the district court. 118 CHARTER OF THE CITY OF STILLWATER. SEC. 15. No judgment rendered in said municipal court shall attach as a lien upon real estate until a transcript thereof shall be filed in the district court, as hereinafter provided; but writs of execution there- on in civil actions may issue, upon. entry of judgment, against the goods and chattels of the judgment debt- or, returnable within thirty days. Judgment may be stayed in this court the same as in justices' courts. Every person in whose favor a judgment is rendered in said municipal court for an amount exceeding ten dollars, besides cost, may, upon paying the fee there- for, and all unpaid fees payable to the clerk in such action, demand, and shall receive from such clerk, a transcript of such judgment, duly certified, and file the same in the office of the clerk of the district court of the county of Washington, who shall file and docket the same as in the case of transcripts of judg- ment from courts of justices of the peace, and every such judgment shall become a hen upon the real estate of the debtor from the fihng of such transcript, to the same extent as a judgment of the said district court, and shall thereafter, so far as relates to the enforcement of the same, be exclusively under the control of said district court, and carried into execu- tion by its process, as if rendered in said district court. The clerk of said municipal court shall not issue such transcript while a writ of execution is in the hands of an officer and not returned or lost, and shall note on the record of such judgment the fact that such transcript has been given, and shall not thereafter issue any writ of execution on the same judgment, but may at any time give to the same party, or his representatives, a new transcript of such judgment, in the case of the loss of the transcript first given. CHARTER OF THE CITY OF STILLWATER. 119 SEC. 16. Proceedings against garnishees may be instituted in the same manner as in justices' courts; but the summons may be served either by an officer or any indifferent person, at any place within the state of Minnesota; and the summons may be made returnable at any term of said municipal court which may be named therein, not less than six days; and the notice required to be served on the defendant in the action may be signed either by the clerk of said court, or the person who served the garnishee sum- mons, or by the plaintiff or his attorney The dis- closure of the garnishee may be taken, and all further proceedings had, in the same manner as if the pro- ceedings were in the district court. SEC. 17. Complaints in criminal cases, where the defendant is not in custody, may be made to the court while in session, or to the judge or clerk when not in session, and shall be made in writing, or reduced into writing by the judge or clerk, and sworn to by the complainant, whether the offence charged be a viola- tion of the criminal laws of the state, or of the ordi- nances, regulations or by-laws of said city; and the clerk, as well as the judge, is hereby made a conser- vator of the peace, and vested with the same author- ity, discretion and power to act on receiving com- plaints, and issuing the warrants of said court in criminal cases. And complaints, warrants, and other process in criminal cases, may follow substantially the same forms heretofore in use by the justices of the peace or the city justice, with such alteration as may seem convenient to adapt the same to the style of said municipal court, or may be in such other form as the court may prescribe, sanction or approve. In cases where alleged offenders shall be in custody, and brought before the court or the clerk without process, 120 CHARTER OF THE CITY OF STILLWATER. the'clerk shall enter upon the•records of the court a brief statement of the offence with which the defend- ant is charged, which shall stand in place of a com- plaint, unless the court shall direct a formal com- plaint to be made; the plea of the defendant shall be guilty or not guilty; in case of failure to plead, the clerk shall enter a plea of not guilty. and a former acquittal or conviction for the same offence may be proved under that plea as well as if formerly pleaded. In the examination of offenders charged with indicta- ble offences, the judge shall keep minutes of the ex- amination and the clerk shall make the proper return to the court before which the party charged with the offence may be bound to appear. SEC. 18. The salary of the judge of said court shall be fixed by the city council, at the beginning of each term, which shall not be less than one thousand ($1,000) dollars, nor greater than two thousand ($2,000) dollars per year ; provided, that the salary of the present judge for the last year of his present term shall be fifteen hundred ($1,500) dollars; and the clerk of said court, a salary of six hundred dollars per year, exclusive of his salary as city clerk, payable from the city treasury of Stillwater, in monthly in- stalments; and neither the said judge, clerk or dep- uty clerk shall receive any other fee or compensation for his services; but in all proceedings had in said municipal court, like fees shall be charged and col- lected by the clerk, as costs, as are allowed by law to justices of the peace in proceedings and upon trials before them, or for similar services. Police officers of said city are hereby vested with all the powers of constables under the statutes of Minnesota, as well as at common law; and police officers, in making ser- vice of any process, or doing other duty in respect to CHARTER OF THE CITY OF STILLWATER. 121 causes in said court, shall note, and return to the court for collection, such fees as are allowed to constables for the like services in justices' courts; and all fees, whether so charged by the clerk or any police officer, whether due from the county on pre- hminary examinations, or otherwise, shall be collec- ted by the clerk as costs, and by him be accounted for and paid over to the city treasurer of said city, as hereinbefore provided for. SEC. 19. It shall be the duty of the mayor and chief of pohce of said city to see that a sufficient number of pohce officers are always in attendance upon said court, and in readiness to obey its man- dates and serve its process, and preserve order in the proceedings. Police officers of said city shall hereaf- ter receive for their services no other compensation than the salary paid them by Said city, except as oth- erwise provided in this act [to which this is amenda- tory;] and if any fee shall be paid to any police officer for any service, he shall forthwith pay the same over to the clerk of said municipal court, for the use of said city; and a failure to do so shall be a misde- meanor, punishable by fine not exceeding one hun- dred dollars, or by imprisonment not exceeding thirty days. The mayor of said city shall have the power, in his discretion, to appoint one or more persons, ap- proved by the municipal judge, as policeman for spe- cial attendance and duty in said court, irrespective of the general or special rules, or legal regulations and enactments, relative to the qualifications of po- licemen; but such persons shall receive the same, but no greater compensation, unless the council direct greater compensation, as ordinary police; and all po- licemen attending said court may be required to give bonds to said city, in such sum as the council shall 122 CHARTER OF THE CITY OF STILLWATER. direct, for the performance of their duties, for the use of all persons interested : provided, however, that the above shall not affect the powers and duties of the general police in said court. - SEC. 2Q. There shall be one special judge of said municipal court, whose manner of election, term of office, power and duties shall be the same as those of municipal judge, except as otherwise provided in this act; and their successors shall be elected, and vacan- cies in their offices filled, in like manner. In case of a press of business in said court or at the request of the municipal judge, or in case of the [unavoidable and necessary] absence or sickness of the municipal judge, on the request of the mayor or acting mayor of said city, the said special judge shall act as judge of said court; and when the special judge so acts at the request of the municipal judge, the said special judge and the municipal judge shall each have and exercise the powers of said court. If, on the return of the process, or at any time before the trial com- mences, in any action or proceeding, civil or criminal, either party shall make it appear by affidavit that the judge is a material witness in the case, or shall make it appear by affidavit that, from prejudice or other cause, that he has good cause to believe that the judge will not decide impartially in the matter, and shall, before making of the transfer as hereinafter provided in all civil actions, deposit with the clerk the sum of four dollars, as payment of one day's sal- ary of said special judge, the said municipal judge shall forthwith turn over the said cause, with all the papers and records therein, to the said special judge, who shall thereafter act as judge in said case, with full powers as court; said special judge shall not act on the trial or examination of any case, or otherwise, CHARTER OF THE CITY OF STILLWATER. 123 except as above provided; and any special judge, act- ing as judge of said court, shall receive compensation at the rate of four dollars per day, the same to be paid by the city of Stillwater, and deducted from the salary of the municipal judge, except when the same shall be for services performed by the said special judge when the said municipal judge in necessarily and unaavoidably absent or sick, or when the said special judge is called in to assist the said municipal judge during an unusual press of business, in which case the said special judge shall be paid by the city, and the same shall not be deducted from the salary of the municipal judge. This section shall not inca- pacitate any special judge from acting as an attorney in any case or proceeding in said court; but when such j Jdge is acting as judge of said court, he shall take no action in said case, save to adjourn the same. Noth- ing in this chapter shall be construed to prohibit the judge of this court from practicing as an attorney in any court in this state save said municipal court. SEC. 21. The city attorney of the city of Stillwa- ter shall have charge of the prosecution of all crimi- nal cases before said municipal court not indictable, and the county attorney of the county of Washington shall act in the prosecution of offenders charged with indictable offences, when so required by law 'to prose- cute before justices of the peace. SEC. 22. The clerk of the Municipal court shall, under the direction of the judge, and with the con- sent of the city council of said city (unless otherwise provided,) from time to time procure and furnish all the necessary blanks, stationary, record -books, court- room, jury -room and office furniture, lights and fuel, for the use of the court and the officers thereof, at the expense of the said city. 124 CHARTER OF THE ,CITY OF STILLWATER. SEC. 23. All causes and proceedings pending be- fore justices of the peace within the said city, at the time of the passage of this act, shall forthwith by said justices be transferred to said municipal court, with all papers and records concerning the same; and said municipal court shall take cognizance of such causes and proceedings, and proceed therein as if the same were originally commenced in said municipal court. And the dockets, records, files and papers in the custody of any and all, justices of the peace -of said city shall at once be transferred and turned over to the said municipal court, which shall have full jur- isdiction to finish and complete all proceedings pend- ing before any justice of the peace, and to enforce, by execution or otherwise, all judgments theretofore rendered by justices of the peace within the present city of Stillwater; and such judgments shall stand on the same footing as judgments of said municipal court. And from and after the passage of this act, no justice of the peace within the city of Stillwater shall issue any process, or take cognizance of any ac- tion or proceeding, civil or criminal; but the jurisdic- tion of said municipal court shall, within said city, be exclusive in all causes heretofore cognizable before the city justice, except that this clause shall not affect the jurisdiction of any court of record having general jurisdiction such as is conferred on the dis- trict court. SEC. 24. The term of office of each justice of the peace now existing in said city shall cease at the end of the two years for which he was elected, and shall not continue until his successor is elected and qualified.. The said municipal court shall have the custody and possession of all dockets, records, files and papers of all justices in said city whose terms have expired, CHARTER OF THE CITY OF STILLWATER. 125 except where the same are lawfully in the possession of existing justices; and each justice in said city, upon the termination of his office as herein provided for, or other termination of his office, shall forthwith transfer all pending cases, and all dockets, records, files and papers in his custody, to the said municipal court, which shall have full jurisdiction to finish and complete all proceedings pending, when transferred, before any justice of,the peace, and to enforce by ex- ecution or otherwise, all judgments existing on such dockets thus transferred, or in his possession, of such court; and such judgments shall stand on the same footing as judgments of the said municipal court. The jurisdiction of said municipal court shall, within said city, be exclusive in all causes hereafter cogniza- ble before justices of the peace, save as above except- ed as to existing justices during their present terms of office, and except that this clause shall not affect the jurisdiction of any court of record having general jurisdiction, such as is conferred upon the district court. SEc. 25. Where any transfer of any action before a justice of a peace now existing in said city is made under section eighteen of chapter sixty-five of the General Statutes, such transfer, with all papers apper- taining to the action, shall be made to the said muni- cipal court, and not to another justice; and the said municipal court shall thereupon proceed to hear and determine the said action, and act thereupon in the same manner as if the same had been originally com- menced therein. SEC. 26. All appeals hereafter taken from , the judgment of any justice of the peace now existing in said city, shall be taken to the said municipal court, 126 CHARTER OF THE CITY OF STILLWATER. and not to the district court; and title eleven of chapter sixty-five, as amended, shall, save as [to] the court to which the appeal is to be taken, apply to the .said appeal, and, as far as applicable, to the said mu- nicipal court in becoming possessed of any proceed- ing upon said appeal, and in all other respects.. SEC. 27. In all criminal cases tried in said court, in which the defendant shall be convicted, the clerk shall tax, as costs of court, and, if not paid, judgment shall be entered therefor against the defendant, in the following sums, viz : In cases where no warrant is issued, and the defendant upon being arraigned, shall plead guilty, two dollars. In cases where war- rant shall be issued, and the defendant upon arraign- ment, pleads guilty, two and one-half dollars. In cases whom the defendant shall plead not guilty, and shall be tried before the court, five dollars. In cases where the defendant shall plead not guilty, and be tried before a jury, ten dollars. Said sums respec- tively to be in addition to all costs of witnesses, ju- rors, and other costs taxed in said actions, or either of them. SEC. 28. In all examinations held by or before said court, to enquire of offences of which said court shall not have final jurisdiction, the clerk shall tax, as costs of said court for making each examination, the same fees as are now allowed to justices of the peace for similar services, and fifty per cent. addi- tional thereto. SEC. 29. The plaintiff, upon making his complaint in all civil actions, shall pay to the clerk of said court one dollar for each one hundred dollars or fraction thereof claimed in the complaint. S'Ec. 30. The territorial jurisdiction of said court shall be equal to and co -extensive with that of justices of the peace under the general laws of the state. CHARTER OF THE CITY OF STILLWATER. 127 SEC. 31. All acts and parts of acts heretofore passed for the incorporation of the city of Stillwater, and amendatory thereto, not necessary to carry out any provision of this act, nor contained in, or in- corporated herein, and all acts inconsistent with this act, are hereby repealed; but the repeal of such acts, and parts of acts shall not in any manner affect, in- jure or invalidate any bonds, contracts, suits, claims or demands that may have been duly and lawfully issued, entered into, commenced, or that may exist under and by virtue, or in pursuance of the said acts, or any of them, but the same shall exist and be en- forced and carried out as fully and effectually to all intents and purposes, as if this act had not been passed. And all ordinances, resolutions, regulations, rules, by-laws, and orders of the city council of said city or of the board of health of said city, or parts thereof, not repealed, suspended, or made void by this act, shall continue and remain of the same force and effect as if this act had not been passed, until altered, amended, repealed or suspended by the city council or by said board of health, in pursuance of this act. And said city council may make, ordain and publish such ordinances as may be necessary to carry out the provisions of this act, not inconsistent with the constitution and laws of this state. ' SEC. 32. This act is hereby declared to be a public act, and may be read in evidence in all courts of law in this state without proof. SEC. 33. This act shall take effect from the pas- sage thereof, and the legislature may alter or repeal the same at any time. APPROVED, MARCH 7TH, A. 1). 1881. County: City of Stillwater Book: Charter and Ordinances of the City of Stillwater Volume: 1881 Page Number: 128 Page(s) was not present in the document at the time of scanning, and therefore they were not scanned. KOFILE TECHNOLOGIES, INC LAWS AND ORDINANCES. 129 AN ACT FOR THE ESTABLISHMEMT AND BETTER REGITLATION OF THE COMMON SCHOOLS IN THE CITY OF STILLWATER. Be it enacted by the ,Legislature of the State of Min- nesota : SECTION 1. Declared to be a School District. That the city of Stillwater is hereby ^declared to be a school district and body corporate by the name and style of "The Stillwater City School District in the County of Washington," and by such name may contract and be contracted with, sue and be sued, in any of the courts of this state having competent jurisdiction and in its corporate name shall hold the title of all lands and other property now held or which may hereafter be acquired for school district purposes in such district. Sec. 2. Officers —Compensation of Officers. The officers of said district shall constitute a Board of Education for said city, and shall consist of five mem- bers, one of whom shall be the mayor of the city and ex-officio President of the Board : the other four shall be elected on the last Saturday of March, next after the paseage of this act, two of whom shall hold their office for two years, and two for one year, and annu- ally thereafter, upon the last Saturday of March, there shall be elected two members who shall hold their office for two years. No member shall be enti- tled to receive any compensation for his services, ex- cept the Clerk and Superintendent, whose compensa- tion. shall be fixed by the Board. 130 LAWS AND ORDINANCES. SEC. 3. Vacancy —How filled. In case of vacancy the Board of Education shall have power to fill the same until the next annual district election, when the electors of said city may choose a suitable per- son to fill the remainder of such term, Provided, the Clerk of said Board shall give notice of such vacancy prior to such election as may be required in other cases. SEC. 4. Quorum —First meeting of Board. The Board of Education, three members of which may form a quorum, may meet from time to time, at such place in said city as they may designate. A majority of the members present at their first meeting, which shall be annually upon the next succeeding Saturday after the district election, may choose one of their number Clerk and one Treasurer. SEC. 5. Power of Board of Education. The Board of Education shall have hill power and authority,' and it shall be their duty to purchase, lease or erect such school houses as may be necessary, to keep the same in repair, to furnish fuel and all things neces- sary for the school house during the time a school shall be kept therein, and apply for and receive from the County Treaserer, or other officers, all moneys appropriated for the common schools and district li- brary of said city, and designate a place where the libary may be kept therein. The said Board of Edu- cation shall also have full power and authority to make by-laws and ordinances relative to making all ne- oess°ary reports, and transmitting the same to proper officeis as designated by law, so that said city may be entitled to its proportion of the common school fund; relative to the visitation of schools; relative to the length of time schools shall be kept, which shall not LAWS AND ORDINANCES. 131 be less than three months in each year; relative to - the employment of teachers, their powers and duties ; relative to the regulation of the schools, and the books to be used, and the course of study to be pur- sued therein; relative to the appointment of neces- sary officers, and prescribe their powers and duties; relative to anything whatever that may advance the interest of education, the good government and pros- perity of common schools in said city, and the wel- fare of the public concerning the same trot inconsis- tent with the present school law. SEC. 6. Schools free. Hereafter all schools organ- ized in said city in pursuance of this act, shall, under the direction and regulation of the Board of Educa- tion, be public and free to the children residing with- in the limits thereof, between the ages of five and twenty one years, inclusive, subject to such rules and limitations as the Board may establish. SEC. 7. Duties of Clerk — Special Meetings: It shall be the duty of the Clerk of said Board, in addi- tion to the duties which may be prescribed by the Board, to record the proceedings of the district meet- ings in a book provided for that purpose by the dis- trict; he shall enter therein all copies of his re- ports made to the county auditor, State Superintend- ent, or other officer, -as required by law; keep and preserve all records, books and papers belonging to his office, and deliver the same to, his successor in office; also, to give at least ten days' notice of each annual or special district meeting, by posting up three notices thereof in conspicuous places in the district : Provided, that the clerk of pchool district No. 9, in• the county.of Washington, shall call the first meet- ing under this act in the manner above specified. 132 LAWS AND ORDINANCES. Every notice for a meeting shall set forth all the ob- jects for which said meeting was called. Special meetings may be called on the order of the Board. of Education, or by the written request of five or more freeholders or householders of the said district. SEC. 8. Duty of Treasurer. It shall be the duty of the treasurer of said Board of Education to re- ceive and pay out all moneys apportioned to or be- longing to the district, and to keep an accurate ac- count of the` cornrnon school fund and the district fund raised by tax, and he shall execute a bond to the district in double the amount of money, as near as it can be ascertained, which will come into his hands as treasurer during the year, with sufficient security, to be approved by the Board, conditioned for the faithful discharge of his duties. Such bond. shall be filed with the clerk of the Board, and in case of any breach of any condition thereof, the said. Board shall cause a suit to be commenced thereon, in the name of the district, and the money, when col- lected, shall be applied to the use of the district. SEC. 9. .Powers of voters when assembled. The le- gal voters of said district, when lawfully assembled, not less than ten being present, shall have power by a majority of the votes of those present : 1. To appoint a moderator. 2. To adjourn from time to time. 3. To elect members of the Board of Education iii accordance with the provisions of the second sec- tion of this act. 4. To designate a site for a school house. 5. To vote an amount of money to be raised by a tax upon the taxable property of the district, suffi- cient, with the apportionment of the coingnon school fund, to support a school the length of time voted by LAWS AND ORDINANCES. 133 the district; to purchase or lease a sight for a school house; and to build, hire or purchase such school house when the same shall be necessary; to keep in repair and provide the same with the necessary fur- niture and appendages; to procure fuel, and to pur- chase or increase a library and school apparatus; Provided, That the Board of Education shall have power to levy a tax sufficient to support a school three months in a year without any vote of the dis- trict; And provided further, That the legal voters inay vote to have a school any length of time more than three months. 6. To repeal or modify their proceedings from time to time. SEC. 10. Taxes —how collected. All tares raised by virtue of this act• shall, be levied and collected in the same manner, and by the same persons as county taxes are levied and collected. SEC. 11. Repeal of inconsistent acts. All acts and parts of acts inconsistent with this act, are here- by repealed, so far as they relate to the city of Still- water. SEC. 12. Affected by subsequent acts. This act shall not be repealed or affected in any manner by any subsequent act, unless specially mentioned or named therein. SEC. 13. When to take effect. This act shall take effect and be in force from and after its passage. Approved, February 28, 1863. AN ACT TO AUTHORIZE THE STILLWATER CITY SCHOOL DISTRICT TO ISSUE BONDS FOR THE PURPOSE OF ERECTING SCHOOL HOUSE, AND PURCHASING SITE FOR SAME. Be it enacted by the Legislature of the State of Min- nesota: SECTION 1. Authorized to issue school bonds. That the board of education of the Stillwater City School 134 LAWS AND ORDINANCES. District are hereby authorized and fully empowered to issue bonds of the said Stillwater school district to an amount not exceeding' eighteen thousand dollars, for a term not to exceed fifteen years from the date of their issue, in sums of five hundred dollars each, with interest not exceeding ten per cent. per annum, which bonds,\ with coupons, shall be signed by the president of said board of education and countersign- ed by the clerk; Provided, That nothing herein con- tained shall be construed to authorize the issue of such bonds unless a majority of the' legal voters pres- ent and voting thereon shall vote in favor thereof at .the annual or special meeting of the legal voters of said school district. SEC. 2. Bonds not to be sold under par. No bonds issued under the authority of this act shall be so is- sued or negotiated by said board of education for less than par value, nor shall said bonds or the proceeds thereof be used or appropriated for any purpose what- ever, other than the purchase of a site for, and in the erection, completion and furnishing of a school House, or school houses, with their appurtenances, in and for said city; Provided, That seven thousand five hun- dred dollars of the amount authorized by this act shall be exchanged for bonds of similar amount issued by the board of education of Stillwater city school dis- trict under the act of February 28, 1866, "entitled an act to authorize the trustees of the several organized school districts of this State, or those that may be hereafter organized, to issue school district bonds." SEC. 3. Authority to levy tax for interest and prin- cipal. Said board of education and their successors are hereby authorized, and it is hereby made their duty, on or before the first day of September next after the date of said bonds, and each and every year LAWS AND ORDINANCES. 135 thereafter, on or before the first day of September, until the payment of said bonds and inter€st are fully provided for, to levy, and in ,due form to certify to auditor of the county in which said district is situated, a tax upon the taxable property of said district equal to the amount of interest annually accruing, and after the expiration of nine years from the date of the issue of said bonds, an additional tax shall be levied in like manner sufficient to pay $3,000 of the principal; and so on from year to year the same amount shall be levied until the entire $18,000 be provided for SEC. 4. This act shall take effect and be in force from and after its passage. Approved March 1, 1867. AN ACT TO AMEND SECTION ONE OF AN ACT ENTITLED " AN ACT FOR THE ESTABISHMENT AND BETTER REGULATION OF THE COMMON SCHOOLS IN THE CITY OF STILLWATER," APPROVED FEBRUARY 28, 1863. Be it enacted by the Leyzslature of the State of 11Tin- nesota: SECTION 1. Amendment relating to corporate names and powers. That section one of the act for the es- tablishment and better regulation of the common schools in the city of Stillwater be so amended as to read: That the city of Stillwater is hereby declared to be a school district and body corporate by the name and style of " Stillwater city school district, in the' county of Washington," and by such name may contract and be contracted with, sue and be sued in any of the courts of this State having competent juris- diction, and in its corporate name shall hold the title of lands and other -property now held, or which may hereafter be acquired for school district purposes in 136 LAWS AND ORDINANCES. such district; and the president of said board of edu- cation may execute deeds of conveyance and acknowl- edge the same in the ordinary form, and do all other things,necessary to convey title to such lands as the said board of education shall determine to sell. SEC. 2. This act shall take effect and be in force from and after its passage. Approved March 7, 1867. AN ACT TO AUTHORIZE THE BOARD OF EDUCATION OF THE STILLWATER CITY SCHOOL DISTRICT TO ISSUE BONDS. Be it enacted by the Legislature of the State of Min- nesota: SECTION 1. Authorized to issue school bonds. [Amended —see next ' page,} That the Board of Education of the Stillwater City School District, are hereby authorized and fully empowered to issue bonds of said school district to an amount not ex- ceeding eight thousand dollars, for a term no ex- ceeding ten years from the date of their issue, in sums of not less than fifty dollars each, with nterest not exceeding twelve per cent. per annum, which bonds, with interest coupons attached, shall be signed by the President of said Board of Education and coun- tersigned by the Clerk thereof. SEC. 2. Not to be sold for less than par. No bonds issued under the authority of this act, shall be nego- tiated for less than par, nor shall the same, nor the proceeds thereof, be used for any other purpose than the building and furnishing a school house within and for said district. SEC. 3. Authority to levy tax for interest and principal. Said Board of Education and their suc- cessors are hereby required, on or before September first in each year, to levy and in due form to certify- LAWS AND ORDINANCES. 137 to the Auditor of Washington county, a tax upon the taxable property of said district, sufficient to pay the principal and interest falling due on the bonds issued in pursuance of this act during the year then next en- suing. SEC. 4. This act shall take effect and be in force from and after its passage. Approved March 5, 1869. AN ACT TO AMEND SECTION ONE OF CHAPTER EIGHTY-SEVEN, OF THE SPECIAL LAWS OF ONE THOUSAND EIGHT HUNDRED AND SIXTY- NINE IN REGARD TO STILLWATER SCHOOL DISTRICT BONDS Be it enacted by the Legislature of the State of Min- nesota. SECTION 1. That section one, of chapter eighty- seven, of the special laws of one thousand eight hun- dred and sixty-nine, be and the same is hereby amend- ed so as to read as follows: SEC. 2. Amendment increasing amount of bonds to be issued. That the Board of Education of the Still water City School District are hereby authorized and fully empowered to issue bonds of said school district to an amount not exceeding twelve thousand dollars, for a term not exceeding ten years from the date of their issue, in sums of not less than fifty dollars each, with interest not exceeding twelve per cent. per an- num, which bonds, with interest coupons attached, shall be signed by the President of said Board of Edu- cation and countersigned by the Clerk thereof. Approved January 27, 1870. 138 LAWS AND ORDINANCES. AN ACT TO AUTHORIZE THE CITY COUNCIL OF THE CITY OF STILL - WATER TO ISSUE ITS BONDS, TO BUILD OUT, AND CONSTRUCT A LEVEE IN FRONT OF BLOCKS NOS 18, 27 AND 28, IN IN SAID CITY, AND TO ERECT AND CONSTRUCT A CITY HALL Be it enacted by the Legislature of the State of Min- nesota: SECTION 1. Authorized to issue city bonds for levee and city Ball. The City Council of the City of Still- water is hereby authorized and- empowered to issue bonds of said city to an amount not exceeding twenty thousand dollars, bearing interest not to exceed ten per cent. per annum, and for a time not less than twenty years, which bonds so issued shall not be sold at less than par, and shall be -for the sole purpose of raising money to be expended in constructing a levee, at some point to be hereinafter determined by the said City Council, between the north line of block number eighteen, and the southeastern extremity of block number twenty-eight, of said city, as the same was surveyed and platted by Harvey Wilson, Esq., surveyor, and filed in the office of the Register of Deeds, In and for the County of Washington, Minne- sota, on the twelfth day of September, A. D. eighteen • Hundred and forty-eight, and in erecting and con- structing a City Hall for the use of said City of Still- water. SEC. 2. How Signed and issued. ' The bonds issued under and by virtue of this act, shall be signed by the Mayor of said city, and countersigned by the Re- corder, under the corporate seal of said city, and shall be in sums of not less than one hundred dollars each, with interest 'payable semi-annually, at such place as the City Council may determine. LAWS AND ORDINANCES. 139 SEC. 3. May employ an agent to negotiate the bonds. The City Council may, at any regular meeting, direct by resolution, the Mayor to sign, and the Recorder to countersign, the whole amount of bonds authorized to be issued by this act, br such part thereof as the City Council may determine, and the City Council may authorize or employ a suitable person to negotiate the bonds so directed to be issued, and to place the proceeds in the Treasury of said.city; but before such person shall receive said bands or be entrusted with them for negotiation, he shall execute his bond to the city with good and sufficient security, in the penal sum of double the amount of the bonds so to be en- trusted to him at any one time conditioned for the faithful performance of his duties, and strict account- ability for all moneys received by him from the sale of said city bonds, which bonds shall be approved by the City Council, and filed with the Treasurer of said city. The City Council shall fix, by resolution,. the compensation of such person; Provided, however, he shall not receive, including all expenses, to exceed one per cent. on the amount of city bonds negotiated by him. SEc. 4. Bonds to be used only for the purposes ex- pressed. It shall not be lawful for the City Council of said city to pay out or expend in any way the money raised by the city from the sale of said bonds, except in the manner, and for the purpose named. in this act; nor shall the funds thus raised be subject in any way to the payment of any claim against the said City of Stillwater, except as herein provided. SEC. 5. Provisions for payment of interest and principal. To secure the punctual payment of the interest and principal of the bonds provided for in this act, all receipts for wharfage shall be applied ex- 140 LAWS AND ORDINANCES. elusively to the payment of such interest; And pro- vided further, That if such receipts of wharfage shall exceed the amount necessary for the payment of the interest as aforesaid, the excess of receipts thus ac- cruing shall be used in redeeming the bonds of the city issued by virtue of this act, or invested in State or United States stocks, and shall constitute an invio- lable sinking fund for the payment of the principal; And provided further, That in case such receipts for wharfage shall be insufficient to pay the interest. ac- cruing on the bonds so as aforesaid issued, together with an amount equal to one -twentieth of the amount of said bonds, then the City Council shall have power, and it shall be their'duty to assess and collect an an- nual tax upon the personal property and real estate within the limits of said city sufficient to pay any de- ficiency in interest that may be due on such bonds, an amount to constitute a sinking fund equal to one - twentieth of the amount of said bonds so issued, which sum shall be invested in accordance with the provisions of this bill. -GEORGE BRADLEY, Speaker of the House of Representatives. WILLIAMVI HOLCOMBE, President of the Senate. Approved, August eleventh, one thousand eight hundred and fifty-eight. HENRY • H. SIBLEY. SECRETARY'S OFFICE, Minnesota, August 11th, 1858. I hereby certify the foregoing to be a true copy of the original on file in this office. FRANCIS BAASEN, Secretary of State. LAWS AND ORDINANCES. 141 AN ACT TO AUTHORIZE THE CITY COUNCIL OF THE CITY OF STILLWATER TO ISSUE BONDS TO FUND THE FLOATING INDEBTEDNESS OF SAID CITY Be it enacted by the Legislature of the State' of Min- nesota: SECTION 1. Bonds to fund the floating debt. The city council of the city of Stillwater, in the county of Washington, State of Minnesota, is heieby authorized and'empowered to issue the bonds of said city in sums of not less than fifty ($50.00) dollars each, to an amount in the aggregate not exceeding the sum of five thousand ($5,000,00) dollars, and running not more than ten years with interest payable annually at the city treasury upon the presentation of the corres- ponding interest coupons at a rate not exceeding seven per cent. per annum. Said bonds shall be styled the Stillwater city bonds, and shall be signed by the mayor of said city, and countersigned by the recorder, and their date, amount, number, time of payment, and to whom issued, shall be recorded by the re- corder in a book to be kept by him for that purpose. SEC: 2. Provisions for the exchange of orders and, certificates for bonds. No bonds shall be issued under this act, except for the purpose of funding the floating indebtedness of said city, and to that end whenever the owner and holder of any city orders of said city, to the amount of fifty ($50.00) dollars or more, or of any city certificates issued in accordance with the resolution of said city council, adopted' September 11, 1858, shall apply to the city council, to exchange such orders of city certificates for the bonds author- ized by this act, the said city council may, by resolu- tion, authorize the mayor and recorder to issue to such person the bond or bonds of said city, as pre- scribed by section one of this act, in an amount equal 142 LAWS AND ORDINANCES. to the face of said city orders or certificates, and said bond or bonds shall be delivered to the person enti- tled to receive the same, upon his surrendering to the city council the amount of city orders or certificates for which such bond or bonds are issued, and the said city orders and city certificates so surrendered, shall be by said city council forthwith cancelled and de- stroyed. SEC. 3. Provision for payment of interest and prin- pal. It shall be the duty of the city council of said city, and they are hereby authorized and empowered to cause to be levied in each year in addition to the tax levied for general city purposes, a tax upon the, taxable property of said city, sufficient to pay all interest which may accrue during said year upon any bonds issued in pursuance of this act, and also such amount of the principal as may fall due within the, year. SEC. 4. - All moneys accruing from the collection of the tax mentioned in the preceding section shall be applied to the payment of the principal and inter- est of the bonds issued under this act, and in no other way, until said bonds shall be fully paid. SEC. 5. This act shall take effect and be in force from and after its passage. Approved March 9, 1867. AN ACT TO LEGALIZE CERTAIN BONDS ISSUED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, TO PAY BOUNTIES TO SOLDIERS TO FILL THE QUOTA, UNDER THE CALL OF DECEMBER 192s, 1864 Be it enacted by the Legislature of the State of Min- nesota : SECTION 1. :Bounty bonds legalized. That the bonds issued by the city council of the city of Still- water, to pay bounties to soldiers to fill the quota, LAWS AND ORDINANCES. 143 under the call of December 19, 1864, and which bonds "were so issued pursuant to an order of the city coun- cil made on the 13th day of March, 1865, be and the same are hereby legalized and made valid, and the levy and collection of a tax for the _payment of the principal and interest of said bonds shall be legal and binding upon said'city, the same as if the issue of said bonds had been fully authorized by law, and said tax shall be collected • in the same manner as other city taxes are now collected. SEC. 2. This act shall take effect and be in force from and after its passage. Approved March 1, 1867. AN ACT TO AUTHORIZE THE CITY OF STILLWATER TO ISSUE BONDS IN AID OF THE CONSTRUCTION OF THE ' STILLWATER AND ST PAUL RAILROAD Whereas, The common council of the city of Still- water by an ordinance heretofore duly passed, agreed to issue to the Stillwater and St. Paul Railroad Com- pany the bonds of said city, to the amount of twenty- five thousand dollars, which ordinance was duly passed on the eighth day of May A. D. one thousand eight hundred and sixty-nine, and which said ordi- nance is as follows, to -wit : COUNCIL Room, MAY 8th, 1869. AN ORDINANCE RELATIVE TO GRANTING AID TO TIIE CONSTRUCTION OF A RAILROAD BETWEEN STILLWATER AND ST. PAUL VIA WHITE BEAR LAKE Be it ordained by the City Council of the City of Still- water, as follows : SECTION 1. The faith of the city of Stillwater is hereby pledged to the Stillwater and St. Paul Rail- 144 LAWS AND ORDINANCES. road Company,' that said city shall and will issue and donate to said railroad company, the sum of twenty- , five thousand dollars, in the coupon bonds of said city, bearing interest at seven per cent. per annum, payable semi-annually, and the, principal , payable twenty years after the date thereof, and such bonds to be dated, issued and delivered to said com- pany, as soon as a railroad is completed so as to fur- nish continuous railroad communication between Stiltwater and St. Paul via White Bear Lake. The above ordinance was passed and adopted by the following vote: Councilman Bronson voted - - Aye. Councilman Rhodes voted - - Aye. Councilman Moffat voted - Aye. Mayor Holcomb voted - - Aye. Recorder Ellis voted Aye. And also on the same day adopted a resolution, which is as follows, to wit : Resolved, That this council will petition the legis- lature of the State of Minnesota at its next session, to pass an act authorizing the issuance of • such bonds, or legalizing them if issued, and', will use all honorable means to carry out the said agreement on the part of the city of Stillwater in good faith. Therefore — Be it enacted by the Legislature of the State of Min- nesota SECTION 1. Bonds for Stillwater and St. Paul Railroad authorized. That the said ordinance and proceedings of said common council be and the same are hereby confirmed and legalized, and held obliga- tory upon said city, and said railroad company, and LAWS AND ORDINANCES. 145 that it shall be the duty of the recorder of said city - to cause to be prepared bonds of said city, payable to said company or bearer at the agency of said com- pany, in the city}of New York, of the denomination of one hundred dollars each, with interest coupons attached, interest at the rate of seven per cent per annum, payable semi-annually at the place aforesaid, the principal of said bonds to become due and payable in twenty years from the date thereof, such bonds to, bear date of the time and date at which said railroad shall be completed from the depot of said company, in said city of Stillwater, to the junction of said rail- road at or near White Bear Lake, with the Lake Su- perior and Mississippi Railroad, and whenever said railroad shall be so as aforesaid completed, with the cars running thereon, then it shall be the duty of the mayor of said city to sign the said bonds, and of the recorder thereof to attest the same, and cause 'the seal of the said city to be affixed thereto, and when so executed and sealed, the same shall be obligatory upon said city; and shall thereupon be delivered to said railroad company or its order, and that it shall thereupon become the duty of the common council of said city to cause a tax to be levied upon the taxable property of said city annually, sufficient inamount to pay the interest upon said bonds as the same shall become due and payable, and to provide a sinking fund to meet the principal of said bonds, and that the faith of said city of Stillwater shall stand pledged for the punctual payment of said interest and principal as in said bonds provided. Provided, how-, ever, That said bonds shall not be delivered to said company until said railroad. from Stillwater to White Bear Lake shall be completed, with the cars running thereon. SEC: 2. This act to take effect and be in force from and after its passage. Approved March 4,1870. 146 LAWS AND 'ORDINANCES. AN ACT AUTHORIZING THE CITY OF STILLWATER TO ISSUE ITS BONDS TO AID IN THE CONSTRUCTION OF A RAILROAD BRIDGE Be it enacted by the Legislature of the State of Min- nesota : , SECTION 1. Bonds for a railroad bridge authorized. The city council of the city of Stillwater are hereby authorized and fully empowered to issue the bonds of said city under its corporate seal to an amount not exceeding twenty-five thousand dollars, in aid of the construction of a railroad bridge across Lake St: , Croix, at said city of Stillwater; said bonds to be issued in sums of not less than five hundred dollars each, and to bear interest at the rate of seven per cent. per annum, payable semi-annually in the city of New York, or at such other place as said city council may determine, and to be specified in interest • coupons attached to said bonds; the principal to be payable in twenty-five years from the date of issue. Such bonds shall be• signed by the mayor and recorder of said city, and shall bear date of the time when such railroad bridge shall be completed; and the same when so executed, sealed and delivered to the company or companies constructing said bridge shall be obligatory upon said city council of said city to cause an annual tax to be levied upon the taxable property of said city sufficient in amount to pay the interest upon said bonds as the same shall become due and payable, and to provide a sinking fund to meet the principal of said bonds, and the faith of the said city of Stillwater shall stand pledged for the payment of said interest and principal as in said bonds specified. Provided, That none of said bonds shall be delivered until said railroad bridge is completed. The proposition to issue said bonds shall be submitted to a vote of the electors of said city at the next city election, and for • LAWS' AND ORDINANCES. 147 voting for or against the said proposition the words, "for the issue of city bonds to build bridge --yes," or"for the issue of city bonds to build bridge —no," shall be written or printed, or partly printed and partly writ- ten upon the ticket of each voter, and if, upon an official canvass of said votes in the manner provided by law for the canvass of votes for city officers, a ma- jority of said voters who shall have voted upon'said proposition are found to have voted in favor of such proposition, the -said city council is hereby au- thorized to issue bonds as provided in section one of this act. SEC. 2. This act shall take effect and be in force from and after its passage. Approved March 2, 1871. AN ACT TO PERFECT AND LEGALIZE THE PLAT OF THE CITY OF STILL - WATER, IN THE COUNTY OF W iSHINGTON, AND STATE OF MINNESOTA Be zt enacted b.l the Legislature of. the State of 1112n- - - nesota • SECTION 1. Plat legalized. That the city council of the city of Stillwater be and is hereby author- ized and empowered to cause the plat of said city of Stillwater, as surveyed by Harvey Wilson, Esq., and .recorded in the office of the register of deeds for the (then county -of -St. Croix, Territory of Wisconsin,) now county of Washington, State of Minnesota, on the twelfth day' of September, one thousand eight hundred and forty-eight, to be perfected by extend- ing upon the same all the line`s"of ,the United States government survey of public lands, pertaining to the territory composing said city of Stillwater, with said .lines properly designated upon said perfected plat: . 148 LAWS AND ORDINANCES. SEC. 2. Initial points. And said city council is further authorized to cause such initial points as they may designate by resolution to be established and laid down upon such perfected,plat. SEC. 3. Plat to be recorded. And be it further enacted, that said plat so perfected as above stated, may be recorded in the office of the register of deeds, in and for said county of Washington, as of the date of the original record of said plat, and such record shall be notice to all persons of the location of said city of Stillwater, and such perfected plat so recorded is hereby declared to be the legal and valid plat of the'city of Stillwater, and the same and the records thereof shall have the same force and effect as if the same had been in all respects made, executed, certi- fied, acknowledged and recorded, as required by the statute at the time of the original making and record- ing of said plat, _and all conveyances, contracts, or - other instruments heretofore made, executed or re- corded, referring to the plat of said city of Stillwater, shall be construed to refer to the same according to such perfected plat and the record thereof. SEC. 4: This act shall take effect from and after its passage. Approved March 4, 1868. AN ACT TO LEGALIZE THE ACTION OF CITY COUNCIL, OF THE CITY OF STILLWATER IN RELATION TO A CERTAIN BURIAL GROUND OF SAID CITY, AND TO AUTHORIZE THE REMOVAL OF REMAINS INTERRED THEREIN Be it enacted by the Legislature of the State of Min- nesota: SECTION 1. Action relating to interments legalized. That the action heretofore taken by.the city council LAWS AND ORDINANCES. 149 of the city of Stillwater, in the county of Washington, in compelling the discontinuance of interments in block number three of said city, and in providing for the removal of remains of persons interred therein,ishereby legalized and made valid; and that the said city council be and they are hereby authorized and empowered to compel the removal of all such remains from said block; and all such remains as shall not be removed from said block by relations or friends, after due and reasonable notice in the public newspapers of said city, may be removed by and at the expense of said city, and re -interred in such other cemetery or ceme- teries in the vicinity of said city, as the said city coun- cil may select, due care being taken to properly mark and designate the place of burial of all such persons as can be in any manner identified or known; and the said city council are hereby authorized and empower- ed to purchase in the name of said city, a suitable lot or lots in one or more cemeteries in the vicinity of said city, for the re -interment of such remains. SEC. 2. This act shall take effect and be in force from and after its passage. Approved March 4, 1873. AN ACT TO AUTHORIZE THE CITY OF STILLWATER TO ISSUE ITS BONDS FOR THE PURCHASE OF PARK GROUNDS, AND IMPROVEMENTS OF SUCH GROUNDS Be it enacted by the Legislature of , the State of Min- nesota. SECTION 1. Bonds ' for park grounds. The city council of the city of Stillwater, in the State of Min- nesota, are hereby authorized to issue the bonds of said city to an amount not exceeding six thou- sand dollars, bearing' interest at a rate not exceeding 150 LAWS AND ORDINANCES. ten (10) per cent. per annum, and to be payable fifteen (15) years from the date of issue, which bonds shall be styled Stillwater Park Bonds, and shall be for the sole purpose of raising money to be expended in the purchase of grounds for a public park, and the laying out, improving and beautifying such grounds, and for the laying out, opening and grading of a public driveway around Lilly Lake, being in said city of Stillwater and adjoining the contemplated park grounds. SEC. 2. The bonds issued under and by virtue of this act, shall be signed by 'the mayor of said city, and countersigned by the clerk, under the corporate seal of said city, and shall be in suins of not less than one hundred dollars each, with interest coupons at- tached, such interest to be payable semi-annually at such place as the city council may'designate. SEC. 3. Tax to be levied, for interest and principal. To secure the punctual payment of the interest and principal of the bonds provided for in this act, the city council "of 'said city shall have power, and it shall be their duty to assess and collect an annual tax upon the real estate and personal property within the limits of said city subject to taxation, sufficient in amount to pay the interest upon said bonds as the same shall become due and payable, and to provide a sinking fund for the payment of the principal, and the faith of said city of Stillwater" shall be pledged for the pay- ment of said interest and principal, as in said bonds specified. Sirc. 4. All moneys accruing from the collection of the tax mentioned in the, preceding section shall be applied to the payment of the principal and inter- est of, the bonds issued und.eI,this,act, and to no other LAWS AND ORDINANCES. 151 purpose until 'said bonds shall be fully paid; and Provided further, That no part of said bonds, or the money realized therefrom, shall be applied or expen- ded for the purchase, use or improvement of any race- track, or any buildings or appurtenances thereto be- longing, but the same'may be used and expended for the public benefit as hereto set forth. SEc. 5. To be submitted to a vote of the people. This act shall be submitted to a vote of the people of the city of Stillwater, at their annual election in April'next, for their acceptance or rejection, and at such election those wishing to vote in favor of issuing bonds as in this act provided, shall have printed or written on their ballots the words "For Park Bonds —Yes," and those opposed to the issuing of such bonds shall have printed or written on their' ballots the words "For Park Bonds —No." And if a majority vote in favor of issuing said bonds, then it shall be proper for the city council to issue and expend said bonds for the purposes in this act set forth. SEC. 6. This act shall take effect and be in force from and after its passage. Approved March 9th, A. D. 1874. AN ACT TO AUTHORIZE THE CITY COUNCIL OF THE CITY OF STILLWATER TO ISSUE BONDS TO FUND THE FLOATING INDEBTEDNESS OF SAID CITY. • Be it enacted by the Legislature of the State of Min- nesota: SECTION 1. Bonds to fund floating debt. .The city council of the city of Stillwater is hereby authorized to issue the bonds of said city, to an amount not ex- ceeding fifteen thousand dollars; for the purpose of funding the floating indebtedness of said city: 152 LAWS AND ORDINANCES. SEC. 2. Such bonds shall be issued with interest coupons attached, shall be payable at such times and places as the city ,council may determine, but no bonds shall be issued under this act which shall be payable in less than five years from their date, nor bear interest at a greater rate than ten per cent. per annum, payable annually. SEC. 3. Said bonds shall be signed by the mayor of said city, and attested by the clerk thereof under seal, and shall refer on their face to this act, as au- thority for issuing the same. SEC. 4. The said council shall have authority to negotiate said bonds as in their judgment shall be for the best interests of said city; Provided, however, That said bonds shall not be negotiated at less than their par value. SEC. 5. It shall be the duty of the city council of said city to levy a tax upon the taxable property thereof, to pay the interest and principal of said bonds, as the same shall become due and payable by the terms thereof. ' SEC. 6. This act shall take effect and be in force from and after its passage. Approved March 5, A. D. 1874. AN ACT TO AUTHORIZE THE CITY OF STILLWATER TO ISSUE BONDS FOR THE PURPOSE OF ESTABLISHING, CONSTRUCTING AND MAINTAINING VIARVES AND LEVEES. Be it enacted by the Legislature of - the State of Min- nesota! SECTION 1. Bonds for levee purposes. The city council of the city of Stillwater is hereby authorized to issue the bonds of the city of Stillwater to an amount not exceeding twenty-five thousand dollars, - LAWS AND ORDINANCES. 15p and use and negotiate the same for the purpose of raising money tor'pay the expenses and cost of pur- chasing lands and property for the '- construction of public wharves and levees for the said. cliy, and for the purpose of defraying the cost of the construction thereof. Such bonds and -the interest thereon 'shall be payable at such limes and places as the said coun- cil may determine, but no bonds shall be issued under - this act which shall be payable in less than fifteen years from their ,date, nor bear interest at a greater rate than ten per cent. per annum, •payable annually. SEC. 2. Said bonds shall be signed by the mayor of said city and attested by the clerk thereof, and shall refer on their face to this 'act as authority foi issuing the same. Said bonds shall have attached thereto coupons consecutively numbered for the annu- al interest. SEC. 3. It shall be the duty of the city council of said city to levy a tax upon the taxable property thereof, to meet and pay the interest and principal of said bonds as the same shall become due and payable by their terms. SEC. 4. The city council of said city shall have authority to negotiate said bonds as in their judg- ment shall be for the interest of said city; Provided, however, That said bonds shall not be negotiated at less than their par value. SEC. 5. The proposition to issue said bonds shall be submitted to a vote of the electors of the said city at the next charter election thereof. The ballots shall have written or printed, or partly written and partly printed thereon, the following words: For issue of bonds for wharves and levees, "Yes," or, For issue of bonds for wharves and levees, "No." 154 LAWS -AND 'ORDINANCES. Said votes shall be'cast • at said election in the same manner as votes are cast for city officers, and if upon the canvass of the votes cast upon said proposition a majority of -those voting thereon vote in favor thereof, then the said council may issue said bonds as afore- said, and not otherwise: SEC. 6. This act shall take effect and be in force from and after its passage. Approved, March 5, A. D.' 1874. AN ACT TO AUTHORIZE THE CITY OF STILLWATER TO ISSUE ITS BONDS FOR THE ERECTION OF AN ENGINE HOUSE AND CITY HALL. Be it enacted by the Legislature of the State of Min- nesota : SECTION 1. The city council of the city of Still- water, in the State of Minnesota, are hereby author- ized and empowered to issue the bonds of said city to an amount not exceeding twenty, `thousand dollars, bearing interest. at a rate not exceeding' ten (10) per cent. per anniim, and to be payable twenty (20) years from the date of issue, which bonds shall be styled' Stillwater City Building `Bonds, and shall be for the sole purpose of raising money to be expended in the purchasof necessary site for, and in the erection of an engine house'and'city hall for the use of said city of Stillwater. SEC. 2: The bonds issued under and by virtue of this act, shall be signed by the mayor of said- city, and countersigned by the recorder, under the corpor- ate seal of 'said city, and shall be in sums of not less than one hundred dollars each, with interest coupons attached, such interest -to be payable semi-annually, at such place as the city council may designate. .LAWS AND ORDINANCES. 155 SEC. 3. To secure the punctual payment of the interest and principal of the bonds provided for in this act, the city council of said city shall have.power, and it shall be their duty to assess and collect an an- nual tax upon the real estate and personal property within the limits of said city subject to taxation, suffi- cient in amount to pay the interest upon said bonds as the same shall become due and payable, and - to provide a sinking fund for the payment of the princi- pal, and the faith of said city of Stillwater shall be pledged for the payment of said interest and princi_ pal as in said bonds specified. SEC. 4. All moneys -accruing from the collection of the tax mentioned in the preceding section shall be applied to the payment of the principal and interest of the bonds issued under this act, and to -no other purpose, until said bonds shall be fully paid. SEC. 5. This act shall take effect and be in force from and after its passage. Approved February 28, 1873. AN ACT TO ORGANIZE 'CHE STILLWATER BRIDGE COMPANY Be it enacted by the Legislative Assembly' of the Ter- ritory of Minnesota: SECTION 1. Incorporation-. That F. R. Delano, Wm. H. Mower, J. D. McComb, John S. Boder, L. E. Thompson, W. McKusick and T. E. Parker, and their associates and assigns be and are hereby consti- ' tuted a body politic and corporate for the purposes hereinafter mentioned, by the name of the Stillwater Bridge Company, for the term of thirty years, and by that name they and their successors shall be and they are hereby -made capable •in law to contract and -be contracted with, sue and be sized, •plead and be im- 156 LAWS AND ORDINANCES. pleaded, prosecute and defend, answer and be answer- ed, in any court of record and elsewhere, and to pur- chase and to hold any estate, real, personal and mix- ed, and the same to grant, sell, lease, mortgage or otherwise dispose of for the benefit of said Company; to devise and keep a common seal; 'to make and en- force any by-law not contrary to the Constitution and laws of the United States or of this Territory, and to enjoy all the privileges, franchises and immu- nities, incident to a corporation. SEC. 2. Capital Stock. The capital stock of said company shall be forty thousand dollars, in shares of one hundred dollars each; and the Board of Direc- tors shall haw! power at any time, whenever a major- ity in value of the stockholders shall deem the same advisable, to increase the said capital stock to an amount not exceeding one hundred thousand dollars.' SEC. 3. Open Books. Any three of the individuals named in the first section of this act, shall be author- ized to cause books to be opened at Stillwater, for the purpose of receiving subscriptions to the capital stock of said Company, first giving two weeks' notice in any two newspapers published in this Territory, at the time and place of opening such books. SEC. 4. Call Meeting. Whenever fifteen thousand dollars of capital stock shall have been subscribed;' and five dollars per share so subscribed for shall have been actually paid in, any number of the said subscribers who shall represent a majority of the then subscription to said stock, shall be author- ized to call a meeting of the several subscribers thereto, giving twenty, days' notice of the time and place of such meeting, in any two newspa- pers published in this Territory; and those of the subscribers who may be present at such meetings LAWS AND ORDINANCES. 157 so called shall have power to elect a board of five di- rectors from the stockholders of said Company. SEc. 5. President —Prescribe By -Laws. The Board of directors thus chosen shall proceed to elect one of their number as President of said Company, and shall choose also one person to act both as Treasurer and Secretary of said Company, and who shall give bonds t o be approved by the President and Directors, in such penal sum as they may require, conditioned for the faithful and correct discharge of his duties as Treasurer and Secretary; and at such first meeting or as soon thereafter , as practicable, the President and Directors shall prepare and adopt a code of by- laws for the regulation and government of the affairs of said Company, which maybe altered or amended at aay subsequent meeting of said Board of Directors or a majority thereof. SEC. 6. Term of Office —Vacancy. The said offi- cers chosen according to the provisions of the two preceding sections, shall remain in their several offi- ces until the last Wednesday of December succeed- ing their election, and upon said Wednesday a meet- ing of the said stockholders shall be held, and a board of five directors chosen, who shall remain in office for one year thereafter, and until 'others are chosen in their stead, and annually thereafter on the last Wed- nesday of December of each year, a meeting of the stockholders shall be held and a board of five directors shall be chosen for the ensuing year; Provided, That if any vacancy shall be created in any office by reason of resignation; death or otherwise, the Board of Di- rectors shall have power to fill such vacancy for the remainder of the term: Provided, also, That _the President of said company shall always be chosen 158 LAWS AND ORDINANCES. from the directors thereof, and a Treasurer and Sec- retary shall be chosen in accordance with the provis= ionf of the fifth section of this act. SEc. 7. Powers of President. . The President of this company shall have power to call a meeting of the stockholders, at any time by giving fifteen days' notice of the time and place of such meeting, in any two newspapers published in this Territory; and any three of the directors or a majority in value of the stock - .holders shall have the like power to call such meet- ing in like manner; Provided, That the duties and powers of the President, not specially set forth, shall be specified and prescribed in the by-laws adopted by the Board of Directors according to the provisions of the fifth section of this act. SEG. 8. Board of Directors. The Board of Direc- tors shall meet at such times and places as they shall regulate by their by-laws. They shall fix the com- pensation of all officers of the company and define their duties, and shall by their by-laws regulate the government of all meetings of their own board, and of the stockholders, and generally shall have power to do all acts for the benefit and purposes of said company. SEC. 9. Secretary. The Secretary shall attend all meetings of the Board of Directors and of the Stock-, holders, and shall keep just and true record of all the proceedings at such meetings, and as Treasurer and Secretary shall perform such duties as the Board of Directors shall by their by-laws prescribe. SEC. 10. Election. Every.share shall be entitled to one vote each, at any meeting for, the choice of directors. For the choice of President the Director having the highest number of votes shall be elected LAWS AND ORDINANCES. 159 President; Provided, That any meeting of the stock- holders a majority in value shall constitute a quorum.,_ with power to transact all business; and at any meet- ing of the Board of Directors, any three of the Board of Directors shall constitute a quorum, with power to transact business. SEC. 11 To Build Bridge. The said company shall be and are hereby authorized and empowered to con- struct, maintain, and keep a bridge across River or Lake St. Croix, to be erected of such material as the stockholders shall deem expedient. The company shall have power to take as much land as may be ne- cessary for that purpose; Provided, however, That no unnecessary damage shall be clone thereby ; and in case the said company and the owner of the land cannot agree upon the price of lands so taken, the said company shall choose an appraiser, and the own- er of the land another; and the persons so chosen shall proceed to appraise the land; and in case the appraisers cannot agree, they shall choose another person to act with them in the appraisal, and the price at which said appraisers shall appraise the said land shall be paid by said company to the owners thereof, and the said company shall at all times keep the said bridge in good repair and condition, so as to afford a safe and convenient passage to foot passen- gers, teams or cattle, and shall at all times without delay, permit any person or persons with or without teams or cattle to cross on said bridge upon the pay- ment or tender of the lawful toll; Provided, That said bridge shall be so constructed as to not interfere in any manner with the free navigation of said St, Croix Lake or River. SEC. 12. No other bridge. That no other bridge except a railroad bridge shall be established across 160 LAWS AND ORDINANCES. said St. Croix River or Lake, within one mile of that erected by the Stillwater Bridge Company during the existence of this charter. That said bridge company may at any time by a vote of the majority of the stockholders, sell the bridge to any company, county or person who will maintain the same as a free bridge under the penalties and restrictions of this act. SEC. 13. Forfeiture. All powers and privileges granted by this act shall be forfeited unless the said bridge is commenced within two years and completed within five years from the passage of this act. SEC. 14. Individual responsibility. No debt or liability of said company shall be contracted except as authorized at a meeting of stockholders owning a majority in value of the stock of said company; and each stockholder shall be individually liable for all legal demands against said company to the amount of stock held by such stockholder,' and nothing herein contained shall be so construed as to authorize said company to obstruct the navigation of the St. Croii river or the free passage of all water crafts, rafts, or timber. SEC. 15. Rates of toll. The rates of toll for cross- ing said bridge shall not exceed the following: For each foot passenger 5 cents. For each horse, mare, or mule, with or with- out rider 10 " For each single horse and carriage or buggy 20 " Two -horse, two -mule, or two-ox team, load- • ed or unloaded, with driver. 40 " For each additional ox or cow 5 " Swine or sheep 2 ,, LAWS AND ORDINANCES. 161 SEC. 16. May amend. This act may be altered or amended by the legislature of this Territory or the future State of Minnesota at any time after the ex- . piration of fifteen years from the date of this act. J. W. FURBER, ,Speaker of the House of Representatives. JOHN B. BRISBIN, President of the Council. APPROVED —March sixth, eighteen hundred and fifty- seven. W. A. GORMAN. SECRETARY'S OFFICE MINNESOTA, ST. PAUL, March 10, 1856. I certify the above to be a true copy of the original on file in this office. J. J. MCCULLOUGH, Acting Secretary. AN ACT TO AMEND AND CONTINUE IN FORCE CHAPTER SIXTY-THREE OF THE SPECIAL LAWS OP EIGHTEEN HUNDRED AND FIFTY-SEVEN, BEING AN ACT ENTITLED AN ACT TO ORGANIZE THE STILLWATER BRIDGE COMPANY Be it enacted by the Legislature of the State of Min- nesota: SECTION 1. The act of the territorial legislature of the territory of Minnesota, entitled "an act to or- ganize the Stillwater bridge company," approved March sixth, eighteen hundred and fifty-seven, is hereby revived and continued in full force for the term of thirty years from and after the passage of this act. SEC. 2. Section twelve of said act is hereby amend- ed so as to read as follows : SEC. 12. No other bridge except a railroad bridge shall be established across said Saint Croix lake or 162 LAWS AND ORDINANCES. river, within one mile of that erected by the Still- water bridge company, during the existence of this charter. That the said Stillwater bridge company, at any time after the same shall have become organ- ized, by the election of directors, as prescribed in sec- tion four, to sell said bridge, and all the rights, privil- eges_ and franchises in and by this act created, granted or conferred to the city of Stillwater, in the county of Washington. And said city of Stillwater is hereby authorized and empowered to purchase from said bridge company, said bridge, and all the rights, pri- vileges•and franchises herein created, granted or con- ferred, and thereafter to hold, enjoy and manage the same, in the same manner and to the same extent that said bridge company might or could do if such sale or transfer had not been made to said city of Stillwater, as herein provided, the management and control of all affairs relating to said bridge, and any of the rights, privileges and franchises hereby cre- ated, granted or conferred, shall be in and exercised by the city council of said city of Stillwater, and said city council shall at all times have, possess and exercise all the powers that might have been possess- ed or exercised' by said board of directors, and there- fore no board of directors shall be elected. SEc. S. Sections thirteen and fourteen of said act are hereby repealed. SEC. 4. Section fifteen of said act is hereby amend- ed so as to read as follows : SEC. 15. The rate of toll for crossing said bridge shall not exceed the following : For each foot pass- enger, five cents; for each horse, mare or mule, with or without rider, five cents; for each single horse and carriage, with driver, fifteen cents; for each two horse, LAWS AND ORDINANCES. 1G3 r two mule or two ox team, loaded or unloaded, witli driver, fifteen cents; for each additional pair of horses, mules or oxen, ten cents; for each swine or sheep, one cent ; for each cow, heifer, steer or ox, five cents. Approved March 9, 1875. AN ACT TO AUTHORIZE THE CITY OF STILLWATR TO ISSUE BONDS FOR THE CONSTRTCTION OF A BRIDGE ACROSS LAKE SAINT CROIX Be it enacted by the Legislature of the State of Min- nesota: SECTION 1. The city council of the city of Stillwater is hereby authorized to issue the bonds of said city to an amount not exceeding twenty-five thousand dollars, and to use and negotiate the same for the purpose of defraying the expense of constructing and maintain- ing a bridge across Lake Saint Croix, opposite the city of Stillwater aforesaid. SEC. 2. Such bonds shall be issued in such amounts and denominations, and payable at such times and places as the said council may determine; but they shall not be made payable in less time than ten years, nor draw a greater rate of interest than ten per cent. SEC. 3. Such bonds shall be signed by the mayor and countersigned by the city clerk of said city, and shall refer upon their face to this act as authority for their issue, and shall have attached thereto coupons consecutively numbered for their annual interest. SEC. 4. It shall be the duty of the city council of said city to levy a tax upon the taxable property of said city sufficient to meet and pay the interest and principal of said bonds as the same shall become due. 164 LAW AND ORDINANCES. SIT. 5. The city council of said city shall have authority to negotiate said bonds as in its judgment shall be for the best interests of the city; Provided, however, That said bonds shall not be negotiated for less than their par value. SEC. 6. This act shall take effect and be in force from and after its passage. Approved March 9,1875. County: City of Stillwater Book: : Charter and Ordinances ofthe City of Stillwater Volume: 1881 Page Number: 165 Page(s)was not present in the document at the time of scanning, and therefore they were not scanned. KOFILE TECHNOLOGIES, INC ORDINANCES OF THE CITY OF STILLWATER ORDINANCE No. 1. An Ordinance relative to the granting of Licenses : Be it Ordained by the City Council of the City of Stillwater SECTION 1. That any person applying for a license under the provisions of an Ordinance of the City, shall make and present to the Recorder a written ap- plication, and if such application is for a license to keep a billiard table, bowling alley, or to burn a coal ' pit, brick, lime, potters' kiln, or to keep a powder magazine, he shall specify in said application where such billiard table, bowling, nine or ten pin alley, or powder magazine is to be kept, or where such a coal pit, brick, lime or potters' kiin is to be burned; such application shallbe presented by the Recorder to the City Council at its next meeting; the City Council, if they deem it proper to grant such license, shall fix the amount to be paid therefor, and shall direct the Recorder to issue a license to such applicant, upon said applicant presenting the receipt of the City Treasurer of the payment into the Treasury of the sum required by the City Council, to be paid for such license. 16G CITY ORDINANCES'. SEC. 2: The provisions of the preceding section shall not apply to applications made to sell goods, wares and merchandise at public auction, or to ped- dle; or to exhibit any circus, show, theatrical or other performance, but in such case the application shall be made to the Mayor, who, if he deem it proper to grant such license, shall fix the amount to be paid therefor, at not less than three nor more than one hundred dollars, and he shall direct the Recorder to issue such license upon the applicant presenting the Treasurer's receipt, as specified in the preceding sec- tion. SEc. 3. All Ordinances or parts of Ordinances in- consistent with this Ordinance are hereby repealed. SEC. 4. This Ordinance shall take effect from and after its publication. Passed June 7th, 1869 Published June 8th, 1869. ORDINANCE No'. 2. An Ordinance regulating the sale of Intoxicating Li- quors by Druggists. "Fhe City Council of the City of Stillwater do Ordain SECTION 1. No Druggist shall sell, give away or in any manner deal in spirituous, vinous, fermented, mixed or intoxicating liquors within the limits of the City of Stillwater without having first obtained a license therefor, from the City Council of said City, as hereinafter provided. SEC. 2. Any person licensed as a Druggist to deal in spirituous, vinous, fermented, mixed or intoxica- ting liquors under this Ordinance shall not sell by the CITY OIIDIIZANCES. 167 glass, and only for Medicinal and- Communion pur- poses, nor permit the same to be drank on the prem- ises. SEC. 3. Any person desirous of obtaining a license 'to deal in spirituous, vinous, fermented, mixed or in- toxicating liquors as a Druggist, for Medicine or Communion purposes, shall make application in wri- ting to the City Council at a regular meeting thereof, specifying in such petition the place (house or room,) in which they propose to carry on said business, and that he desires a license to sell liquors as a Druggist only, under the provisions of this Ordinance; said petition shall contain the names of two or more resi- dent freeholders, who shall become sureties on the Bond hereinafter mentioned, in case license be grant- ed to the petitioner. SEC. 4. Upon the reception of any such petition, the City Council shall proceed as provided for in Sec- tion 4, of an Ordinance entitled, "An Ordinance reg- ulating the sale of intoxicating liquors" passed April 13th, 1866, provided the petitioner shall pay the sum of fifty dollars to the City Treasurer, instead of the amount mentioned in the aforesaid Section 4th, of said Ordinance. SEC. 5. If any of the conditions of said Bond shall be violated by the person or persons holding said license, it shall be the duty of the city council to cause the whole amount of said Bond to be collected `by suit or otherwise, and the collection of the amount of said Bond shall in nowise release the said party from any penalty -as hereinafter prescribed for any breach or violation of this Ordinance. SEC. 6. Any person guilty of the violation of the provisions of this Ordinance, shall, upon conviction 168 CITY ORDINANCES. thereof, be liable to a fine of not less less .than five dollars, nor more than one hundred dollars for each offence, and the Court may in addition to the above, .fine, adjudge the said license to be forfeited. SEC. 7. This Ordinance shall take effect from and _ after its passage and publication thereof, according to the requirements of the Charter of said City. Passed September 6th, 1869. Published September 14th, 1869. ORDINANCE NO. 3. An Ordinance establishing a Board of Health, and defining its powers and duties. .The City Council of the City of Stillwater do ordain and establish is follows• SECTION 1. That a Board of Health be appointed by the city council consisting of three persons, one of whom shall be a physician, who shall also be ex-officio City Physician, and Chairman of the Board. The said Board of Health shall be appointed at the regu- lar meeting of the city council in May of each year, or as soon thereafter as may be, and shall hold their office one year, and, until their successors shall be elected and qualified; they shall receive such reason- able compensation for their services as the city coun- cil shall determine. SEC. 2. Such Board of Health shall exercise a general supervision over the health of the city, and shall have full power to adopt and enforce such salutary measures and regulations as they may deem advisable; to enquire into the existence of any unwholesome or noisome places or objects in the city which in their 'CITY ORDINANCES. 169 opinion may tend to jeopardize the health of the city, and to take all steps and use all measures necessary in their judgment to promote the cleanliness and salubrity of the city; they shall also have power to take necessary measures to prevent the introduction and spread of infectious, malignant or contagious diseases; to provide for and enforce the removal of persons afflicted. with any contagious disease to such place as they may at any time think necessary to es- tablish , at the public expense as a pest house; and they shall on application provide proper accommoda- tion, medicine and other necessaries for persons who are diseased and destitute. Every such case of assist- ance or removal shall be reported to the city council at their next regular meeting, accompanied ,with a statement by items of the expense incurred. SEC. 3. The said Board of Health or any member thereof, may in the discharge of the duties of said office; enter in the day time, upon the premises and into the house of any person or persons within said city, to ascertain any nuisance which may exist, and may inspect the vaults, drains, cess pools, privies and cellars on any such premises; and cause the abate- ment of all nuisances found on any such premises in the following manner, to -wit : Whenever the Board of Health shall ascertain that a nuisance affecting or endangering the public health, exists on any premises or in any house within the city, the chairman of the Board or any two members of said Boaid, shall notify in writing the person or persons in possession of such premises or house, to abate or remove such nuisance within a reasonable time, to be stated in such notice; and it shall be unlawful for any person on receiving such notice, to refuse or neglect to comply with the same for a longer period than the time therein named; 170 CITY ORDINANCES. and upon such refusal or neglect, the Board of Health May abate such nuisance; and the occupant of the premises, in addition•to. the penalty provided by this ordinance, shall be liable to the city for the cost of such abatement, the same to be recovered in a civil action before any Justice of the Peace of said city.' SEC. 4. The Police of said city shall serve all noti- ces of said Board of Health, and shall when directed and required by the Chairman of said Board, or any two members thereof, assist in enforcing the rules, regulations and sanitary measures established by said Board. ' SEC. 5. It shall be unlawful for any person or per- sons, to molest or resist the Board of Health or any member thereof, or any person acting under their or- der or direction, while in the discharge of their duties. SEC. 6: Any person violating any provisions of this Ordinance, shall upon conviction, be punished by a fine not exceeding twenty-five dollars. • SEC. 7. It shall be the duty of the Board of Health to cause complaints to be entered before a Justice of the Peace of said city, against every person neglect- ing or refusing to abate any nuisance after due notice as above provided, and against every person violating any of the provisions of this Ordinance. ° SEC. 8. An Ordinance entitled "An Ordinance es- tablishing a Board of Health," passed April 19th,, 1856, is hereby repealed, but the members of the pres- ent Board of Health shall continue to hold their offi- ces until the first regular meeting of the city council in May next, and until their successors are appointed and qualified. SEC. 9. This Ordinance shall take effect from and after its publication. Passed Aug. 2, 1870. Published Aug. 6, 1870. CITY ORDINANCES. ORDINANCE No. 4. An Ordinance for the Prevention of Fires. The City Council of the City of Stillwater do Ordain as follows: 171 SECTION 1. That no person shall pass any stove- pipe or flue through any roof, floor, window, wooden, lath or plaster partition, of or in any building what- ever within the city of Stillwater or permit any such pipe or flue to be passed as aforesaid, or use the same unless, it be secured as follows: If the pipe or flue be passed through any roof or wooden partition not being plastered, or any window, said pipe or flue shall be surrounded with brick, or passed through a stone or earthenware cylinder, or through a tin or sheet - iron plate, well secured, so that the said pipe or flue, if passed through a tin or sheet iron plate, shall not be nearer than three inches to any wood or combusti- ble material, and if said pipe be passed through any ceiled or, plastered roof, floor or partition, it shall be secured by being passed through a brick, stone, earth- enware, tin or sheet iron cylinder, running through the whole thickness of such sealed roof, floor or par- tition; and if a tin or sheet iron cylinder be used, it shall be of such dimensions that the pipe or flue assed through the same shall in no part be nearer than three inches to the circumference thereof, nor shall any stove pipe or flue in or on any building pass in any part nearer any wood or combustible material than three inches, unless secured by brick or stone, or earthen ware as above directed, and every such pipe or flue shall be extended above the roof at least two feet and a half on the ridge, and at least five if OD. any other part of the roof. All persons offending against any of the provisions of this section shall for- 172 CITY ORDINANCES. feit and pay to the city of Stillwater five dollars for - each and every day they may have, permit or use any stove pipe, or flue, the same not being secured as herein directed. SEC. 2. No person shall make, use or permit any fire to be made or used in any building within the city of Stillwater, unless the same be In good and sufficient fire place with a chimney or stove with a. ' pipe, secured as directed in the preceding section under a penalty not less than five dollars nor more than twenty-five dollars for each and every offense, and no person shall carry any fire through any street or lot in this city, unless the same be deposited or placed securely in a covered vessel of tin or iron, under the penalty of five dollars for each and every offense. SEC. 3. Every person keeping, occupying or using any shop, stall or other building wherein chips, shav- ings or other combustible refuse may accumulate, shall every day have the same removed from the building, and in such a manner as not to throw or scatter the same in any street or lot within the city and nearer than one hundred feet of any building; Provided, That the provision of this section shall not apply to any shop or building being at least one hun- dred feet from any building or combustible property belonging to any other person or any building or com- bustible property belonging to himself, if such prop- erty or building shall be so detached as not to endan- ger any neighboring building or combustible property. SEC. 4. No person shall set fire' to or, burn any hay, wood, straw, chips, shavings or other combusti- ble property or refuse, in any street or lot or in any other part of this city within one hundred feet of any CITY ORDINANCES. 173 building under the penalty of five dollars for each offense, nor shall any person stack, pile or throw any hay, straw or other combustible material in any street, lot, or part of this city, within one hundred feet of any building, without having the same en- closed and covered so as to be protected against any flying sparks of fire, under a penalty of ten dollars for each and every day the same may remain so un- protected. SEC. 5. No person shall keep in any house, store or cellar, warehouse or other building within the limits of the city, any gunpowder, except in canisters containing not more than twenty-five pounds at any one time; nor shall any person sell gunpowder within the limits of the city after dark. All persons offend- ing against the provisions of this section shall forfeit and pay to the city a penalty of twenty-five dollars for each offense. SEC. 6. Every owner of a house, store, warehouse ' or other building, in which , any stove, fire -place or flues are used, shall provide and keep in good repair one sufficient and substantial bucket, which shall be marked with paint in plain, conspicuous letters, with the word "fire" on one side, and the owner's name on E the other, which bucket shall be kept in a public and convenient part of such house, warehouse or other building, and shall on occasion of any fire be carried or sent by the owner to the place where such fire may be; and every person being an owner as aforesaid, who shall neglect or refuse to provide and keep such bucket as above required, and exhibit the same to the Chief of Police when required, shall forfeit and pay to the city the sum of one dollar for each failure to comply with the provisions of this section; any person secre- 174 CITY ORDINANCES. ting, destroying or defacing any fire bucket, shall forfeit and pay the city the sum of five dollars for each and every offense. SEC. 7. The Chief of Police of said City of Still_ water, shall, when ordered by the city council, re- quire the'tenants, owner or owners of any blacksmith shop so to alter or construct (as the case may require) the chimneys in said shops so as to prevent sparks of fire from passing into the open air, and may require the ceiling or sides of any shop or any part thereof to be plastered, and for any case of neglect or refusal, the parties offending shall forfeit and pay a penalty of ten dollars and a like penalty for every day the same may remain after notice from said Chief of Police. This ordinance to be in force frem and after its publication. Passed March 24,1871. Published April 11th, 1871. ORDINANCE No. 5. An Ordinance Relative to Shows and Theatres. The City Council of the City of Stillwater do Ordain as follows: SECTION 1. It shall not be lawful for any person to make or exhibit any show or shows, caravans or cir- cuses, or perform any plays, games, concerts. theatri- cals or other performances or, exhibitions whatever, or other curiosities for which pay of any kind shall be required, demanded or received, or to give anylecture or lecturers without having been previously licensed so to do by the authority of the city council of the 'CITY 'ORDINANCES. 175 city of Stillwater, and every person or persons offend- ing against the provisions of this ordinance shall for- feit and pay a fine not exceeding one hundred dollars for every offence, and it shall be the duty of the Chief of Police and the police officers of the city of Still- water, in every case where the provisions of this ordi- nance shall be violated, or not complied with, to ar- rest the person or persons offending against the same, and bring him or them before one of the Justices of the Peace of said city of Stillwater, to answer to any alledged offense in any such case. SEC. 2. It shall be the duty of all and every such person or persons who may be desirous of exhibiting any natural or other curiosities and shows, or to per- form any games or theatrical exhibitions or other games, shows or other exhibitions whatever, for which any money or pay, or any compensation whatever, shall be required or received, to make application to' the city council of the city of Stillwater or to the re- corder for a license, and the' said license may be gran- ted by the mayor, city council, or by the recorder for any concert or theatrical exhibition upon the pay- ment to the City Treasurer by the person or persons receiving such license, the sum of not less than five dollars nor more than one hundred dollars; and said city authorities may grant a license to any person or persons to make or exhibit any show or shows, cari- vans or circuses, plays or games, upon payment to the City Treasurer of the sum of not more than two hundred dollars per day. Provided, .whenever any person or persons are desirous of exhibiting any show or performance aforesaid before the meeting of the city council, the mayor and recorder may grant such license until the next meeting of the city council, upon the payment to the city treasurer of the sum 76 CITY ORDINANCES. aforesaid, and no such license shall be granted or issued until the money is paid therefor to the city treasurer and his receipt for the same presented to the recorder. This ordinance to be in force from its publica- tion. Passed March 24, A. D. 1871, Published April 18, 1871, ORDINANCE No. 6. An Ordinance Relative to Paupers. The Cite Council of the City of Stillwater do Ordain as follows SECTION 1. If any owner, captain, or master of any steamboat, keelboat, barge or raft, or any other per- son or persons, or railroad companies or other cor- porations, shall in any way or by any means bring, or leave, or suffer, or permit to be brought or left any person or persons within the limits of the city of Stillwater who is affected with any contagious disease, or in a diseased or destitute condition, and fails to make and provide means for the necessary comfort and subsistence and attention of such person or per- sons, he or they so offending shall be fined in a sum not exceeding one hundred dollars. SEC 2 If any person named. in the above section or otherwise shall neglect to provide the means of support for such destitute person, the same may be done by the Mayor or Board of Health, and then the offending person or persons be compelled to pay for the same, and all incidental expenses therein, and such expenses shall be included in any fine imposed for a violation of this oidinance, or the same may be CITY ORDINANCES. 177 recovered in the name of the city of Stillwater before any court of competent jurisdiction in any action of debt or other proper action. This Ordinance to be in force from and after its publication. Passed. March 24, A. D. 1871. Published April 18, A. D. 1871. ORDINANCE No. 7. An Ordinance Relative to Lamp Posts. The City Council of the City of Stillwater do Ordain as follows: SECTION 1. Any person who shall wantonly or wil- fully deface, injure or damage any lamp post or city lamp within the limits of said city, or who shall with- out authority extinguish or light any such lamp, shall upon conviction pay a fine for such offense not less than five nor.more than twenty-five dollars.: This Ordinance to take effect from and after its publication. Passed March 24, 1871. Published. April 18, 1871. ORDINANCE No. 8. An Ordinance Relative to Dangerous Buildings. The City Council of the City of Stillwater do Ordain as follows. SECTION 1. No person within the limits of the City of Stillwater, shall erect or cause to be erected, or shall maintain or permit or suffer to remain on their premises any building or structure, which, by reasons 178 CITY ORDINANCES. of dilapidation, defects in its structure or other causes may be imminently dangerous to life or property. The city council may order the same to be removed by the/owner upon notice, within such time as the city council may prescribe, and if the owner is a non- resident, such notice may be served upon his or her agent, if they have one in this city, if not, then notice may be posted on the premises, and in the official paper of said city, if it has one, if not, then in any newspaper of general circulation for such period as the city council may deem proper and'direct. SEC. 2. In case such dangerous building is not removed at the time and in the manner directed by the city. council, the same may be declared. a public nuisance and removed by the Chief of Police under the direction of the mayor, at the expense of the owner; and such expense so incurred in such remo- val may be recovered of said owner in an action of debt before any court of competent jurisdiction, and in addition to the recovery of the said expenses for such removal of such building or structure, said own- er shall be liable to pay a fine of twenty-five dollars for each day such owner may suffer such building or structure to remain after the expiration of the time in which they may be required to remove the same. This ordinance to be in •force from and after its publication. Passed March 24, A. D. 1871. Published April 18th, 1871. ORDINANCE No. 9. An Ordinance Relative to Nuisances. The City Council of the City of Stillwater do Ordain as follows SECTION 1. If any person or persons within the boundaries of said city shall permit or suffer on his, CITY ORDINANCES. 179 her, or their premises, of which he, she, or they may be the occupant or occupants, either by exercising an unwholesome or offensive trade or calling, or by per- mitting any building, sewer or other thing whatso- ever, to remain on the premises of which he, she or they shall be the owner or occupant or occupants, until by offensive or ill stenches, or otherwise, they or any of them shall become offensive, hurtful or dangerous to the neighborhood or travelers, or shall erect or place, or cause to be erected or placed, any building, lumber, or other obstruction whatsoever, in or upon any of the streets or landings of said city, or shall occupy, maintain, or keep, or cause to be main- tained, occupied or kept, any such building, lumber or other obstruction now erected or placed in or upon any of the streets or landings of said city, it shall be the duty of the Chief of Police to give notice to such person or persons to remove such nuisance forthwith; and if the owner or owners, occupant or occupants of premises on which such nuisance shall be situated, or if the.building, 'lumber, or other obstruction now erected or placed in or upon any of the said streets or landings, shall neglect or refuse to remove the same for the space of twenty-four hours after such notice shall have been given, he she, or they, on conviction thereof, shall be liable to pay a fine not exceeding five dollars for each day he, she or they shall have permitted such nuisance to remain after notice as aforesaid. SEC. 2. If any person or persons shall, after notice - as aforesaid, permit hny such nuisance to remain which shall manifestly be dangerous or improper, or shall interfere with the use and enjoyment of the streets and landings of the said city, it shall be lawfulfor the Chief of Police to remove and abat8 such nuisance; 180 CITY ORDINANCES. either by removing the building or any putrification, or by draining the premises, or by filling them up forthwith, or by removing the lumber or obstruction erected, placed or maintained, or kept in or upon said streets or landings; and the person or persons per- mitting the same to remain as aforesaid, shall, on conviction thereof, be liable to pay a fine not exceed- ing thirty dollars, and the expense of removing such nuisance, together with the costs of prosecution. Provided, That the city council may, at the time of the abatement. of any such nuisance, or at any time within thirty days thereafter, direct an assessment on the lot or lots from which such nuisance shall have been removed, sufficient to pay all the expenses of removing the same; and when such assessment shall have been levied and collected, it shall be a bar to the recovery of the same' by any proceedings before the Justice of the Peace of said city, but shall not prevent the recovery of any fines or costs under this chapter, to which any person or persons may have become liable for creating or maintaining such nuis- ance, or suffering the Same to remain after notice. SEC. 3. No person shall deposit or cause to be left, placed or deposited in an part of said city, any dead animal, or any animal or vegetable or other substance which is offensive, or which by process of decomposi- tion may become offensive, unless the same shall be buried at least three feet below the surface of the ground ; and any person offending in the premises, shall, on conviction, be liable to ,pay a fine not ex- ceeding fifty dollars, and the expense of removing such nuisance, together with the costs of prosecution. SEC. 4. It shall be the duty of the Chief of Police to report to the city council the existence of any nuis- CITY ORDINANCES. 181 ance whatever in said city, and perform all other acts relative to the same, according to the general or specific regulations prescribed°relative thereto. SEC. 5. 'For the purpose of fulfilling the provisions of this Ordinance, the Chief of Police of said city shall have power to call to his assistance all by stan- ders or any male inhabitant of said city; and if .any by stander or inhabitant as aforesaid, after being summoned to the assistance of the Chief of Pohce as aforesaid, shall neglect and refuse to render all the assistance necessary and within the power of such person to said Chief of Police, in removing nuisances and making arrests, according to the said provisions of this Ordinance, he shall forfeit and pay to the city of Stillwater the sum of twenty-five dollars, or be imprisoned in the county jail of the County of Wash- ington for the period of twenty days, or shall pay and suffer both such fine and imprisonment, at the discre- tion of the Justice of the Peace of said city, before whom the same is tried. This Ordinance shall take effect from and after its publication. Passed March 24, A. D. 1871. Published April 18th, A. D. 1871. ORDINANCE No. 10. An Ordinance to Prohibit Gaming and Gainbling- Houses. The City Council of the City of Stillwater do Ordain as follows SECTION 1. All E. 0. or roulette tables, faro or pharo banks, and all gaming with cards, gaming ta- 182 CITY ORDINANCES. bles or gambling devices, and all descriptions of gam- ing, and all houses and places for the purpose of gam- bling, and fraudulent "devices and practices, and all playing of cards, dice or other games of chance, are hereby prohibited from being set up or used or kept for gaming or gambling purposes in the city of Still- water. SEC. 2. Any person who shall deal cards at the game called faro, pharo or forty-eight, whether the same shall be dealt with fifty-two or any other num- ber of cards, and any person who shall keep to be used as gaming or any gambling devises whatever designed to be used in gaming, shall forfeit and pay a fine not exceeding one hundred dollars nor less than fifty dollars. SEC. 3. Every person who shall bet any ,money or other property, at or upon any gaming table, game or device prohibited in this ordinance, shall upon con- viction thereof before a justice of the peace of said city of Stillwater, forfeit and pay a fine, not exceed- ing fifty dollars. SEC. 4.' Every person who shall keep any house or place' for the purpose of gambling, or who shall suf- fer any gaming table, bank or gambling device pro- hibited ih this ordinance to be set up or used for the purpose of gaming, in any house, building, steamboat, raft, keel boat or boom, lot, shop, yard or garden to to him belonging, or by him occupied, or`of which he has the control, shall be punished by a fine not ex- ceeding one hundred nor less than twenty-five dol- lars. This ordinance shall take effect from and after its publication. Passed March 24, A. D. 1871. Published April 25th, 1871. CITY ORDINANCES. 183 ORDINANCE No. 11. ,An Ordinance relative to Shade and Ornamental' Trees. The City Council of the City of Stillwater do Ordain as follows SECTION 1. All shade and ornamental trees shall be planted on: a line six inches outside of the outer line of sidewalks, under a penalty of five dollars for each tree hereafter to be planted on public highways or streets of said city, on any different line than as above designated, and the city council shall have power in their discretion to cause the removal of all trees here- after planted in violation of this ordinance. Pro- vided, That such discretion shall not be exercised unless such tree shall form a material obstruction to the street or sidewalk or other public property or im- provements, nor unless the season shall be favorable for transplanting the same; And provided further, That the city shall not be responsible for the destruc- tion or removal of any shade trees, when necessary for the construction of any public improvements. SEC. 2. Any trees which have been heretofore planted within or without the line hereby established may be taken, up and properly set out at any time by or under the direction of the Street Commissioner, or may be entirely removed if necessary for the im- provement of the street or other public improvement. SEC. 3. Any person who shall fasten or hitch any horse or other animal to any tree or tree -box shall be punished by fine not. less than five dollars for each offense, and any person who shall cut, break or oth- erwise injure or destroy any shade or ornamental tree, or the box or other protection thereto, or shall cause 184 CITY ORDINANCES. damage or injury thereto by suffering the same to be damaged or injured by any horse or animal under his control, shall be punished by a fine not less than ten nor more than one hundred dollars for each offense. SEC. 4. This ordinance shall not be construed so as to prevent the city from ordering or causing the removal of any shade or ornamental trees in any street, sidewalk or other public highway whenever they deem may such removal necessary for the public interest. This ordinance to be in force from and after its publication. Passed March 24, A. D. 1871. Published April 25th, 1871. ORDINANCE No. 12. An Ordinance relative to Buildings and Improvements. 'The City Council of the City of Stillwater do Ordain SECTION 1. No owner, tenant or lessee of any lot, or the contractor or builder for any owner, tenant or lessee, shall make or ' cause to be made any excavation for the purpose of building an area, cellar, foundation or other improvement into, upon or under any public highway, street or sidewalk, or into, upon or under any property which has been occupied as a public highway, street or sidewalk, without first obtaining the written permission of the city council of 'said city of Stillwater. SEC. 2. Before the said city council shall grant such permission,' they shallrequire awrittenbond from such owner, tenant, lessee,contractor or builder, with two good and sufficient sureties to be approved by CITY ORDINANCES. 185 said city council, conditioned in the sum of five thousand dollars that he will leave the said street, highway and sidewalk in as good order and condition as when he found the same and within a reasonable time after the said excavation be made, and that he will at all times keep the said excavation suitably and properly guarded by day and by night, and will save the city harmless from any and all suits, damages, costs and charges by reason of the said excavation. The said bond shall be duly executed and acknowl- edged as required for bonds in civil actions, shall be approved by the city council and filed in the office of Recorder of said city. SEo. 3. Any owner, tenant or lessee of any lot, or any contractor or builder of any such owner, tenant or lessee, who shall take up or remove ,any sidewalk, crossing, flagging or other material used as a side- walk or crossing, for the purpose of building upon or improving any lot or property adjacent thereto, shall relay and replace the said sidewalk, crossing or flag- ging, within ten days after the wall of the first story of the building is up. SEC. 4. All stone, brick, lumber and building ma- terials shall be removed from the street and sidewalk adjacent to any building or improvement, and said street and sidewalk put in as good order, and condi- tion as the same were before such building and im- provement were commenced within five days after the plastering in such building is finished, or within five days after work shall be suspended on said build- ing if left unfinished. SEC. 5. In all cases of building and improvement it shall be the duty of the owner, tenant or lessee of the property, and his and their contractors and build- 186 CITY ORDINANCES. ers to use no more of the public street and sidewalk than may be absolutely necessary for the construction of such improvement. It shall be the duty of the Street Commissioner to prevent the accumulation of building materials in the public streets and highways; he may designate how much of the public streets and highways may be encumbered with building mate- rials, and may order and direct the prompt removal of such materials beyond such limits. The city council may, by resolution, prevent the' screening of sand, or piling or accamulation of stone, brick, lime or other materials, or the mixing of mortar or other obstruction in any of the streets in said city, if in their judgment the necessities of business shall de- mand the same, and they may also direct the removal of any such obstruction. SEC. 6. It shall be the duty of the owner, tenant, lessee, contractor, and of all and either of them, dur- ing the construction of any building or improvement, upon or near the line of any public street, highway, alley or sidewalks, to have all excavations or expo- , sures of any kind protected and guarded by suitable guards by day and by lights at night if necessary, and in case of the failure, neglect or refusal of said parties or any of them to erect such guards and keep the said street, highway or sidewalk well and securely guarded, it shall and may be lawful for the street commissioner or any police officer of said' city forth- with to stop all work upon the said building and im- provement until the said guards are erected and kept in manner aforesaid. SEC. 7. The owner, tenant, lessee or agent in charge of the lot or property upon which any house or building has been destroyed or damaged by fire, CITY ORDINANCES. 187 storm, or freshet, shall, within five days after such damage, remove all obstructions or building mate- rials upon the street or sidewalk adjacent to such property, and place the said street and sidewalk in good order and condition. , SEC. 8. In case of the failure or refusal of any owner, tenant, lessee or any builder or contractor to keep all building materials and obstructions with- in the limits prescribed by the street commissioner or in any case of neglect, failure or refusal of the owner, lessee, tenants or agents in charge of the lot or property upon which any building has been dam- aged or destroyed by fire, storm or freshet, to remove all obstructions or building materials upon the street or sidewalk adjacent to such property within five days after such damage, it shall and may be lawful for the street commissioner to seize the said building materials, and sell the same to any one who will re- move the same, or at public auction to the highest bidder for' cash upon twenty-four hours notice by posting the same in three public places in the city of Stillwater if in his opinion the same may be of greater value than the cost of removal. SEC. 9. Any owner, tenant or lessee of any pro- perty, or any contractor, sub -contractor or builder who shall suffer or permit the public streets, high- ways or sidewalks of said city to be obstructed or en- cumbered contrary to the provisions of this ordinance, or in any manner shall neglect or refuse to perform any of the duties required thereby, shall, upon con- viction thereof, be punished by a fine not exceeding one hundred dollars, nor less than five dollars, for each offence. This ordinance to take effect from and after its publication. Passed March 24, A. D. 1871. .Published. April 25, 1871. 188 CITY ORDINANCES. ORDINANCE No: 13. An Ordinance Relative to Slaughter and Packing Houses. The City Council of the City of Stillwater do Ordain as follows SECTION 1. That no person shall kill, slaughter, dress or pack any cattle, calves, • sheep or swine, or establish a manufactory for candles or soap within the limits of the City of Stillwater, without a permit from the City Council. SEC. 2. Any person desirous of obtaining such 'permit shall apply in writing to the city council stat- ing the business he is desirous to pursue and specify- ing the premises whereon the same is to be conducted. He shall give ten days notice in a weekly newspaper of this city of his intention to apply for such permit, specifying the business and locality. If such applica- tion shall be granted, it shall thereupon be. the duty of the applicant to enter into a bond with two or more securities, to be approved by the city council, in the penal sum of not less than five hundred dollars nor more than two thousand dollars, conditioned, that the said applicant will faithfully comply with all the requisitions of this Ordinance, and for the payment of all penalties which may be incurred by him for any `violation thereof, and upon the execution of said bond it shall be the duty of the Mayor and Recorder to issue a permit to the applicant, which permit shall continue in force for the period of one year from and after the date thereof; and the Recorder shall keep a register of all permits which may be issued. • SEC. 3. No person obtaining a permit as aforesaid shall suffer any bone, offal, blood, liquor from steam tubs or other offensive matter, to fall or run upon the CITY ORDINANCES. 189 ground, or place or suffer to remain on his premises as aforesaid, any bones, filth, offal, blood, or offensive matter, for a longer period than twenty-four hours from the first day of May to the first day of Novem- ber, nor more than forty-eight hours during any other part of the year, but he shall collect the same and so bury them or otherwise dispose of them as not to become a nuisance. SEC. 4. Every person who shall have obtained a permit as aforesaid, shall, at all times, keep his premi- ses in a clean,.healthy and inoffensive condition, and no person shall steam or boil any animal substance, when such steaming or boiling shall taint the air so as to render it offensive to the inhabitants of the city. SEC. 5. Any person violating any provisions of this Ordinance shall, on conviction thereof, be pun- ished by a fine hot exceeding one hundred dollars. This ordinance shall take effect from' and alter its publication. Passed March 24, 1871. Published April 25, 1871. ORDINANCE No. 14. An Ordinance relative to Bread. The City Council of the City of Stillwater do Ordain as follows SECTION 1. That all bread manufactured by any person in said city for sale, or offered for sale, or sold in said city, shall be made of good and wholesome flour or meal into loaves of one or two pounds avor- dupois weight, and each loaf shall be marked with 190 CITY ORDINANCES. the namber indicating the weight of said loaf, and also with the initial letters of the baker thereof. SEC. 2. That the Chief of Police shall be inspector of bread, and it is hereby made his duty at all season- able hours, and not less than once in each month, to enter and examine each baker shop or other building in said city, where bread is baked, deposited or offered for sale, and also to stop and examine any person or vehicle carrying bread for sale in said city. And if on such examination he shall find a person guilty of violating any provision of the first section of this ordinance, he shall take him before one of the Justices of the Peace of said city, with the bread made in vio- lation of said section, and if said person shall be found guilty by said Justice, said bread shall become forfeit- ed to the use of said city. No person shall -resist the inspector of bread in discharge of any duty imposed by this Ordinance. SEC. 3. Any person violating any provision of this ordinance shall, on conviction thereof, be punish- ed by a fine not exceeding twenty-five dollars. This ordinance shall be in force from and after its publication. Passed March 24, A. D. 1871. Published April 25th, 1871. ORDINANCE No. 15. An ordinance to Regulate the Running of Pigeon -Hole Tables. The. City Council of the City of Stillwater do Ordain as follow s. SECTION 1. Any suitable person, upon 'application made to the Mayor or City Council, may, receive a CITY ORDINANCES. 191 license, to keep a pigeon -hole table or other like table within the city of Stillwater, at any house or saloon in said city, upon payment to the City Treasurer of the sum of ten dollars, for such house or saloon, to be designated in said license, provided that such table shall not be used for the purpose of gaming. No license shall be issued by the Mayor and Recorder for a less term than one year, nor until they have pre- sented to them the City Treasurer's receipt for the money., SEC. 2. If any person or persons within the cor- porate limits of said city of Stillwater, without having a license therefor• as provided in the preceding section, shall keep at any saloon or house anY pigeon -hole table, or any table of like nature, to be used by any person or persons except the family of such keeper, or shall suffer or permit any game or games to be played upon such table for money, such person or persons shall, on conviction before one of the Justices of the Peace of said city, be fined not less than five nor more than twenty dollars. This ordinance to be in force from and after its publication. " Passed March 24, 1871. Published April 25, 1871. ORDINANCE No. 16: An Ordinance relative to Billiard Tables and Bowling Alleys. The City Council of the City of Stillwater do Ordain as follows . SECTION 1. That no billiard table in a saloon or room for the purpose of public amusement, nor bowl- 192 CITY ORDINANCES. ing alley, nine or ten pin alley, or by whatsoever name the same may be called, shall be allowed or kept with- in the limits of the city of Stillwater, -whether in con- nection with any other business, separate or other- wise, without license therefor first had and obtained from the City Council. SEC. 2. The amount to be paid for such license shall be twenty-five dollars a year for each and every billiard table, and a like sum for each and every bowl- ing alley or ten pin .alley. SEC. 3. Application for such license shall be made to the City Council at any regular meeting thereof ; and if the same shall be granted the person or per- sons so applying shall, upon the presentation of the City Treasurer's receipt for such license, be entitled to receive"the same duly signed by the Mayor and countersigned by the Recorder of said city. SEC. 4. Any person guilty of violating the pro- visions of this ordinance shall, upon conviction there- of, be liable to pay a fine not less than ten nor more - than twenty dollars. This ordinance to be in force from and after its publication. Passed March 24, A. D. 1871. Published April 25, 1871. ORDINANCE No. 17. An Ordinance granting certain land owned by the City, for use of Public Streets. The City Council of the City of Stillwater do Ordain as follows• SECTION 1. That all that part of lots number nine (9) and twenty-five (25), in block number twenty-nine CITY ORDINANCES. 193 (29), of -the original town (now city) of Stillwater, as surveyed and platted by Harvey, Wilson, and of rec- ord in the office of the Register of Deeds in and for said county of Washington, bounded as follows, to - wit: Beginning at a point in the east line of Second street, at the northwest corner of a tract of land heretofore sold and conveyed by Socrates Nelson and, wife, to the said City of Stillwater, and running thence easterly at right angles to Second street, one hundred (100) feet; thence south sixteen degrees and thirty minutes, (16 deg. 30 min.) east twenty (20) feet; thence south seventy-three degrees and thirty minutes (73 deg. 30 min.) west one hundred (100) feet to east line of Second street; thence northerly along the said east line of Second street twenty (20) feet, to place.of beginning, be, and the same is hereby grant- ed, set apart and dedicated to the use of the public, as a public street, forever. SEC. 2. The said street, from Second street easter- ly, of which the above granted premises form a part, shall be called and known as Nelson street. SEC. 3. This ordinance shall take effect from and after its publication. Passed Aug. lst, 1871. Published Aug. 8, A. D. 1871. ORDINANCE No. 18. To repeal all Ordinances passed prior to March 24, T871, with certain exceptions. The City Council of the City of Stillwater do Ordain as foliows SECTION 1. That all ordinances and parts , of ordi- nances of said city, passed prior to the date of March 24th, A. D. 1871, excepting those hereinafter named 194 CITY ORDINANCES. be and the same are hereby repealed. The ordinan- ces excepted from the above repeal are entitled as follows, to wit : • "An ordinance relative to Peddlers," passed. May 6th, 1854. "An ordinance relative to Dogs," passed April 19th, 1856. "An ordinance relative to granting aid for the con- struction of a railroad. between Stillwater and St. Paul via White Bear Lake," passed May 8th, 1869. "An ordinance relative to the granting of licenses," passed June 7th, 1869. "An ordinance regulating the sale of intoxicating liquors by Druggists," passed Sept. 6th, 1869. "An ordinance establishing a Board of Health and defining its powers and duties," passed Aug. 2d, 1870. "An ordinance to vacate a part of Pine street in Gray & Slaughter's Addition to Stillwater," passed Aug. 16, 1870. "An ordinance relative to animals running at large," passed. Sept. 1st, 1870. SEC. 2. This ordinance shall take effect from and after its publication. Passed August 15, 1871. Published. August 15th, A. D. 1871. ORDINANCE No. 19. An Ordinance Relative to Contagious Diseases. The City Council of the City of Stillwater do Ordain as follows: SEC. 1. It shall be the duty of every practicing phy- sician or other person who shall attend upon or have under his care, or become or be directly and personally cognizant of the existence of smallpox, varioloid, chol- CITY ORDINANCES. 195 era, or any other infectious, malignant or contagious, diseases within the city of Stillwater, to give imme- . diate notice thereof in writing to the City Recorder or the chairman of the Board of Health, specifying the nature of the disease, the name of the person or persons afflicted therewith, (if known to him,) and the house or place where such infectious, malignant or contagious disease exists. SEC. 2. Any practicing physician or other person, who shall wilfully fail or neglect for more than twenty-four hours to give the notice required to be given by him or them by the provisions of the forego- ing section, shall, upon conviction, be punished by a fine of not less than twenty-five dollars, nor more than one hundred dollars for each offence. • SEC. 3. This ordinance shall be in force from and after its publication. Passed April 22, 1872. Published March 11, A. D. 1873. ORDINANCE 'No. 20. An Ordinance Relating to the Fire Department. The City Council of the City of Stillwater do O,dain as follows. SECTION 1. The Fire Department of the City of Stillwater shall consist of a Chief Engineer, two Assist- ant Engineers, one of whom shall be called the First Assistant Engineer, and the other the Second Assis- tant Engineer, such Fire Wardens as are hereinafter provided for, and the officers and members of such Fire Companies as shall be organized in said city of Stillwater, by authority of the city council. 196 CITY ORDINANCES. SEC. 2. The members of the city council shall be ex officio Fire Wardens, and the city council shall ap- point three or more additional Fire Wardens, and at every fire every such appointed Warden shall report himself to the Chief Engineer and be subject to his directions and the directions of the Assistant Engin- eers of the Fire Department. It shall be the duty of said Fire Wardens to protect the hose from injury by being trodden upon or driven over" or in any other manner, and to keep all idle and suspected persons from the vicinity of the fire, and also to use all pro- per exertions for the preservation of goods and other property endangered at fires; and all citizens are here- by enjoined and required to comply with the direc- tions of the Chief and Assistant Engineers and Fire Wardens at any fire in said city. SEC. 3. All the Engineers at any alarm of fire shall immediately repair to the place where the same is, and report themselves to the person having com- mand of the Fire Department for the time being, under a penalty for every wilful neglect not exceeding fifty dollars. SEc. 4. The Chief Engineer shall have full power control and command over all persons whatever at any fire, and in his absence the First Assistant En- gineer shall perform his duties; in the absence of the Chief and First Assistant Engineer, the Second Assistant Engineer shall perform the duties of the Chief Engineer, and in the absence of all the engin- eers, the Mayor of the city shall act as Chief Engin- eer. SEc. 5. It shall be the duty of the Chief Engineer to direct at all fires all such measures as he may deem advisable for the effectual extinguishment of the same, CITY ORDINANCES. 197 and also, once in every six months, to examine the condition of the fire engines and other, apparatus; to- gether with the engine houses belonging to the cor- poration, and report the same to the city council, accompanied by the number and names of all the members of the Fire Department, and the respective associations to which they belong, which may an- nually be published by the Recorder in some newspa- per of said city, in the discretion of the council. Whenever any of the fire engines or other fire appa- ratus shall require to be repaired, -the Chief Engineer shall cause the same to be well and efficiently done; and he shall report in writing once in every six months, all accidents of fire that may happen in said city, with the cause thereof as well as can be ascer- tained, and the number and description of the build- ings destroyed or injured, together with the names of the owners and occupants, to the city council, and the Recorder shall keep a faithful register of the same. SEC. 6. Whenever twenty persons possessing re- quisite qualifications, shall petition the city council for leave to form a Fire Company, the council shall take the same into consideration, and if the council shall thereupon so order, the persons petitioning shall be formed into a Fire Company and shall become members of the Fire Department of this city, with all the rights and privileges appertaining to the same, and each Company so formed shall have the right to select their own members in such manner as they by their by-laws may provide. SEC. 7. The fire engine men may be divided into companies, to consist of as many members as the city council shall direct, one of which companies shall be assigned to each of the fire engines belonging, or that 198 CITY fla,DINANCEs. may belong, to the city, and each of said companies shall and may choose out of their own members a Foreman, Assistant, and Clerk, in such manner and at such times as they may deem proper. And it shall be the duty of such fire engine men, as often as a fire shall break out in said city, to repair immediately upon the alarm thereof, to their respective fire engines and convey them to such place or places as they may be directed by their proper officer, and in conformity with the directions given them by the chief or assis- tant engineers, shall work and manage 'the said fire engines; hose, and other implements and instruments thereto belonging, with all their skill and power, and when the fire is extinguished shall not remove there- from but by the direction of the chief engineer or assistant engineer, which direction being obtained, they shall return with their respective fire engines, hose and other implements to their several places of deposit, and as soon as may be thereafter, wash and clean the same, and for the more effectual keeping and preserving the fire engines from decay, the fire engine men shall, when the season of the year will permit, by order of the chief engineer, draw out said fire engines in order to cleanse, wash and exercise them, and if anrfire engine man shall wilfully neg- lect said duty, he shall forfeit and pay for every de- fault, One dollar; and when he shall wilfully neglect to attend any fire as aforesaid, or leave his fire engine while 'at any fire without permission, or fail to per- form his duty on such occasion without reasonable excuse, he shall for every such default forfeit and pay a sum not exceeding five dollars, and may also be re- moved and displaced from his station. - ' SEC. 8. The hose, hook, ladder, axe, and bag inen, shall be divided into companies to consist of as many CITY ORDINANCES. 199 members as the city council shall direct, and each company shall choose out of their own members a Foreman, Assistant, and Clek, in such manner and at such times as they may think proper, and it shall be the duty of such hose, hook, ladder, axe and bag men to cause their hose, hook, ladders and other im- plements to be conveyed to the place where any fire may happen, and apply and use the same agreeably to such directions as they may receive from the chief engineer or assistant engineer, and after such fire shall be extinguished to return the same when dismiss- ed by the chief engineer to the place or places where theisame are usually deposited, and as soon as may be thereafter wash and cleanse the same; and if any hose, hook, ladder, axe or bag man shall wilfully neg- lect to perform any of the duties aforesaid, he shall• forfeit a sum not exceeding five dollars for every such neglect and may also be removed and displaced from his station. SEC. 9. The Chief Engineer shall wear a painted leather cap with the words "Chief Engineer" painted on the front thereof, and shall also carry a' bright speaking trumpet with the words "Chief Engineer" painted thereon. SEC. 10. The Assistant Engineers shall wear paint- ed leather caps, with the words "Engineer No.1" and "Engineer No. 2" painted•on the front thereof; they shall also carry a speaking trixnpet with the words "Engineer No. 1" and "Engineer No. 2" painted thereon. SEC. 11. The Foreman and Assistant Foreman of the Engine, Hose and Hook and Ladder Companies shall wear caps, and the same shall be distinguished in the manner following: The cap of each Foreman 200 CITY ORDINANCES. shall have the word "Foreman" painted on the front of the salve, together with the number of the engine or company to which he may belong, and each mem- ber of an Engine, Hose or Hook and Ladder Com- pany shall have the number of the engine or com- pany to which he belongs painted on the front of his cap. , SEC. 12. All personswho at a fire shallrefuseto obey any order or directions given by a person duly author- . ized to order or direct, or who shall resist or impede any officer or member of the fire department in the discharge of his duty, shall, in the absence of suffi- cient excuse be, punished by a fine not exceeding fifty dollars. Any member of the city council or any Fire Warden may arrest and detain any such person or persons until such fire is extinguished. SEC. 13. It shall be lawful for the Foreman or Assistant Foreman of any fire engine or other fire company, or for the Chief Engineer, Assistant Engi- peer, or any Fire Warden, to require aid of any citi- zen or inhabitant in drawing any engine or other ap- paratus at the time of a fire, or the aid of any_by- stander at the fire to work any engine or 'apparatus at the same, and on a neglect or refusal to, comply wish such requisition the offender shall pay a penalty not exceeding ten dollars. SEC. 14. If any person shall wilfully injure in any manner, or shall at any time interfere, without com- petent authority, with any fire engine, hose or other apparatus, or building containing the same, belonging to the city, the offender shall, for every such offense, forfeit and pay not less than twenty nor more than one hundred dollars, besides.being hable to an action for the recovery of the damages done. SEC. 15. The Chief of Police and every constable shall repair immediately on the alarm of fire to the CITY ORDINANCES. 201 place where the fire may be, if within the city, and report himself to any member of the city council for the preservation of the public peace and the removal of all idle and suspected persons and for the protec- tion of property in the vicinity of the fire, and if the Chief of Police or any constable shall wilfully neg= lect to comply, with the provisions of this section, he shall pay a fine of not exceeding fifty dollars and be subject to removal from office. SEC. 16. The hook and ladder and ax men shall under the direction of the Chief Engineer and two members of the city council present, or in the absence of the Chief Engineer, then under the direction of an Assistant Engineer, and two members of the city council, or in the absence of all the Engineers, then under the direction of three members of the city council, if so many are present, cut down and remove any building, erection or fence for the purpose of checking the progress of the fire. SEC. 17. Semi -annually —in the months of March and September —all fines provided by this ordinance shall enure to the benefit of the fire department when collected, after deducting all costs and expenses incurred in the prosecution thereof. SEc. 18. Any persons having charge of any engine or fire apparatus, who shall suffer or permit' the same to be applied to private use without the consent of the mayor, chief engineer, or the city council, shall forfeit and pay a penalty not less than ten dollars nor more than one hundred dollars, and shall also be liable for the damages occasioned. thereto. SEC. 19. There shall be a, meeting of the members of all the organized fire companies on the first Mon- day of June in ,each year at such place, as said com- 202 CIrY ORDINANCES. panies may agree upon, or as shall after the first meet- ing be designated by the chief engineer, when they may nominate and recommend to the city council for appointment one chief engineer, and first assistant and one second assistant engineer, which persons shall be selected from the members of such fire companies, and upon such nomination being duly certified to the city council the council shall confirm and appoint the persons so nominated to the said offices respec- tively, and the persons so chosen shall hold their offices one year, and until their successors shall be appointed, unless suspended or expelled from office by a two-thirds vote of the fire department, confirm- ed by the action of the city council, and shall have and exercise the power and duties conferred and pre- scribed by this ordinance. In case a vacancy shall occur in either of said offices, the members of said fire companies may, at a meeting duly called for that purpose, nominate a person to fill such vacancy, and the same being certified to the city council, shall be appointed and confirmed to the office until the next annual meeting, and until his successor shall be ap- pointed, as hereinbefore prescribed. SEC. 20. This Ordinance shall take effect and be in force from and after its publication. Passed May 27, A. D. 1872. Published March 12, 1873. ORDINANCE No. 21. An Ordinance .Relative to Railroads. The City Council of the City of Stillwater do Ordain as follows • SEC. 1. That no railroad company or corporation or their agents or employes shall run locomotives or CITY ORDINANCES. 203 train of cars or single car within the limits of the city of Stillwater at a greater rate of speed than five miles per hour, nor without having and ringing a bell on the front of said locomotive, train or car at all times when in motion, of sufficient size to give notice to all persons on or in the vicinity of the railroad track of the approach of said locomotive, train or car. Pro- vided, That in all cases when for the purpose of taking heavy trains of freight out of said city on the up grades, it shall be necessary the said locomotives and their trains may run at a rate of speed not exceeding ten miles per hour. Sec. 2 Whenever so required by a resolution of the City Council of said city, it shall be the duty of every railroad company whose track crosses or runs contiguous to any street or road in the city limits to keep and employ a flagman at such a point on such particular street or road as the City Council may direct, and such flagman shall give the necessary warning of the approach of all locomotives, trains or cars to avoid danger to persons and property. SEC. 3 Whenever the public safety may require it, and whenever so directed by a resolution of the City Council, it shall be the duty of the several railroad companies running trains or cars or locomotives with- in the city limits, to construct, keep and maintain good and sufficient lamps along the lines of their roads at such points, and shall keep the same lighted during such hours and times as the City Council niay direct. Such lamps shall be placed upon the tops of posts of the same height and dimensions as those used for the street lamps of said city. SEC. 4. In case of the neglect or refusal of any railroad company or corporation to comply with any resolution of the city council under the provision of 204 CITY ORDINANCES. the foregoing section, said council may cause the construction and lighting of said lamp or lamps at the expense of said railroad company, and may re- cover the cost thereof, with damages and penalties, by prosecution before any court of competent juris- diction. ' SEC. 5. No railroad company, nor their agents or employes, nor any other person, shall obstruct any public street. or highway with locomotives, cars, freight, goods, wares or merchandise, nor in any way obstruct the free passage for vehicles and foot pas- sengers through the public ways, grounds, streets or alleys of said city; nor shall any railroad company or corporation, their officers or employes, be permitted to stop a train of cars or car, or locomotive, on any street except to prevent accident in case of imme- diate danger. SEC. 6. No railroad company nor their , employes shall excavate or fill any street, way or alley, nor con- struct their road in or across the same or any part thereof, nor use the same for any purpose whatever without first complying with the following condi- tions, viz : 1st. Said railroad company shall, before commenc- ing to make any excavation or fills, or encroach upon any street, road; alley or public property, submit to the City Council a full and explicit plan of the con- templated work, and obtain the permission of the City Council for the proposed work. 2d. After such permission has been granted by the City Council, such work shall be commenced forth- with and completed within such time as the Council may designate. CITY ORDINANCES. 205 3d. Upon the completion of such work the same shall be submitted to the City Council or such com- mittee as it may designate, and when completed to the satisfaction of said Council, the said railroad company may proceed to use the same, and not otherwise. 4th. The approaches to any railroad crossing upon any street, way or alley, shall be constructed on a grade of not more than six feet in one hundred feet for the full width of the street, way or alley, and shall be kept in good repair by the railroad company, and at its cost and expense. 5th. The railroad tracks at such crossing and their approaches for three feet or more, shall be prop- erly planked by two and one-half inch plank, for the full width of such street, way or alley, to be laid even with the tops of the rails. The space between the planking and the rail shall not exceed two inches; said planking shall be removed whenever ordered by the city council. SEC. 7. All railroad companies having any railroad crossing near any traveled street, way or alley, in the city limits not ' in accordance with the regulations contained in this ordinance, are hereby required to make the same conform thereto at once and not later than four weeks from the passage of this ordinance. SEC. 8. Any railroad company or corporation or their agents, conductors, engineers or employes, or any other person or persons who shall violate or re- fuse or neglect to comply with any of the provisions of this ordinance shall, upon conviction thereof be- fore any court of competent jurisdiction, be punished by a fine of not less than twenty-five dollars nor more 206 CITY ORDINANCES. than one hundred dollars, or by imprisonment for not less than ten nor more than thirty days, or both, as such court may adjudge. SEC. 9. This Ordinance shall take effect and be in force from and after its publication. Passed July lst, 1873. Approved July 2d, 1873. Published July 5, A. D. 1873. ORDINANCE No. 22. An Ordinance relative to the dedication of certain lands owned by the City of Stillwater, for the pur- pose of extending Fourth Street in the original town to Fourth Street in Carli & Schulenberg's Addition. ' The City Council of the City of Stillwater do Ordain : SECTION .1. That all that part of a certain tract of land'in the city, of Stillwater, Washington county, State of Minnesota, heretofore sold and conveyed by Dwight M. Sabin and wife to the said city of .Still- water, bounded as follows, to wit : beginning at the northeast corner - of block four (4) . in the original town, now city, of Siillwater, as surveyed and platted by Harvey Wilson, and of record in the office of the Register of Deeds in and for said county of Washing- ton, thence running north sixteen degrees and thirty minutes (16 deg. 30min.), west one hundred and for- ty-seven and two -tenths (147 2-10) feet, thence north two hundred and twenty-three and four.tenths (223 4-10) feet, thence east sixty (60) feet, thence south two hundred and fourteen and two -tenths (214 2-10) feet, thence south sixteen degrees and thirty minutes 116 deg. 30 min.), east one hundred and forty and one- CITY ORDINANCES. 207 tenth (1401710) feet, thence south seventy-three de- grees and thirty minutes (73 deg. 30 min) west sixty' (GO) feet to the place of beginning, be and the same is hereby granted, set apart and dedicated to the use of the'public as a public street forever. SEC. 2. That the above granted premises shall form an extension of Fourth street in the original town, now'city, of Stillwater, to connect with Fourth street in Carli & Schulenberg's Addition. SEC. 3. This ordinance shall take effect and be in force from and after its publication. Passed Sept. 2d, 1873. Published Sept. 5th, A. D. 1873. ORDINANCE No. 23. An Ordinance Relative to Auctioneers. The City Council of the City of Stillwater do Ordain as follows: SECTION 1. Whoever shall sell or offer for sale any goods, wares, merchandise, personal property or real estate, or any interest in the same or either of the same, within the limits of the city of Stillwater, at public outcry or auction, or shall advertise or rep- resent himself as an auctioneer, is hereby declared to be an auctioneer. SEC. 2. No person shall exercise the business or trade of an auctioneer, or sell property at public auc- tion or outcry, without first obtaining a license there- for from the mayor or city council of said city as herein provided. SEC. 3. The price to be paid for such license is hereby fixed at thirty dollars ($30) per month and one 208 CITY ORDINANCES. hundred and fifty dollars per year; no license shall be granted for a longer time than one year, nor shorter period than one month, save as hereinafter provided. Whenever an actual resident who has resided in the city for at least three months previous to his applica- tion, may desire to sell his property at auction, a spe- cial license may be granted to an auctioneer to make such sale for a shorter period than one month, at not less than three nor more than ten dollars per day, the license to be authorized and the amount to be fixed by the mayor or city council. Before such license shall, be issued, the party ap- plying for the same shall pay to the city treasurer the amount of such license, taking his receipt there- for, and shall execute a •bond to the said city to be approved by the mayor, in the penal surn of one thousand dollars, conditioned that such auctioneer will conduct such business in accordance with the laws of the State of Minnesota and the Charter and Ordinance of said city, and abide by all Ordinances, By-laws and Resolutions of the city council with reference to such business, and well and truly pay over all moneys, and duly account for all property that may come into his hands as such auctioneer, to the person or persons authorized to receive the same; the said license shall specify therein the particular place, store or building wherein such auctioneer may prosecute such business. SEC. 4. No license shall be transferable except by the consent of the City Council, and in such case the person to whom such license may be transferred, shall give the necessary bond, and comply with all the regulations and provisions of this ordinance; nor shall the license authorize the person to whom the CITY ORDINANCES. , 209 same is transferred, to sell at any other place of busi- ness, buildings or stores th4n that specified in such license, or at more than one place of business;• Pro- vided, however, That when an auctioneer so licensed desires to change his place of business, the Mayor of said city is authorized to substitute in such license the place of business so changed, by a proper indorse- ment; And provided, That any licensed' auctioneer aforesaid may sell at auction real estate, property be- longing to the estate of residents, and second-hand household furniture, horses,'mule§, cattle and domes- tic animals, when such cumbrous articles shall weigh over five pounds, and any stock of merchandise when the value of such stock of merchandise shallexceed one hundred dollars at the place where the same may be situated. SEc. 5. All sales made at public auction by virtue of legal process, shall be exempt from the operation of the provisions of.this ordinance. • SEC. 6. Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by fine of not less than, twenty nor more than one hundred dollars. SEC. 7. Ordinance No. 17 of said city entitled. "An Ordinance 'Relative to Auctioneers," passed March 24th, 1871, and all amendments thereto, and all ordi- nances and parts of ordinances conflicting with the provisions of this ordinance, are hereby repealed. SEC. 8. This ordinance shall take effect and he in force from and after its publication. Passed April 28th, 1874. Published. May 1st, A. D. 1874. 210 CITY ORDINANCES. ORDINANCE No. 24. Granting to certain persons the right to manufacture and sell Gas in the City of Stillwater. The City Council of the City of Stillwater do Ordain as follows: SECTION 1. That John MoKusick, Isaac _Staples, D. M. Sabin, Joseph Schupp, and C. H. Nash, and their heirs, executors, administrators and assigns, shall have for the period of 'forty (40) years. the ex- . elusive right and privilege of manufacturing and sell- • i.ng gas, to be made from coal oil or other materials in the city of Stillwater, and to have the exclusive right to lay pipes for the purpose of conducting gas in any of the streets, avenues, alleys, squares and public grounds of said city, and to adopt any other means necessary to furnish gas to the inhabitants of said city, it being understood this ordinance is not to interfere with the right'of any person or persons to light his or their building or manufactories with gas manufactured by the owner or occupant of said build- ing for that purpose. SEC. 2. That said persons named in the first sec- tion of this ordinance, their heirs, executors, admin- istrators and assigns, shall have the right by them- selves, or their employes, agents and servants, to enter upon any of the streets, avenues, lands, alleys, squares and public grounds of said city, and to dig up the same and to use such means as may be necessary to lay the gas pipes through the same. Provided, That such work shall be dope in a manner that will cause as little inconvenience as possible to the citi- zens of said city -and shall not interfere with the sewers, water pipes or hydrants in said city; and while making excavations in the. streets and cross- CITY ORDIjVANCES. Lill ings they shall keep the same reasonably and properly guarded and protected to prevent accidents to persons .using such streets. And it is further provided, That such persons, their heirs, executors, administrators and assigns, and any person or persons constructing such work, shall be responsible for any damage or injury to the city or to individuals by reason of any negligence of themselves, their servants or contrac- tors in respect to the construction, management or maintainance of such works, and that the streets shall be left in as good condition. as they were before be- ing so dug up. Provided further, That such gas pipes shall in all cases be laid below the grad6 of the streets, avenues, lanes and alleys in said city,- as the same .now is or may be established. SEC. 3. That said persons hereinbefore named, their heirs, executors, administrators or assigns, shall commence the construction of their works within six months from the passage of this ordinance, and shall, within eighteen months from the passage thereof, have not less than half a mile of pipe laid in said city of Stillwater, and gas works erected and. be ready to furnish gas to those applying for it, and shall furnish gas to the corporation and, citizens of 'said city when- ever and wherever required, to the extent to which they may have their pipes laid, at rates not exceeding the average price charged by gas companies in other cities in the State of Minnesota, manufacturing the same quality of gas, regard? being had to freight and charges for -the materials for the manufacture of gas. In case of disagreement between the persons herein - before named, their heirs, executors, administrators or assigns, and the city council of said city, as to the price to be charged for gas to be furnished to said corporation, the same shall be 'determined by the 212 CITY ORDINANbES. arbitration and award of three disinterested per- sons, ` to be selected as follows, viz : The City Council of said city and the persons named. in section one of this ordinance, their heirs, execu- tors, administrators or assigns, shall each select one person, and the two so selected shall select a third, and the said three arbitrators so selected shall, with all convenient dispatch, proceed to hear the proof and allegations of the respective , parties and shall thereupon name and fix a price by report in writing which shall be signed by a majority of them, which price shall be paid by the city for the use of gas during such time as may be agreed upon and sub- mitted to arbitration, and not less than one year, and t`1ie determination of such arbitrators, or a majority of them, shall be binding on both parties for the term submitted. During the pendency of such arbitration, the persons named in section one, their heirs, execu- tors, administrators or assigns, shall furnish gas to said corporation and shall receive pay therefor at the rate fixed by said arbitrators. SEC. 4. If any person shall wilfully do, or cause to be done, any act whatsoever to injure any machine, pipe or structure whatsoever, or anything appertaining t0 the works erected by the persons named in section one, their heirs, executors, administrators or assigns, or kept, used or designed by them for the purpose of supplying said city or the citizens thereof with gas, whereby the same may be► obstructed or in any man- ner injured or damaged, the person so offending shall, upon conviction thereof before any city justice of said city, be punished by a fine of not less than ten dollars nor exceeding one hundred dollars, or by im- prisonment in the county jail not less than five days nor exceeding ninety days, or by both such fine and imprisonment. CITY ORDINANCES. 213 SEC. 5. Any failure on the part of the persons named in the first section of this ordinance, their heirs, executors, administrators or assigns, to com- ply with thre provisions of sections three and eight of this ordinance, shall work a forfeiture of all rights and privileges by this ordinance granted. SEC. 6. If at the expiration of forty years the said city council shall desire to purchase said gas works, they shall have the privilege of doing so upon the fol- lowing terms, viz : That said city may purchase,he gas works, pipes, fixtures, and other property pertaining to said business, at the actual value of the same, said value to be fixed by three arbitrators, to be chosen as provided in section three of this ordinance, and the value fixed by said three arbitrators, or a majority of them, shall be the price at which said city may pur- chase such property. SEC. 7. Should. the city council decline to pur- chase at the valuation fixed as aforesaid, then the rights, privileges and franchises herein granted shall be continued to the persons named in section one of this ordinance, their heirs, executors, administrators or assigns, for the period of twenty year longer, sub- ject to the terms and conditions in this ordinance specified. SEC. 8. The gas manufactured and furnished by the persons named in. section one of this ordinance, their heirs, executors, administrators or assigns, shall at no time be of a quality or standard less than what is known as ten (10) candle gas. SEC: 9. This ordinance shall take effect and be in force from and after its publication. Passed May 12th, 1874. Published May, 12, A. D. 1874. 214 CITY ORDINANCES. ORDINANCE No. 25. . An' Ordinanee'Relative to Vagrants. The City Council of the City of Stillwater do Ordain as follows: SECTION 1. A. vagrant is hereby defined to be any male person over the age of fifteen years, or female over the age of sixteen years, who has no visible means of support, and lives idly without employment or any settled place of abode, or loiters about saloons, bawdy houses, or is found trespassing on private premises of others, and not being able to account for his or her conduct, or is found begging. SEC. 2. Any male or female person who shall be keeper, proprietor, or exhibitor of any gaming. table or device, or assist at any such table or device, shall be deemed a vagrant. SEC. 3. Any person who, for the purpose of gam- ing, travels about from place to place in this city, shall be deemed a vagrant. SEC. 4. Any person having about his person any instrument or things used for the commission of burglary or picking locks or pockets, failing to ac- count for such possession, shall be deemed a vagrant. SEC. 5. Any persons who conduct themselves in an idle or dissolute manner without visible means of support, shall be deemed a vagrant. SEC. 6. Vagrancy is hereby prohibited, and any person who .shall be convicted of being a vagrant or of vagrancy, shall be punished by a fine not exceed- ing one hundred dollars, or imprisonment in the county jail for a period not exceeding ninety days, ' or both such fine and imprisonment, in the discretion of the justice. CITY ORDINANCES. 215 SEC. 7. The Chief of Police is hereby authorized to require all vagrants and all persons suspected of evil designs, to leave the city,within a certain time. If any person so warned fails, neglects or refuses to so leave within the time required, upon complaint and proof thereof being made to the City Justice, such person, unless he can give a satisfactory account of himself to said justice, shall be punished as a vagrant. SEC.- 8. An Ordinance entitled "An Ordinance rel- ative to vagrants," passed March 24, A. D. 1871, and all Ordinances conflicting herewith, are hereby re- pealed. SEC. 9.' This ordinance shall take effect and be in force from and after its publication. Passed. June 2d, 1874. Published June 10th A. D. 1874. ORDINANCE No. 26. An Ordinance Relative to Police. The City Council of the City of Stillwater do Ordain as follows: SECTION 1. It is hereby made the, duty of the Chief of Police, watchmen and policemen of said city, to suppress all riots, disturbances, and breaches of the peace, and to prevent violations of all the ordinances and regulations of said city, and they, or either of them, may, at any time when they deem it necessary, call upon any citizen or citizens for assistance; and it is hereby made the duty of all citizens, when called upon to render such assistance as may be required of them by any policeman, watchman, or peace officer of the city, they may arrest on view any person in the act of violating any of the laws of the State or ordinances of said city. 216 CITY ORDINANCES. SEC. 2. The said policemen and watchmen are hereby authorized to enter any store, saloon or build- ing, open to the public, at all times, if for any reason such officer may desire to do so or deem the same de- sirable in the discharge of his duty, and may enter any house or building where an unusual noise or out- cry is raised, or in which any offender may be sup- posed to be sheltered or to which such offender may have fled. It is made the duty of all watchmen and policemen upon reasonable information to procure the necessary process for'the arrest of any person be- lieved to have committed any offense, and such officer may, without warrant or process, arrest any person upon reasonable'cause for belief that such person has committed a felony or been guilty of a breach of any of the ordinances of the city, and will escape there- from before the necessary process can be obtained. SEC. 3. No person shall use vulgar, obscene, dis- respectful, offensive or, insulting language to any watchman or policeman when on duty, nor shall in any way wilfully disturb, molest, annoy, abuse, resist or obstruct such watchman or policeman when on duty. SEC. 4. Any person violating any of ,the forego- ing provisions of this ordinance shall upon convic- tion be punished by a fine not less than ten dollars nor more than one hundred dollars. SEC. 5. If any person shall wilfully or maliciously „assault, beat, strike or injure any policeman, or other peace officer of said'city when on duty, such person shall upon conviction be punished by fine of not less than twenty dollars nor more than one hundred dol- lars, or by imprisonment in the county jail for a period not exceeding ninety days, or by both such • CITY ORDINANCES. 217 ` fine and imprisonment at the discretion of the justice. SEC. 6. All watchmen and policemen are hereby authorized to carry fire -arms and such weapons as they may deem necessary' to protect themselves in the discharge of their duties and ,enforce obedience to the laws and ordinances, and they may use the same when in the exercise of a sound discretion the same shall be deemed necessary in the discharge of their duties. SEC. 7. This ordinance shall take effect and be in force from and after its publication. Passed June 2d, 1874. Published. June loth, A. D. 1874. ORDINANCE No. 27. An Ordinance Relative to the Employment of Offen- ders on the Public Works. The City Council of the City of Stillwater do Ordain as follows: SECTION 1. That whenever any male person is con- victed and fined by and before any of the justices of said city for any offense under the charter or ordi- nances thereof, and is committed upon non-payment of such fine and costs, said justice may order and sentence such person to be kept at hard labor on the public streets and improvements of said city for a term sufficient at the rate of one dollar per day to pay such fine and costs, not exceeding the term of his commitment. • SEC. 2. All prisoners under sentence to labor on the public streets and improvements of the city, as provided in the preceding section, shall, while so em- ployed, be in charge of a policeman, watchman, street 218 CITY ORDINANCES. commissioner, or some ' person who may be by the mayor appointed for that purpose, and when such prisoner refuses or fails to work as directed by the proper person having him in charge, such person may compelhim to work.Any person refusing to work, or who escapes and is retaken shall, in addition to any other penalties that he may be liable to, forfeit the, time he may have worked, and again work out his full sentance. SEC. 3. Any person may pay his fine at any time after commitment and commencing to labor .as afore- said, deducting such time pro rata.from his fine and costs, and shall thereupon be discharged, and the city justice may at any time discharge a prisoner before his time expires for good conduct, faithful work, or other mitigating circumstances, when deemed reason- able by said justice, and shall make an entry thereof in his docket with the date and reason of such dis- charge. SEC; 4. An ordinance entitled "An ordinance rela- tive to the employment of offenders on the public works," passed March 21, A. D. 1871,,is hereby re- pealed. SEC. 5. This ordinance shall take effect and be in force from and after its publication. Passed June 24th, 1874. Published .July 1, 1874. ORDINANCE No. 28. An Ordinance Relative to Malicious Injury of Proper- ty, and. Other Offences. The City. Council of the City of Stillwater do Ordain as follows: SECTION. 1. That it. shall not be lawful for any per- son, maliciously, carelessly or negligently, to throw CITY ORDINANCES. 219 stones or other missiles on any street, lane, alley, or upon any property not his own, within the limits of the city of Stillwater. SEC. 2. That it shall not be lawful for any boy or person to shoot arrows or coast with sleds on any of the public streets within said city. SEC. 3. That no person shall wilfully or malici= ously or wantonly or without cause, cut down, des- troy or injure any tree, not his own, within the limits of said city, nor break any glass, nor break nor injure any building, fence, wall or gate, not his own, nor any fence enclosing in whole or in ,part, land, not his own, nor open and leave open any fence, bar or gate, in whole or part, not his own, nor maliciously or wantonly destroy or injure any animal or any property not his own. SEC. 4. Any person violating any of the provisions of this ordinance, shall, upon conviction thereof, be punished by fine of not lass than five nor more than one hundred dollars, or imprisonment not more than ninety days, or both such fine and imprisonment, in the discretion of the Justice having jurisdiction thereof. SEC. 5. This ordinance shall take effect and be in force from and after its publication. SEC. 6. An ordinance entitled "An ordinance rela- tive to shooting or casting stones in the streets," passed March 24, A. D. 1871, is hereby repealed. Passed July 7th, 1874. Published July 15th, 1874. 220 CITY ORDINANCES. ORDINANCE No. 29. An Ordinance for the punishment of persons commit- ting the crime of Assault or Assault and Battery. The City Council of the City of Stillwater do Ordain : SEC. 1. Any person who shall wilfully and wrong- fully assault, beat or ill-treat another within the city of Stillwater, shall, upon conviction, be punished by fine not exceeding one hundred dollars or by impris- .J'onment in the county jail not exceeding ninety days, or by both such fine and imprisonment in the discre= tion of the court. SEc. 2. This ordinance shall take effect and be in force from and after its publication. Passed September 7,1875. Published November 27, 1875. ORDINANCE No. 30. An Ordinance Regulating .the Sale of Intoxicating Liquors. The City Council of the City of Stillwater do Ordain es follows: SECTION 1. No person shall sell, give away, or in any manner deal in spirituous, vinous, fermented, mixed or intoxicating liquors within the limits of the city of Stillwater, without having first obtained a license therefor from the city council of the said city -of Stillwater as hereinafter provided. SEC. 2. Any person licensed to deal in spirituous, vinous, fermented, mixed, or intoxicating liquors under this ordinance shall at all times during the con- tinuance of said license, conduct the house, place or CITY ORDINANCES. 221, room where the business so licensed is carried on and conduct their said business therein in an orderly, peaceable and quiet manner, and shall not,permit in said place, house or room any gaming of any descrip- tion, for money, property or other valuable thing; or any unusual noise, disturbance or breach of the peace) and such house, place or room shall be closed on and during Sunday and at and after twelve o'clock at night of each day, and until the hour of four o'clock in the morning of the day following; and no spirit- uous, vinous, fermented, mixed or intoxicating liquors shall be sold, given away, or iii any man- ner dealt in such houses, place or room to any person or persons whatsoever, between twelve o'clock at night and four o'clock in the morning following, nor on Sunday; and therein no spirituous, vinous, fermented, mixed or intoxicating liquors shall be sold, disposed of or given away to any person under the age of twenty-one years, nor to any person who shall be a habitual drunkard or then and there intoxicated. SEC. 3. Any person or persons desirous of obtain- ing a license to sell and deal in spirituous, vinous, fermented, mixed or intoxicating liquors within said city of Stillwater, shall make application in writing by petition to the city council at a regular meeting thereof, specifying in such petition the place, house or room in which he or they propose to carry on said business, and the manner, whether by the glass to be drank on the premises, or by the quantity to be taken away, or both, as the case may be; such petition shall be accompanied by the receipt of the city treas- urer of said city of Stillwater, for the sum of ono hundred and fifty dollars, and by a bond in the penal sum of five hundred dollars, executed to the city of Stillwater, with at least two sureties who shall justify 222 CITY ORDINANCES. on oath according to .law. Said bond shall be con- ditioned that such person or persons if licensed, will at all times conduct such house, place or room so licensed as aforesaid, in an orderly, peaceable and quiet manner, and not permit therein any gaming of any description, for money, property or other things, or any unusual noise, disturbance or breach of the peace. That such house, place or room shall be closed on and during Sunday, and at and after twelve o'clock at night of each day, and until the hour of four o'clock in the morning of the day following, and that therein no spirituous, vinous, fermented, mixed or intoxicating liquors shall be sold, given to, or dis- posed of to any person then being intoxicated, or who shall be an habitual drunkard, or an intemperate person, or to any minor or person of unsound mind, and that he will sell and deal in such liquors only in the manner specified in said. license. SEC. 4. Upon the reception of any such petition, receipt and bond,.the city council shall consider the same, and if the petition is allowed, shall cause to be made an order in the minutes of its proceedings, ap- proving said bond, accepting said receipt, and allow- ing such petition. If such petition is allowed a license signed by the mayor of said city and counter- . signed by the city clerk shall be issued to said appli- cant authorizing him or them to sell or deal in. spirit- uous, vinous, fermented, mixed and intoxicating liquors at that one certain place, house or room in said city designated in the order of said city council, and in the manner in said- order designated, for the period of one year, which said license shall not be assignable or transferable. If such petition is not allowed, the city council shall cause to be made in the minutes of the proceedings an order disallowing CITY ORDINANCES. 223 the same, and thereupon the city clerk shall deliver to such person or persons such receipt and bond, and the treasurer of said city shall pay to said person or persons the money paid by him or them, and no other petition, receipt and bond or either shall be consider- ed or received by the city council from said person or persons for three months next ensuing. SEc. 5. The city council' shall provide, and the clerk -of said city shall keep a book in which, upon the signing of any such license and before its delivery to the person or persons licensed thereby, the clerk shall record the same in full and shall annex to such record of such license a certificate under the hand'of such clerk and the seal of said city, certifying that such record is a full, true'and correct record of such license, and showing the day the same was recorded, and such record and certificate shall in all prosecutions against said person or persons and proceedings by or between said city, and said person or persons on ac- count of said petition, . receipt, bond or license, or all of them, be competent evidence of such license and anything therein contained, and shall be admissable in lieu of said license as original evidence. SEC. 6. If any of the conditions of said bonds shall be violated by the person or persons holding the said license, the obligator and his securities shall forfeit and pay to the city of Stillwater the sum of fifty dol- lars, to be recovered in a civil action on said. bond. The city council may thereupon or upon the convic- tion of the person or persons so licensed of any viola- tion of this ordinance, revoke and vacate such license and the collection of the same shall in no wise release the said party from any penalty as hereinafter pres- cribed for any breach or violation of this ordinance. 224 CITY ORDINANCES. SEC. 7. Any person guilty of violating any of the provisions of this ordinance shall, upon convic- tion thereof, forfeit and pay to the city of Stillwater, a fine of not less than ten dollars nor more than one hundred dollars. SEC. 8. An ordinance entitled an ordinance regu- lating the sale of intoxicating liquors passed Decem- ber 1st, 1874, and also an ordinance entitled an ordi- nance regulating the sale of intoxicating liquors, passed, July 14th, A. D. 1874, with all the amend- ments thereto are hereby repealed. SEC. 9. This ordinance shall take effect and be in force from and after its publication. Passed Nov. 4, 1875. Published Nov. 20, 1875. An Ordinance to amend an Ordinance entitled "An Ordinance Regulating the Sale of Intoxicating Li- quors," published November 20, A. D. 1875. The City Council of the City of Stillwater do Ordain as follows: SECTION 1. That section six of an ordinance enti- tled "An Ordinance regulating the sale of intoxica- ting liquors," published November 20th, A. D. 1875, be and the same is hereby amended so as to read as follows: SEC. 6. If any of the conditions of said bond shall be violated by the person or persons holding the said license, the obligator and his securities shall forfeit and pay to the city of Stillwater the sum of fifty dollars, to be recovered in a•civil action on said. bond; Provided, That the city council may at any time during the continuance of said license revoke and CITY ORDINANCES. 225 annul the same for the unexpired term thereof; And provided further, That the collection of the forfeiture above provided for, shall not release the party paying the same from any penalty incurred for any breach of this ordinance. SEC. 2. There shall be added to said ordinance a section which shall be numbered section ten and shall read as follows : SEC. 10. Whenever the mayor shall, in his discre- tion, deem the public welfare to require it, he may order and require all persons being duly licensed under the provisions of this ordinance to suspend their business of selling, vending or giving away spirituous, vinous and fermented liquors, for a time therein specified, not to exceed 10 days from the date of said order; said mayor may repeat said order from time to time as in his discretion, the exigencies of the case require. Said order may be promulgated by verbal notice during the time that any order is in force; It shall be unlawful for any person or persons to vend, give or deal in spirituous, fermented or vinous liquors within the limits of the city of Still- water; Provided, That the order herein provided for shall not continue in forceformore than thirtyconsecu- tive days at any one time. Whoever offends against the provisions of this section shall, upon conviction, be punished by fine of not less than fifty dollars, nor more than one hundred dollars, or by imprisonment not to exceed ninety days, or by both such fine and imprisonment, in the discretion of the court. SEC. 3.. This ordinance shall be in.force from and after its publication. Passed July 28th, A. D. 1881. 226 CITY ORDINANCES. ORDINANCE No. 31. An Ordinance relating to the Stillwater Bridge. The City Council of the City of Stillwater do Ordain as follows: SEC. 1. That it shall not be lawful for, any person to. ride or drive any horse, mule, ass, ox or other animal faster than a walk across the bridge known as the Stillwater Bridge; the said bridge being the bridge across Lake St. Croix, opposite the city of Stillwater. SEC. 2. It shall not be lawful for any person to pass over said bridge, or to ride or drive any horse, ox, ass, mule or other animal over said bridge without paying to the person in charge of said bridge the toll required by law or the ordinance of the said city or. the resolution of the city council of said city. SEC. 3. Any person convicted of violating the pro- visions of section one (1) or two (2) of this ordinance shall be punished by a fine of not less than five dol- lars nor more than one hundred for each and every offence. • SEC. 4. The collector of tolls and the engineer in 'charge of said bridge or any other person having charge bf said bridge are hereby constituted special police of the city of Stillwater with full power and authority without process of court to arrest any per- son violating any'of the provisions of this ordinance in their presence. SEC. 5. This ordinance shall take effect and be in 'force from and after its passage and publication. Passed May 16th, 1876. Published May 19th, 1876. CITY ORDINANCES. 227 ORDINANCE No. 32. An Ordinance relative to Peddlers : The City Council of the City of Stillwater do Ordain as follows: SEC. 1. No person as a hawker, peddler, or can- vasser for the sale of any property, except the same is sold to dealers in such articles and at wholesale, shall sell or offer to sell, or canvass for or sell for fu- ture delivery, any goods, wares, merchandise or prop- erty within the limits of the city of Stillwater, with- out first having obtained a license therefor. SEC. 2. Any person desiring to obtain a license to peddle, solicit or to sell any goods, wares and mer- chandise in the manner mentioned in the preceding section in this said city shall first apply to the mayor or city council, who shall fix the price therefor at not less than five, nor more than two hundred dollars per annum. License may be granted for a less period than one year but not for a shorter period than one month, and the price of a license shall in no case be fixed at a less sum tan _ five dollars. Upon the li- cense being granted the party applying shall pay the amount thereof to the city treasurer who shall give his receipt therefor and upon the presentation and delivery of such receipt the mayor shall deliver to such person a license duly signed by the mayor and countersigned by the city clerk. SEC. 3. Any person convicted of violating any of the provisions of this ordinance shall be punished by a fine of not less than five dollars nor more than one hundred dollars for each and every offence. SEC. 4. That the ordinance of the said city of Stillwater, entitled "An ordinance relative to Ped- 228 CITY ORDINANCES. dlers," passed June 23, A. D. 1874 be, and the same is hereby repealed. SEC. 5. This ordinance shall take effect and be in force from and after its passage and publication. Passed April 23d, A. D. 1877. Published April 27th, 1877. ORDINANCE No. 33. An ordinance relative to Fire Works : The City Council of the City of Stillwater do Ordain as follows: SECTION 1. No person shall cast, throw or fire any squib, rocket, crackers, torpedo, grenade or other combustible fireworks or explosive preparation within the said city, and every person for such offense shall forfeit and pay a sum not exceeding twenty dollars. SEC 2. This ordinance shall be in force from and after its passage. Passed June 19th, A. D. 1877. Published June 22d, 1877. ORDINANCE No. 34. Whereas the Stillwater Street Railway and Transfer Company desire to build and construct a Street Rail- way for the transfer of freight and passengers from, at or near the middle of Block twenty-eight (28) in the city of Stillwater, to connect with the railroad of the Stillwater and Saint Paul railroad company in Block eighteen (18) in the said city of Stillwater, Therefore, The City Council of the City of Stillwater do Ordain as follows: SECTION 1. The Stillwater Street Railway and Transfer Company, its successors and assigns, is CITY ORDINANCES. 229 hereby authorized, empowered and permitted to enter upon Stimpson's alley (the said alley being the alley east of Main street in the said city of Stillwater and running parallel to said Main street) and ,upon that part of Myrtle, Chestnut , and Nelson streets lying east of said Main street and within the line of Stimp- son's alley projected, and thereon to lay a line of rail- way with all necessary or convenient tracks for turn outs, side tracks and switches, and to operate and run thereon railway cars and carriages for the car: riage and transfer of passengers and freight. SEC. 2. The said railway is to be.constructed and operated as aforesaid upon the established grade of the said alley and streets, and in case of any change of grade during said time, said company shall bear its ratable proportion of expense thereof, provided how- ever if any part of the alley or streets over which the said railway is hereby permitted to pass is not now gra- ded up to the established grade thereof, the said railway company shall have right to grade such part of said street or alley to the duly established grade thereof at their own cost and expense, and when the same is so graded, construct said railway thereon. SEC. 3. The track of said railway shall not be ele- vated above the surface of the street, and shall be so laid that carriages and vehicles can easily and freely cross said track at any and all points thereof with the least obstruction possible, and while the said railway is in process of construction the work thereon shall be done with as little interference as possible with the free use of said streets and alley, and when com-• pleted the streets and said alley shall be smoothed off and left in as good condition as when entered upon. SEC. 4. The city council may regulate the speed for running cars on said railway so far as to conform 230 CITY ORDINANCES. • to the speed generally permitted for similar cars in other cities and the said railway company shall not permit its cars or any cars being transported over its road to stand upon its track upon said alley or any of said streets for a greater length of time than fifteen minutes at any one time, except it shall be first au- thorized so to do by the mayor or chief of police of said city of Stillwater, and when the said railway company is so permitted to allow its cars to stand upon said track the same shall be so done under the direction and control of the mayor or chief of police of said city of Stillwater, and such cars shall be removed at such time as said mayor or chief of police shall direct. SEC. 5. The said railway company, its successors and assigns shall at its own expense at all times keep so much of said alley and said streets of said city as may lie between the rails of its track and for the space of two feet outside of its track or tracks used and occupied by its railway aforesaid, clean and in good repair, and to cause the snow to be removed so as to afford a safe and unobstructed passage to sleighs, wagons and other vehicles, and the said repairs of said streets and said alley, and the removal of snow therefrom shall be done to the satisfaction of the city council. The running of the cars or carriages on any part of the said railway may be suspended by the city council for such reasonable time as may at any time be necessary on account of repairs of streets, build- ing of sewers or other public improvements, and whenever it may be necessary to have said track or any part of it taken up for such purpose ,the said company, its successors or assigns shall take up and relay the same at its own cost Rud expense. The chief engineer of the fire department or the person for the time being acting in his stead may order a sus- CITY ORDINANCES. 231 pension of the running of cars on said railway,- or any part of the same, which he may deem necessary during any fire. SEC. 6. All rights heretofore settled by ordinance in the Stillwater Gas Light. Company are not to be impaired by this ordinance, but the rights and privil- eges hereby granted shall be equally protected by the city. SEC. 7. The rights and privileges hereby granted shall cease and become forfeited to the said city of Stillwater unless the said railway company, its suc- cessors or assigns shall, within twenty (20) months from this date construct and equip and have in oper- ation a line of railway on Stimpson's alley through- out its whole length. SEC. 8. From and after the expiration of twenty- five years from this date the city council of said city shall have the right by ordinance to purchase said railway depots, depot grounds, station grounds, sta- tion houses, carriages, cars, horses, harness, animals, equipage, furniture and improvements of• every kind, name and description used in the construction or op- eration of said railway or appurtenances,•together with all the corporate rights and franchises that may be acquired by said company, its successors or assigns, by paying the value thereof, to be ascertained as fol- lows: The said city council shall by resolution notify said company, its successors or assigns, of the pas- sage of an ordinance for said purchase, and shall therein and thereby appoint one appraiser of the value of said property; the said company, its succes- sors or assigns shall, within twenty days after the service of said notice appoint one appraiser of said property and notify the city clerk thereof, the two 232 CITY ORDINANCES. appraisers so appointed shall thereafter and within twenty days appoint a third appraiser of said proper-' ty; said three appraisers so appointed shall proceed to appraise and value the property of said company as above stated, and the valuation fixed by them or any two of them shall be considered the actual value of said property and rights and upon payment within sixty days thereafter of the amount so fixed, all said property and rights shall be transferred to and be- come the property of said city. SEC. 9. The carriages or cars used on said railway shall be propelled by none other than animal power and no locomotive or engine propelled by steam shall be used upon said line of railway or any part thereof. SEC. 10. The said Stillwater Street Railway and Transfer Company, shall within thirty days after the passage of this ordinance, file with the city clerk their acceptance of the same, and the conditions thereof. SEC. 11. This ordinalce shall take effect from and after its passage and publication and the filing of said acceptance; as set forth in the preceding section. Passed April 8th, A. D. 1878. Published April 13th, A. D. 1878. Ordinance No. 54, relative to the Stillwater Street Railway and Transfer Company, passed by your body April 8th, 1878, and approved April 11th, 1878, is here- by accepted with the conditons therein. DAVID BRONSON, President Stillwater Street Railway and Transfer Company. Filed in City Clerk's Office, April l5th, 1878. CITY ORDINANCES. ORDINANCE No. 35. 233 An Ordinance to provide for the Confinement and Em- ployment of Offenders. The City Council of the City of Stillwater do Ordain as follows: SECTION 1. That whenever any person shall be fined in any sum of money in any court of competent jurisdiction for the infraction or violation of any ordi- nance of the city of Stillwater, which is now in force or hereafter may be passed, upon the non-payment of said fine and all the costs of prosecution, such per- son shall be committed to the city prison of said city, for a period of time at the rate of one day for each and every dollar of such fine and costs; Provided, That the term of such imprisonment shall in no case exceed ninety days. SEC. 2. That whenever any person shall for an in- fraction or violation of any of the ordinances of said city of Stillwater, which are now or may hereafter be in force in said city, be adjudged to be imprisoned for such infraction or violation, such person shall imme- diately be conveyed to the city prison of said city to be there confined, or such person may be employed on the public works or public streets of said city of Still- water as the court sentencing such person may direct, not to exceed the term of ninety days. SEC. 3. That whenever any person confined in said city prison as herein before provided, shall refuse or neglect to perform such labor as may be assigned to him to perform upon the public streets or public grounds of said city, the Chief of Police of said city is hereby authorized and empowered to feed such person upon bread and water alone for the period of 234 CITY ORDINANCES. twenty.days, or until such person shall perform such work and labor as is provided for by any of the ordi- nances of said city. SEC. 4. All ordinances or parts of ordinances in- consistent herewith are hereby repealed. SEC. 5. This ordinance shall be in force from and after its publication. • Passed June 4th, A. D. 1878. Published June 7th, 1878. ORDINANCE No. 36. ,An Ordinance Relative to Dogs. The City Council of the City of Stillwater do Ordain as follows: SECTION 1. " Every person residing' in the city of' Stillwater owning, `keeping or having a dog in .his possession, or suffering the same to be kept on the premises occupied by him, and all persons bringing or suffering to come within the limits of the city of Stillwater any dog, shall not permit the said dog to run at large, but shall keep the same .securely fasten- ed until after all the provisions of this ordinance have been complied with under the penalties hereinafter provided. SEC. 2. Every owner, keeper or person having in his possession, or permitting to remain on the premi- ses where he resides a dog, unless said dog at all times is securely fastened, within the limits of said city of Stillwater, shall on or before the 15th day of May of each year, cause such dog to be registered, numbered and licensed, for one year from the 15th day of May of such year, and every owner, keeper or person having in possession such. dog shall place around the nedk of said dog a collar distinctly marked with CITY ORDINANCES. 235 'the owner's name,, and there shall be attached to said collar in a good and substantial manner a metalic tag or plate, to be provided by said city, with the regis- tered number of said dog clearly stamped thereon; the said license shall be paid to the city treasurer of said city, the receipt presented to the city clerk, and a license issued therefor. Any person who shall fail, neglect or refuse to comply with the provisions , of this ordinance shall be punished as hereinafter provi- ded. SEC. 3. The city clerk shall keep in his office a register containing the name of the parties paying for and receiving such license, and the name and general description of each dog so licensed, and the number of the license granted; the city treasurer for the use of the city, shall receive for each license the sum of one dollar for each male dog, and the sum of three dollars for each female dog. SEC. 4. If any bitch is suffered to run at large while in heat in said city, the owner, keeper or per- son upon whose premises such bitch is suffered to be, shall be punished as hereinafter provided. And any person who shall remove the collar and tag hereinbe- fore . provided for, to be worn by any dog properly licensed, or cause the same or either • of them to be worn by any dog not properly licensed, shall be pun- ished as hereinafter provided. SEC. 5. All persons violating any of the provisions of the foregoing sections of this ordinance shall be punished by a fine of not less than five dollars nor more than twenty-five dollars. SEC. G. No person shall own, harbor, keep or suffer any biting, vicious or dangerous dog to be within the limits of the city of Stillwater, or upon premises 236 CITY ORDINANCES. occupied by them, or elsewhere in said city. When- ever any owner, keeper or person shall have been convicted of harboring, keeping or suffering any bit- ing, vicious or dangerous dog to be within the limits of said city, contrary to the provisions of this ordinance, said person shall be fined in a sum not less than five dollars, nor more than fifty dollars, upon such conviction, and shall be liable to a fine of five dollars for each and every day that said dog shall be permitted to be in said city contrary to the provisions of this section after said conviction; Provided, That if said dog shall be deemed or regarded to be a biting, vicious or dangerous dog by persons being or residing in the neighborhood where said dog is owned, kept or suffered to be, or by persons otherwise knowing said dog, evidence thereof shall be sufficient to sustain a conviction of such person, owner or keeper, for harboring or keeping or suffering said dog to be within the limits of said city, contrary to the provis- ions of this ordinance. SEC. 7 Whenever in the opinion of the- Chief. of Police, or the city council of said city, the public welfare requires that dogs shall be prohibited from 'running at large in said city, said chief of police shall make .proclamation prohibiting such run- ning at large, and publish the same in some news- paper in said city, from and after which it shall not be lawful for any owner, keeper or person suffering a dog upon his premises to permit said dog to run at large in said city unless such dog is so muzzled as to render it impossible for such dog to bite or injure any person or animal. Such prohibition shall continue in force during the time mentioned in said proclamation. Every owner or keeper of any dog permitting such dog to run at large, cpntrary to the provisions of this section shall be liable to a fine of not less than ten nor more than one hundred. dollars. CtT3t 011t)INANCES. 237 SEC. 8. The chief of police and all other policemen of said city, are hereby authorized and required to cause the destruction of any dog by shooting or other- wise, found at large in the said city contrary to the provisions of this ordinance. SEC. 9. All ordinances heretofore passed by the city council of the city of Stillwater relative to dogs are hereby repealed. SEc. 10. This ordinance shall be in force from and after its publication. , Passed May 15th, A. D. 1879. Published May 23rd, A: D. 1879. ORDINANCE No. 37. An Ordinance relative 16 a Telephone Exchange : The City Council of the City of Stillwater do Ordain as follows: SECTION. l: It shall be lawful for the Northwes- tern Telephone Exchange Company to erect, estab- lish and maintain within the limits of tlie city of Stillwater under the provisions and limitations here- inafter contained, a system of telephone exchange and continue the same in operation for the period of fif- teen years from the passage and publication hereof. SEC. 2. Said company is hereby authorized to erect poles and stretch wires thereon upon and over any and all the public streets of said city, in the way and manner that telegraph poles are usually erect- ed, and wires placed thereon, for the purpose of establishing and carrying on said Telephone Ex- change, and not otherwise or for any other pur- pose; Provided, First, that all expense of erecting, maintaining and operating the same, and all dam- 238 CITY ORDINANCES. ages that may result to any individual, or to the property of any individual by reason of the construct- ing, maintaining or operating the same during the continuance of this ordinance shall be borne by said Northwestern Telephone Exchange Company. And provided further, that the construction, maintenance and operation of said Telephone Exchange and all matters incidental thereto so far as it may affect the public streets of said city of Stillwater shall be under the direction of the city engineer of the said city of Stillwater, subject to the approval of the city council of said. city. SEC. 3. This ordinance shall be in force from and after its publication: Passed November 18th, A. D. 1879. Published November 21st, A. D.,1879. ORDINANCE No. 38. An Ordinance relative to Disorderly Houses and Houses of Ill -Fame. The City Council of the City of Stillwater do Ordain as follows: SECTION 1. It shall not be lawful for any person within the limits of the city of Stillwater to keep a disorderly or ill -governed house or place, or to keep a house of resort for persons of evil name or fame, lascivious conversation or behavior, or to procure or suffer to corne together at any such house or place any such persons as aforesaid, or to commit or suffer to be committed, at any such house or place, any immoral indecent or improper conduct, conver- sation or behavior, or to permit tippling, revelry, rowing or rioting or disturbance by such persons or "by any other persons; any person offending against the provisions of this ordinance, or who shall in any CITY *ORDINANCES. 239 manner assist in offending in the premises shall, upon conviction thereof, be punished by a fine 'not to ex- ceed one hundred_ dollars and not less than twenty- five dollars, and any such person. may moreover be held to bail in such sum as the judge shall require conditioned for the good behavior of such person for six months and for the faithful observance of the pro- visions of this section of this ordinance. SEC. 2. It shall not be lawful for any person to demise, let or hire within fhe limits of the city of Stillwater to any person or persons for the purposes in the first section of this ordinance mentioned or for any of them or to any person or persons who are of evil name or fame, or who by reputation keep a house of ill -fame or ill governed and disorderly house, nor shall it be lawful for the owner, agent or occupant of any house, building or other• premises in the city, to permit any such person or persons to occupy any such house or' premises, nor to harbor any such per- son or persons. Any person knowingly violating any Of the provisions of this section, shall be punished as provided in the first section of this ordinance. SEC. 3. Every house or building so occupied or kept as aforesaid, shall be deemed a common nuisance and it shall be lawful for the chief of police to abate such nuisance by pulling down and removing such house or other building, and at' the cost' and expense of the owner, proprietor or occupant thereof, 'and ,the chief of police may sell the said building so removed or the materials of which the same •was constructed to pay the expense of such removal; such sale shall be at public auction after giving one day's previous notice of the time and place of such sale by posting notices in three public places in the city; if any sur- 240 CITY ORDINANCES. plus shall remain after paying the said expenses and the reasonable charges of such sale the same shall be paid to the owner of such building; provided proof of general reputation of ill -fame shall be sufficient evi- dence that such a house is a house of ill -fame within the meaning of this ordinance. SEc. 4. No person or persons shall visit, resort to or frequent any disorderly or ill -governed house or place, or any house of evil name or fame or a house reputed to be a house of ill -fame within the limits of said city. Any person violating the provisions of this section shall, upon conviction thereof, be punished by a fine not exceeding fifty dollars nor less than ten dollars; Provided, proof of general reputation of ill- fame shall be sufficient evidence that such a house is a house of ill -fame within the meaning of this sec- tion. SEc. 5. It shall be the duty of the chief of police and all police officers to arrest any•person or persons who may have violated the provisions of this ordi- nance, and bring such person or persons before the municipal court of said city to be there dealt with according to law. SEC. 6. That an ordinance entitled "An Ordinance relative to disorderly houses and houses of ill -fame," passed March 24th, A. D.1871, and published April 18th; 1871 be, and the same is hereby repealed. SEC. 7. This ordinance shall'be in force from and after its publication. Passed March 2d, A. D. 1880. Published March 5th, 1880. CITY ORDINANCES. 241 ORDINANCE No. 39. An Ordinance Relative to Persons being upon Streets and other places. The City Council of the City of Stillwater do Ordain as follows: SECTION 1. That it shall not be lawful for any per- son or persons to remain standing upon the streets, sidewalks or cross -walks of the city of Stillwater, so as to in any manner interfere with persons or ob- struct the free use of the same to persons or pedes- trians passing along said streets, sidewalks, or cross- walks, and said street, sidewalks and cross -walks shall at all times be kept free and clear with a passage way sufficiently wide and large enough to permit persons or pedestrians passing along the same to do so with- out crowding, jostling or turning from a direct line. Any person or persons found standing in and upon the streets, sidewalks or cross -walks of said city, con- trary to any of the foregoing provisions, shall move on and separate when requested so to do by the chief of police, or any policeman of said city. SEC. 2. No person or persons shall stand, remain, gather or congregate in, about or near to the entrance or passageway to any public meeting, gathering or place of worship. No person shall stand beside or sit upon any of the railings abutting upon any of the sidewalks of said city so as to in any manner an- noy, obstruct or interfere with any person passing along the same, or living in the vicinity or neighbor- hood'thereof. SEC. 3. No person or persons shall in an indecent, ill-mannered or insulting manner, hail, accost, salute, interfere with, or molest any female, whether alone or in company with other persons, upon any of the public streets or elsewhere in said city. 242 CITY ORDINANCES. SEC. 4. Every person violating any of the provis- ions of this ordinance, upon conviction thereof, shall be fined in a sum not exceeding fifty dollars, or by imprisonment not to exceed sixty days in the city prison, or by both fine and imprisonment, in the dis- cretion oqf the court. SEC. 57. This ordinance shall take effect and be in force from and after its publication. Passed March 16th, A. D. 1880. Published March 19th, 1880. ORDINANCE No. 40. An ordinance to provide for the establishment of Wa- ter Works in the city of Stillwater, Minnesota. The City Council of the City of Stillwater do Ordain as follows: SECTION 1. That in consideration of the benefits to the city of Stillwater hereinafter specified and pro- vided for, there is hereby granted to the Stillwater Water Company of the City of Stillwater, Minnesota, and its associates, successors and assigns, the exclu- sive privilege of constructing water works and laying water mains and pipes for furnishing water to the public in any portion of said city as the same now exists or may hereafter be extended for the term of thirty years from and after the date of the passage, acceptance.and legal record of this ordinance in ac- cordance with the terms and conditions of the same, and subject to the liabilities as hereinafter expressed in this ordinance, and at the end of said thirty (30) years all of the exclusive and special grants and'con- tracts contained in this ordinance shall terminate and end; Provided, however, that at the expiration of said thirty years should the city refuse to grant to the said The Stillwater Water Company, its ' aso- ciates, successors and assigns, the right to' continue CITY ORDINANCES. 243 and maintain said works in and upon the public grounds and streets of the city and to supply the said city and the inhabitants thereof with water on reasonable terms, then and in such case the city shall purchase from said The Stillwater Water Company, its successors or assigns, said water works and prop- erty connected therewith at a fair valuation to be ascertained as provided in section 10 of this ordi- nance. SEC. 2. The general plan of said water works shall be as follows : The water for supplying the city shall be furnished by gravity or otherwise in such manner as to give a head of at least 150 feet at all points on a level with the street surface at the corner of Main and Myrtle streets, and for the higher portions of the city the water shall be pumped by suitable machinery into the necessary mains and pipes connected with a tank or tanks upon and situated at least two hundred and fifty (250) feet above the water level of Lake St. Croix. SEC. 3. The Stillwater Water Company is hereby granted the right of way as held by the city, for the term of thirty years from the taking effect of this ordinance to use the streets, alleys, lanes, roads or other public highways and public grounds within the present and future limits of said city, for the purpose of laying, repairing, and constructing of pipes, conduits, canals, tanks, reservoirs, hydrants and fountains for the supply of water, but there shall be no continued, unreasonable or unnecessary obstructions of said streets, alleys, lanes, roads, or other public highways and public grounds by said company, and they shall be restored by said company to their former condi- tion as near as practicable. SEC. 4. The Stillwater Water Company shall lay not less than seven (7) miles of main pipes so located 244 CITY ORDINANCES. as to best secure the fire protection of the city, due regard being had for the proper circulation and for the supply of -water for domestic purposes. If at any time it shall appear that by extending the water pipes or mains, an additional revenue to said company can be secured, either from public hydrants or by the writ- ten agreement of responsible consumers, which. shall not be less than at the rate of one hundred and fifty dollars ($150) per year for every three hundred (300) feet for such extension the city council may by reso- lution require said company to make such extension of pipes which shall be done without unreasonable delay; Provided, however, that if said company shall be required to lay their mains in any ungraded street, that whenever said street is graded the said city shall pay the cost of relaying such pipe with proper refer- ence to the established grade. SEc. 5. All the pipes used in the construction of said water works before being laid shall be subject to a test of two -hundred and fifty (250) pounds hydro- static pressure to the square inch. Said pipe shall be of a suitable size to furnish an abundant supply of water, looking to the present wants of the city, and to its future growth. SEc. 6. The lines of main pipe shall be'located and laid on one side or the other from the center of the street, and so as not unnecessarily to interfere with the pipes and drains already laid in said city, nor with railroad tracks, and that in laying the pipes and con- duits or in the construction or operation of said water works, the said water company shall be liable for injury to person or property caused by the negligence, mismanagement or fault of itself or its employees while engaged in the construction or operating of said CITY ORDINANCES. 245 works, and will hold the city harmeless from any suit brought against the city as a result from such negli- gence. SEC. 7. The city of Stillwater shall, upon written application of said water company, condemn the right of way for said company to construct their water works, over or upon any tract of land within the city, which condemnation Qhall be at the cost of said company, and 411 such rigfits so acquired shall be transferred to said company for its use. SEC. 8. The said company, shall have power and authority to make and enforce as part of the condi- tions upon which it will supply water to its consumers, all needful rules and regulations not inconsistent with the law or the provisions of this ordinance, and the said city will adopt and enforce ordinances pro- tecting the said company in the -safe and unmolested exercise of these franchises, and against injury to the hydrants and fountains rented by it to said city, and against injury to its other property upon applica- tion of said company. SEC. 9. The said Stillwater Water Company shall commence in good faith the construction of said works within ninety (90). days after the passage and approval of this ordinance, and shall diligently prose- cute said construction until the 'complete and suc- cessful operation of the same, and complete and put into use one mile of the same along Main street before January 1st, 1881. If, however, the said company shall not complete the said works within eighteen' months from the acceptance of this ordinance, cir- cumstances beyond its control excepted, then and in that case the city council may by'a vote of two ,thirds of its members declare the contract for the payment for the use of the hydrants forfeited and void. 246 ctrr. otIntgANCES. SEC. 10. , The said city shall have the option and privilege at any time after,the expiration often years from the passage and acceptance of this ordinance to purchase the said water works, with all its property and franchises, the price to be ascertained ,in the fol- lowing manner, viz : Three disinterested persons, not residents of the city of Stillwater, Minnesota, shall be chosen —one of them by the said city, another by the said company, and the third by,the first two, and the three, or their majority, shall make an award to the amount of which shall be added ten • per centum (10 per cent.) thereof, and, the said city shall have the option of refusing to -purchase after the said award shall have been made, or to pay to the said company in cash within three (3) months from the date of the said award, and in addition the said ten per centum; but in that event the said city shall, assume as a part of the aforesaid award to be paid, and shall pay the bond and floating indebtedness of the said company, which said payment of said bonded and floating indebtedness aforesaid, shall be applied pro lanto towards the pay- ment of said award. In case the said city shall neg- lect or refuse to purchase, said works as aforesaid, after making of said award, upon,the application of said city, then and in any,and all such cases, the said city shall be liable for and shall bear and pay the expense of any such award; _but if the city shall purchase said works after the making of such award in, conformity with the provisions hereof, then and in that case the expense of said awaid shall.be borne and, paid equally by said city , and; said Stillwater , Water, Company ; Provided, however, That said company shall not Kaye at said time a bonded or floating indebtedness,- that shall exceed the amount of said award. SEC. 11.- In consideration of the benefits that will CITY 01RDINANCES. 247 accrue to the city of Stillwater, andits people by the erection and 'operation of water works, and for a bet- ter protection against.' fire, the city of Stillwater agrees and binds itself to rent, and does hereby rent, from the Stillwater Water Company, eighty-five (85) public hydrants, for the term of thirty years from and after the completion of said works, or as long as this contract remains in force. The rental to be paid by said city for the use of said hydrants shall be seven thousand dollars ($7,000) per year, and the payment shall be made quarter yearly pro rata, namely: on Jan- uary 1st, April lst, 'July 1st, and October lst ,of each and every year during the period of the said thirty 'years; or so long as this contract shall remain in force; Provided, however, That the first payment shall be made pro rata on the first day of the quarter next succeeding the completion of ,not less than twenty (20) of said hydrants, and after their efficiency is pro- ven as hereinafter provided, and as each succeeding twenty (20) hydrants are completed for service, the city shall commence payment for such service until the entire eighty-five hydrants .are completed. All fire hydrants shall be double delivery, and shall be erected and maintained in good order and efficiency by the said water company at such points along the line of the main pipes as shall be designated by the city council or its representatives, and a written copy of such designation shall be given to said water com- pany as soon as the pipes shall have been dis- tributed along any given street. Said hydrants shall have six (6) inch pipe connections to the main pipes in the streets- and the openings 'on said hydrant for the attachment of hose , shall be two and one-half (22) inches in diameter, and the thread of the screw on the nozzle to the opening shall be' 248 CITY ORDINANCES. made to fit the hose couplings now in use by the Still- water fire department. Upon the completion of the works, each of said hydrants shall be capable of sup- plying a steam fire engine with water for two fire streams, or they shall be able without steamers to supply eight (8) fire streams simultaneously in the lower portion of the city or four fire 'streams upon the higher portion of the city; Provided, that only one stream shall be taken from the same hydrant or to furnish six streams from adjoining hydrants in the lower portion of the city. SEC. 12. If the said city shall at any time desire additional hydrants for fire protection, such addition- al hydrants to the number of not less than twelve to the mile on new mains and at•such points on the old mains as the city shall designate, shall be erected and maintained by the said water company for which the said city shall pay a rental of seventy-five (75) dol- lars each per year, for the first fifteen so erected, and for all additional hydrants sixty-five (65) dollars each per year, which sum shall be payable quarter yearly pro rata as provided for in section eleven (11) of this ordinance, for the remainder of the said thirty years or during the continuance of this contract, and the said water company shall, whenever required by the city, remove any of the said fire hydrants and relo- cate them at any other point on the line of their mains; the cost of said removal shall be paid by the city. It is hereby stipulated and agreed that the said hydrants rented to the city are not for the private use of the citizens or for street sprinkling, but shall be for the use of the city once in each week for flush- ing its sewers, in doing which only one hydrant shall be turned on at a time, and in no case during a fire, and for the fire department of the' city, and shall be under the control of its chief for such purposes. CITY ORDINANCES. 249 SEC. 13. The said water company shall, upon the request of the city council of the said city, furnish the said city with water for at least four public drinking' fountains to supply water for man and beast, to be located on the line of water mains wherever the city may'determine, free of charge and cost : - the said com- pany shall also furnish said city, free of cost and charge, water for one hydrant and for drinking pur- poses at the city hall, and at each of the public school buildings, designated as the cential school building and the north school building, for drinking purposes, and water to supply a spray fountain in the yard in front of the city hall; said water shall be furnished at such points along the mains of said company as the city council shall direct. The city is hereby authorized to place in use for the discharge of water in each of said buildings, not to exceed the number of six faucets. The fountains and faucets aforesaid shall be provided with self closing or automatic valves to prevent the waste of water; in case the city shall at any time locate and construct spray fountains in any of its public parks, in such a manner as to provide for conducting the water therefrom to watering troughs located by the city in the adjacent streets or spray fountains only. The said water company shall supply and furnish the water therefor in the same manner as herein agreed for furnishing and supplying water for hydrants, at and for the sum of sixty-five dollars ($65) per year for each such spray fountain; the same to be paid at such time and times, and in such proportion as is herein provided, for paying for the use of hydrants; Provided, That each of said spray fountains shall be provided by said city with a jet or jets equal in volume to one jet of one sixteenth (1-16) of an; inch orifice, and not to run exceeding ten (10) ]sours per day during six months of each year. 250 CITY ORDINANCES. SEo. 14. The water rates of the consumers of water during the continuance of this contract shall not exceed the average rates now charged at St. Paul, Minnesota, Dubuque or Clinton, Iowa. SEC. 15. For every week during which a full sup- ply of water cannot be obtained from any one of such hydrants by reason of neglect or default of said com- pany, there shall be deducted from the compensation of said company, two dollars for each hydrant for every week in which such hydrant shall be defective as aforesaid. The Chief Engineer of the fire depart- ment of said city is hereby authorized to inspect or cause to be inspected said hydrants; to ascertain whether said hydrants are in good working order, and shall report any defect therein to the city coun- cil of said city; Provided, however, That the total amount so deducted in any one year shall not exceed the sum of the annual rental of such defective hy- drant. SEC. 16. The Stillwater Water Company shall within sixty (60) days after the passage and approval of this ordinance, file with the clerk of said city, a written acceptance of the powers, privileges, franchi- ses, and duties conferred or imposed by this ordi- nance, and from and after such filing, this ordinance shall be the measure of rights and liabilities of the said city, as well as of the said company, and shall con- stitute a contract between the said parties; Provided, however, That this clause shall not prohibit other persons who may be associated with said company after filing from joining said company and sharing in the benefits and responsibilities hereby created and imposed. CITY ORDINANCES. 251 SEC. 17. This ordinance shall take effect and be in force from and after its publication. Passed April 15th, A. D. 1880. Published April 23, 1880. STILLWATER, Minn., April 30th, 1880. To the City of Stillwater, Minnesota : Please take notice that the Stillwater Water Com- pany accepts the conditions of an ordinance of the city of Stillwater, entitled "An ordinance to provide for the establishment of Water Works" in the city of Stillwater, Minnesota, passed by the city council and duly signed and approved by the mayor of said city on April 15, 1880. THE STILLWATER WATER COMPANY. H. W. CANNON, Secretary. ORDINANCE No. 41. Amendment to an ordinance entitled "An Ordinance to provide for the establishment of Water Works in the City of Stillwater, Minnesota. The City Council of the City of Stillwater do Ordain as follows: SECTION 1. That the ordinance entitled "An ordi- nance to provide for the establishment of Water Works in the city of Stillwater," be and the same is hereby amended, by inserting after the words "Still- water Water Company," wherever the said words occur in said ordinance, the words, "its successors and assigns." SEC. 2. That the said ordinance so amended and the contract therein contained with said Stiltwater 252 CITY ORDINANCES. Water Company, its successors and assigns, is here- by ratified and confirmed, and all the rights, tolls, franchises and privileges granted by said ordinance to the said Stillwater Water Company is hereby granted and secured to the successors and assigns of said Stillwater Water Company. Passed May 18th, A. D. 1880. Published May 21, 1880. STILLWATER, MINN., May 22, 1880. To the City of Stillwater, Minn: Please to take notice that the Stillwater Water Company hereby accepts all the conditions of that .certain ordinance passed by the city council of said city, entitled "An ordinance to provide for the estab- lishment of •Water Works in the city of Stillwater," approved. April 15, 1880, and duly published; also that certain ordinance amendatory of the above ordinance, duly passed and approved on the 18th day of May, 1880, and duly published. E. W. DURANT, Pres't. H. W. CANNON, Sec'y and_Treas. Stillwater Water Company. ORDINANCE No. 42. An Ordinance relative to Streets, Lanes, Alleys, and Thoroughfares : The City Council of the City of Stillwater do Ordain as follows: SECTION 1. That it shall be unlawful for any per- son, whether a property owner or otherwise, within the limits of the city of Stillwater to cut, remove, dis- place or change the surface of any street, lane, alley CITY ORDINANCES. 253 or thoroughfare within the limits of said city, wheth- er the same is owned by or has been dedicated to said city, notwithstanding that the grade of the same may have been established, unless first having obtained permission therefor from the city council of said city. SECTION 2. ' Any person violating any of the pro- visions of this ordinance may be fined in a sum not exceeding one hundred dollars. SEC. 3. This ordinance shall take effect and be in force from and after its passage. Passed June 1, A. D. 1880. Published June 4th, 1880. ORDINANCE No. 43. An Ordinance to protect the property and appurte- nances of the Stillwater Water Company of the city of Stillwater, Minnesota. WHEREAS, It is necessary in order to secure wholesome water for domestic purposes and an ample supply for fire protection to protect the purity and cleanliness of Lake "McKusic" and_the safety of the mains, wa- ter pipes, hydrants and other appurtenances of the Stillwater Water Company; therefore, The City Council of the City of Stillwater do Ordain as follows: SECTION 1.. It shall be unlawful for any person or persons to place at or near or throw into the waters of Lake McKusic or into the outlet of the same or into the filtering basin or clear well of the Stillwater Water Company's Works, any dead animal or part or sub- stance thereof, or faeces, or any garbage, slops, or any noxious or noisome vegetable, animal, or other 254 CITY 'ORDINANCES. substance, or placing any such object or substance at or near or on the margin of said lake, outlet, or said filtering basin or clear well, or upon any drain or water course that may feed said lake, outlet or basin or well. Any person or persons doing any act forbidden by this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined. not less than fifty ($50) dollars nor more than one hundred ('100) dollars. SEC. 2. It shall be unlawful for any person or per- sons to wilfully or carelessly break down, injure or deface any hydrant upon the line of the street mains of said Stillwater Water Company; and any person or persons so breaking down, injuring or defacing any such hydrant shall be deemed guilty of a misde- meanor, and shall upon conviction thereof be fined not less than twenty-five ($25) dollars nor more than one hundred ($100) dollars. SEC. 3. It shall be unlawful for any person or per- sons to hitch or tie any horse or horses or other ani- mals to any hydrant or public fountain upon the line of the mains of the said Stillwater Water Company, and any person or persons violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than ten ($10) nor more than twenty-five ($25) dollars. • SAc. 4. It shall be unlawful for any other person other than the chief of the fire department or his sub- ordinates under and by virtue of his direct orders to open any of the public hydrants or take any water therefrom except as otherwise provided in an, ordi- nance of the date of April 15, 1880, entitled "an ordi- nance to provide for the establishment of water works in the city of Stillwater, Minnesota," for any CITY ORDINANCES: 255 purpose whatsoever, and any person or persons viola- ting the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof be fined not less than ten ($10) nor more than fifty ($50) dollars. SEC. 5. It shall be unlawful for any person other than employee of the Stillwater Water Company, or a plumber regularly licensed and duly authorized by said company to tap or make connections with any water pipe or street mains or other appurtenances of said water company. Any person violating the pro- visions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than fifty ($50) nor more than one hun- dred ($100) dollars. SEC. 6. It shall be unlawful for any person or persons having a license to use water from the water works, to use or suffer to be used by others the water for any pur- pose other than that designated in the said license, or suffer or permit any person or persons not licensed to use water from the tap or hydrant on his, her or their premises without informing the officers of the Stillwater Water Company thereof, or suffer or per- mit such tap or hydrant to remain exposed to public use or suffer or permit any unnecessary waste of wa- ter therefrom, or negligently suffer or permit (either by him or herself or themselves, their agenrs, servants or other employes) the water to run waste from the same, or supply water to any other person or per- sons, building, rooms or tenements not contemplated by said license granted by the Stillwater Water Com- pany. Any person or persons violating the provis- ions of this section shall be deemed guilty of a mis- demeanor, and upon conviction thereof be fined not 250 CITY ORDINANCES. less than ten ($10) nor more than one hundred ($100) dollars. SEC. 7. The officers of the Stillwater Water Com- pany, their agents, servants and employes, shall be and are hereby authorized to enter into and have free access to, from and upon any premises at all reason- able hours when it may be necessary to ascertain the locj tign or condition of any hydrant, tap or pipe or other fixtures or appurtenances appertaining to or connected with the water works, or to shut off or let on water from or to any hydrant, tap or pipe or other attachment connected with the works or for any other purpose that may be deemed essential for the preservation of the works, or to protect the revenue of the company derived from the same, and it shall be unlawful for any person or persons to prevent, or , prohibit or obstruct any such officer, agent, servant or employe of the said water company in the legiti- mate discharge of his or their duties, as herein enum- erated in connection with the said water works and its connections and appurtenances. Any person or persons so offending as enumerated in this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten ($10) dollars nor more than one hundred ($100) dollars. SEC. 8. The regularly constituted fire companies of this city shall at all times have the liberty to use water from the fire hydrants for the purpose of wash- ing, cleaning, or testing their engines or other appa- ratus. SEC. 9. It shall be the duty of the police force of the city of Stillwater to enforce the provisions of this ordinance and arrest and report the same to the offi- cers of the Stillwater Water Company any person or persons violating the same. CITY ORDINANCES. 257 SEC. 10. This ordinance shall take effect and be in force from and after its publication. Passed. January 4th, A. D. 1881. Published January 7th, 1881. ORDINANCE No. 44. An ordinance regulating the sale and measurement of Fire Wood. The City Council of the City of Stillwater do Oidain as follows: SECTION 1. No person, persons or corporation within the limits of the city of Stillwater shall sell, -deal in or dispose of, or offer to sell, deal in or dis- pose, of any fire wood or slabs within said limits, with- out first having the same measured or scaled by the inspector of firewood hereinafter provided for. Said inspector shall certify to the quantity of the firewood so inspected by him, and deliver the certificate to the person for whom said wood was inspected; after said wood shall have been inspected in accordance with the terms of this section and the certificate herein provided for given, the 'quantity thereof shall not be ' diminished under the penalties hereinafter provided; Provided, however, that anything in this ordinance contained shall not be construed to prevent the dis- pensing with the measurement and scaling -herein provided for when .all the parties to a contract of sale may so agree. SEC. 2. Every person or corporation delivering firewood or slabs within the limits of said city shall do so in a vehicle open at the sides with at least one 258 CITY ORDINANCES. stake at each corner of the rack or other contrivance for holding the wood. Before said vehicle shall be used for delivery purposes it shall be sealed by the wood. inspector, who shall distinctly mark or brand the fact upon said rack or contrivance above men- tioned; the stakes aforesaid shall each be so gradua- ted from the head in which they are placed that each shall distinctly show upon the outside thereof to the top the fractional parts of a cord in arithmetical pro- gression, one quarter of a cord being the ratio there- for. SEC. 3. The city council shall annually, or when- ever a vacancy may occur, appoint an inspector of fire wood who shall hold his office for the term of one, year unless sooner removed by the city council, whose duty it shall be to inspect and measure all fire wood within the limits of the city, when called upon by any person interested in. the sale or purchase of the same. Ile shall execute and deliver to the teamster, owner or person in possession, at the time, a certificate stating the quantity of each load or pile of wood, making reasonable allowance for crooked and uneven wood or wood loosely packed, estimating a cord to contain one hundred and twenty-eight solid cubic feet, giving the date of • inspection, and the • purchaser may de- mand and it is hereby made the duty of the the per- son holding the same to deliver to said purchaser said certificate when said wood is delivered; the said in- spector shall be entitled to receive the following fees for inspecting and measuring fire wood and slabs and giving certificate therefor, to wit : for every load of wood containing more than one-half cord, ten cents; for every load. containing one-half cord or less, five cents; for measuring and sealing a rack, one dollar; for measuring any pile of wood upon the levee or else- CITY ORDINANCES. 259 where, when the quantity does not exceed five cords, ten cents for each cord or fraction thereof; when said pile exceeds five cords, five cents per cord and for the excess, which fees shall be paid upon the delivery of the certificate provided for herein.. No person shall change, counterfeit or alter any certificate made by the inspector of fire wood, and whoever offends against this section shall be punished as hereinafter provided. SEC. 4. Any difference or disagreement as to the quantity of wood delivered to a purchaser may be settled and adjusted by the inspector of firewood and his measurement and certificate shall be conclusive between the parties; the expense of such measure- ment if the quantity delivered falls short of the quan- tity purchased or claimed to have been delivered shall be paid by the vender, otherwise the same shall be paid by the purchaser. SEC. 5. Whoever shall violate any of the provis- ions of this ordinance, or be guilty of any fraud or impositibn in the sale of wood, or shall change or alter any certificate made in pursuance hereof shall forfeit and pay to the use of the city'a fine of not less than'five dollars nor more than one hundred dollars. SEC. 6. All ordinances and parts, of ordinances heretofore passed by the city council of the city of Stillwater regulating the sale or measurement of fire wood are hereby repealed. SEC. 7. This ordinance shall take effect and be in force from and after its publication. Passed February 1st, A. D. 1881. Published February 4th, 1881. 260 CITY ORDINANCES. ORDINANCE No. 45. An ordinance relative to animals running at large. The City Council of the City of Stillwater do Ordain as follows: SECTION 1. No horse, mule, goat, sheep, hog, or any cattle, shall be permitted to run at large within the city at any time, and if found running at large, each and every such animal may be impounded in the puclic pound of the city, from whence they shall not be released until the owner or some other person shall pay to the Chief of Police, the sum of one dollar for the use of the city for each animal so impounded, together with the fees, costs and expenses of keeping and maintaining such animal; and the owner of any such animal shall also be subject to a fine of not more than five dollars for permitting any such animal to run at large, whether the same shall be impounded or not. Provided, however, that cows may run at large during the day time from (6) six o'clock in the morning to (8) eight o'clock in the evening, from the (1st) first day of April to the (lit) first day of Decem- ber, except that portion of said city within the follow- ing described limits, to -wit : Commencing at a point on the shore of lake St. Croix, where the centre of Pine street, projected, would intersect said lake shore, running thence north along said lake shore to a point where the south line of Wilkins street, project- ed, would intersect said shore, thence west to the west line of Main street; thence south to the north line of Laurel street; thence west to the west line- of Third street; thence south to the center line of Pine street; thence east to the place of beginning. SEC. 2. Any animal found running at large con- trary to the provisions of this ordinance may be im- pounded, and it shall be the duty of the Chief of Police to provide subsistance for all animals that he , CITY ORDINANCES. 261 may impound, the expense thereof to be' paid by the owner. It shall be lawful for the Chief of Police to sell at public vendue, to the highest bidder, for cash, any animal so impounded after keeping the same five days. Within twenty-four hours after any such animal is impounded, the Chief of Police shall give public notice of such impounding, by a written notice posted in two public places in said city, which said notice shall also contain a notice of sale and may be in the following or any other sufficient form: Notice of the impounding and sale of animals found running at large in the City of Stillwater. Notice is hereby given that on the.... day of 188.. a certain (here name the specie) of about the age of (give officer's best judgment) years, colored (describe generally) was found running at large in the city of Stillwater, and has been impounded by the proper officer for that reason. Now, unless said ani- mal be sooner reclaimed by the owner, it will be sold at -public vendue to the highest bidder for cash on the.... day of 188.. at .. o'clock .. M., of said day at in said city.. Chief of Police. And said sale may be adjourned from time to time in the discretion of the chief of police; but in no case ,shall more than two adjournments be had. The pro- ceeds of such sale after paying the fees of the chief of police and the expenses. of keeping, shall be set apart in the city treasury subject to the order of the owner; said money shall not be paid out until after the claimant of such animal sold under the provision of this ordinance shall have furnished satisfactory evidence to the mayor that he was the owner of said animal at the time of sale; the mayor shall certify said fact to the city treasurer, who thereupon shall 2G2 CITY ORDINANCES. pay over the balance arising from said sale after de: - ducting the fees, costs and expenses accruing therein under the provisions hereof to said owner; all mon- eys remaining unclaimed for the period of six years arising from any sale made under the provisions of this ordinance shall be covered into the city treasury for the use of the city. SEC. 3. The chief of police shall receive. for his services the sum of one dollar,for each animal taken up and impounded pursuant to, the provisions of this ordinance, and the sum of fifty cents for each day such animal is kept by him, and the sum of twenty- five cents for each notice of sale posted by him; and the sum of one dollar for making such sale. SEC. 4. Whenever any animal so impounded shall be sold and the proceeds of such sale shall not be sufficient to pay the penalty, fees and charges above specified, the same may be recovered of the owner of such animal by suit before a city justice in the name of the city. SEC. 5. Any. person or persons who shall break open, or in any.manner directly or indirectly aid or assist in breaking open any city pound, or who shall hinder, delay or obstruct any person or persons en- gaged in driving to the city pound any animal liable to be impounded, shall for each of . such offences on conviction thereon be punished by a fine of not less than five nor more than twenty-five dollars. SEC. G. The Chief of Police, in.the absence of any other suitable provision therefor, is hereby author- ized to provide a place wherein all animals found at large, contrary to the terms of this ordinance, may CITY ORDINANCES. 263 be kept, or he may keep them at any place in said city, in his discretion which is suitable for the pur- pose. SEo. 7. An Ordinance entitled, "An Ordinance re- lative to animals running at large," published Sep. 24th, 1870, be and the same is hereby repealed. SEC. 8. This Ordinance shall take effect and be ' in force from and after its publication. Passed April 19th, A. D. 1881. •Published, April 22d, 1881. ORDINANCE No. 46. An Ordinance Relative to the Disturbing of the Peace and other offences. The City Council of the City of Stillwater do Ordain as follows: SECTION 1. It shall not be lawful for, any person or persons, within the limits of the City of Stillwater, to disturb the peace and quiet, or suffer the same to be done, of any street, lane, alley or neighborhood; or any family of persons; or any meeting of persons for a lawful purpose, whether the same be religious, civil, political or of whatsoever character; or any place of amusement or other public resort, by any loud or un- usual noise, by blowing horns, trumpets or other in- struments or engines; by the beating of drums, tam- borines, kettles, pans or other sounding instruments or devices; by the rattling of bells or other instru- ments or machines; by singing, bellowing, howling, screaming, obscene or profane language or conversa- tion; by .swearing, quarrelling, scolding hallowing, cursing, challenging, assaulting, tumultuous or of- fensive or indecent language, or by any other device 264 CITY ORDINANCES. or any pretence whatever, or by discharging' or firing off any fire -arms or fire -works of any kind; any person offending against any provisions of this sec- tion, upon conviction thereof, shall be subjected to a fine not exceeding one hundred dollars, nor less than five dollars, or to imprisonment in the city prison not to exceed ninety days or less than five days, or to both such fine and imprisonment in the discretion of the, court before whom it is tried. SEC. 2. Any person or persons permitting or suf- fering any disturbance as above described upon any premises owned, occupied or possessed by him or her shall forfeit and pay to the city of Stillwater the sum of ten dollars for the first, and twenty dollars for ev- ery subsequent offence and if any person so offending be the keeper of any house licensed by the city coun- cil said person shall upon a third correction, incur a forfeiture of his license and the proof of such acts having been done in any such place shall be prima facie evidence that the same were ,done with the con- sent of the owner, occupant or possessor but such presumption may be rebutted by proof. SEC. 3. Every person who shall play at any game, billiard, ten pins, or games of amusement, or at any other game or play in any street, alley, square, pub- lic avenue or market place on Sunday, shall be fined for each and every offence the sum of five dollars to be recovered as other penalties to the city. SEC. 4. 'Any person appearing upon any of the public streets or in any meeting of the citizens, or in or about any public place within the limits of the city of Stillwater in a state of intoxication shall be deemed guilty of a breach of the peace, and good order of said city of Stillwater, and -shall upon conviction CITY ORDINANCES. 265 thereof be liable to the punishment and penalties provided in section one of this ordinance. SEc. 5. Any person who shall appear in any street, lane, alley, or other public place in said City of Still- water, in a state of nudity or in a dress not belonging to his or her sex or in any indecent or lewd dress, or shallmake any indecent exposure of his or her per- son, or be guilty of any obscene or filthy act, or any lewd, indecent, immoral or insulting conduct, lan- guage or behavior, or shall exhibit, sell, or offer to sell, any indecent or lewd book, picture or other thing; or shall exhibit or perform any indecent, im- moral or lewd play or other representation, shall up- on conviction thereof be liable to the punishment and penalties provided in section one of this ordi- nance. SEC. 6. No person shall swim or bath in the Lake St. Croix, or in any waters within the limits of the City of Stillwater, between the hours of six o'clock in,the forenoon and nine o'clock in the afternoon. Any person violating the provision of this section, 'shall, upon conviction thereof, be liable to the pun-' ishment and penalties provided in section one of this ordinance. SEC. 7. No person shall indecently exhibit any stud. horse, or let any such horse to any mare, within the limits of the City of Stillwater, unless in some inclosed place out of public view. Any person so ex- hibiting any stud horse or letting any such horse to any mare, unless as aforesaid, shall, on conviction thereof, be liable to the punishment and penalties, provided in section one of this ordinance. SEC. 8. Any person who shall inhumanly, unneces- sarily, cruely or wantonly beat, injure or otherwise 266 CITY ORDINANCES. abuse any dumb animal, within the limits of the City of Stillwater, shall, upon conviction thereof, be pun- ished by a fine not exceeding twenty-five dollars. SEC. 9. An ordinance entitled, "An ordinance re- lative to the disturbing of the peace and other offen- ces," published April 11th,1871, is hereby repealed. SEC. 10. • This ordinance shall take effect and be in force from and afterits publication. Passed, April 19th, 1881. Published, April 22d, 1881. ORDINANCE No. 47. An ordinance relative to riding, driving and hitching horses or other animals in the streets. The City Council of the City of Stillwater do Ordain as follows: SEC. 1. No person shall ride or drive any horse or horses or other animals in such manner as to endan- ger or unreasonably incommode any person, and where any street or lane or other public place is crowded with teams, wagons or other vehicles, *or through which any civil, military; or funeral proces- sion is passing. Any person having charge of any horse, team, wagon or other vehicle shall obey an order for the removal of such horse, team, wagon or other vehicle given by the mayor chief of police or any police officer. SEC. 2. No driver of any omnibus or stage shall pass or attempt to pass any other omnibus or stage going in the same direction, while the same is mov- ing at the rate of five miles per hour.' CITY ORDINANCES. 267 SEC. 3. No person shall leave any horse or horses, whether attached or unattached to any carriage, wagon, cab, or other vehicle standing on any street, lane, alley, or public grounds in said city unless the same be securely fastened, or the reins be in his hands or within his reach. SEC. 4. No person, shall tie, hitch or fasten any horse, oxen, mules or other animals to any lamp post. or water hydrant within the limits of the city of Still- water. SEC. 5. No person shall drive any horse or car- riage or vehicle of any kind through any funeral, military or civic procession. SEC. 6. No person or persons shall drive, ride or run any horse, mare; or gelding or any beast of, draught or burthen, or drive any carriage whatsoever in any public place within the corporation limits fas- ter than or beyond a moderate trot or pace. SEC. 7. Any person violating any provision of this ordinance shall upon conviction thereof be punished by a fine not exceeding fifty dollars. SEC. 8. An ordinance entitled "an ordinance rela- tive to riding and driving of horses or other animals in the streets," published April 18, 1871, is hereby re- pealed. SEC. 9. This ordinance shall take effect from and after its publication. Passed April 19th, 1881. Published April 22, 1881. 268 CITY ORDINANCES. ORDINANCE No. 48. An ordinance to prevent hogs, pigs and swine from be- ing kept or confined within certain limits. The City Council of the City pf Stillwater do Ordain as follows: SEc. 1. It shall be unlawful for. any person, per- sons, or corporation within the limits hereinafter designated, to keep, confine or harbor any hog, pig or swine in an enclosure or otherwise in the city of Stillwater; such limits shall include all that part of said city bounded by the lines herein designated and all lots touching upon said lines, and said lines are hereby designated to be as follows : commencing at a point in the center of Lake St. Croix easterly from and on a line with the center of Burlington street in said city, thence westerly in a•straight line to Fourth street, thence northerly along said Fourth street to the center of Hancock street; thence westerly on the center line of Hancock street and Hancock street extended. to Western row; thence northerly along the center line of Western row and said Western row extended to the center line of Mulberry street; thence easterly along the center line of Mulberry street to Martha street in Thompson, Parker & Mower's sec- ond addition; thence north on a line parallel to said Martha street to Mower street in Wilkin's addition; thence easterly on a line parallel to said Moore street and Moore street extended to the center of Lake St. Croix; thence southerly on a direct line to the place of beginning. SEC. 2. The keeping or confining of any hog, pig or any swine within the above limits is hereby de- clared a public nuisance. CITY ORDINANCES. 269 SEC. 3. Any person violating any provision of this ordinance shall, upon conviction thereof, be punished by a fine not exceeding twenty-five dollars each and every day, any hog, pig,.or swine shall be kept or con- fined within the above designated limits; said keep- ing or confining upon the part of the person guilty of the same shall constitute a separate and distinct violation of the provisions of this ordinance. SEC. 4. An ordinance entitled "An ordinance to prevent hogs, pigs, and swine from being confined or running at large within certain limits," published June 28th, 1873, be and the same hereby is repealed. SEC. 5. This ordinance shall take effect and be in force from and after its publication. • Passed April 19th, 1881. Published April 22, 1881. ORDINANCE No. 49. An Ordinance Prescribing Fire Limits and Regulating the Construction of Buildings to Guard against Fire. The City Council of the City of Stillwater do Ordain as follows: SEC. 1. The limits herein prescribed shall be known and hereby are designated the fire limits of the City of Stillwater, and the whole of the ground included within these prescribed limits or boundaries shall be deemed to be and are hereby declared to be within the fire limits 'of said city, and to extend, over the full length and breadth of all lots, parts of "lots, pieces and parcels of ground lying or being therein, which said limits are bounded as follows, to -wit: Beginning at a point in said City of Stillwater, where the south line of Nelson street intersects the shore 270 CITY ORDINANCES. of Lake St. Croix, running thence northerly along the shore of said Lake St. Croix as the same winds and turns to a point where the north line of Commer- cial avenue projected would intersect said lake shore; thence west on the north line of Commercial avenue, and said line projected to the east line of Third street where the north line of Commercial avenue projected would intersect the said east line of Third street; thence south on the east line of Third street to the north line of Oak street; thence east to the place of beginning. SEC. 2. No person shall hereafter erect, build, construct or place any building or part of a building within the aforesaid limits, unless the external walls of such building or part of a building shall be wholly and entirely constructed of stone, brick, granite, marble or iron with a party or fire wall of .the same material, rising at least ten inches above the roof, ex- cept that elevators and mills may 'be constructed within said limits of wood which said elevators or mills when so constructed shall thereupon be imme- diately covered with iron of not less weight or size than what is known as number twenty-seven corru- gated iron with roof of tin, iron or other fire proof material; Provided, that any building heretofore built within said limits may be covered with iron of the size or weight above designated but , nothing in this ordinance contained shall be construed to au- thorize or permit any person to cover or veneer any wooden building with brick within said limits. No wooden cornice shall be placed upon any building within the above described limits, and the construc- tion of any building not conforming to the provisions of this ordinance is hereby forbidden under the pains and penalties hereinafter provided. CITY ORDINANCES. 271. SEC. 3. , Any person or persons violating any of the provisions of the foregoing sections for each and every week any building constructed or built of ma- terial hereby forbidden, shall be permitted to remain within said limits, shall severally forfeit and pay the sum of not less than",fiftA dollars nor more than one hundred. dollars. Each and every week such building shall be permitted to remain in said limits contrary to the provisions of this ordinance shall constitute a separate and distinct offence. SEC. 4. No person shallzplace or pile any lumber, slabs or wood within the foregoing limits; Provided, That nothing herein contained shall prevent the tenant or occupant of any dwelling house, tenement, store or other building from keeping on hand such an ainount of wood for fuel as is necessary, not exceed- ing in amount five (5) cords to each dwelling house, tenement, store or other building except such wood be stored in a fire proof building as provided in this ordinance; And provided further, That nothing herein shall prevent the',`•landing and storing of wood on the public levees under such restrictions as may be made by the fire marshal from time to time; And provided also, That the same is landed and stored under the direction and control of the fire marshal and chief of police. SEC. 5. Wooden buildings not more than eight feet square, or wood house for 'the keeping and stor- ing of fire wood not to exceed ilfteen feet in length, twelve feet in:width and twelve feet high, or a barn which shall not exceed twenty feet in length, sixteen feet in width and twelve feet in height, to be measured from:the common surface of the earth to the top of the plates, may be erected within the aforesaid limits with and by the consent_of the city council first ob- .272 CITY ORDINANCES. tained; Provided, That any building so erected shall in no case be used for any purpose other than the one for which it was built or designed, and in no case shall any stove, grate, fireplace or other contrivance be placed in any such building for the purpose of enabling a fire to be made or used therein. SEC. 6. In all buildings hereafter to be erected within said limits in blocks of two or more buildings, there shall be erected partition walls running at right angles with the street, lane or alley upon which the same may front, or as nearly at right angles with such street, lane or alley as the plan of the city will permit, constructed of stone Or brick at least one foot in thickness and extending at least ten inches above the roof of such building. Any person, whether owner, part owner or builder, who shall erect or cause to be erected a building; or part of a building, con- trary to the provisions of this section, shall be punish- ed as provided in section three of this ordinance. SEC. 7. No person shall raise or elevate from the ground any wooden building now standing within said limits by constructing thereunder or thereon another story or part of a story, or in any other way increase the height of said building. Any violation hereof shall be punished as provided in section three; Provided, That this section shall not be so construed as to operate against any building that may be affect- ed by. the grading of any street within said limits and any such building so affected shall in every case be repaired with stone or brick, and provided further that all buildings in process of erection, or persons who may have building material on the ground, and who have contracted for the erection thereof shall not be affected by this section. CITY ORDINANCES. 273 SEC. ,8. No person shall remove any building of wood from any part or section or lot within or with- out said fire limits to any other section or lot within the same; and in case any person shall violate any of the provisions of this section he shall forfeit the pen- alty of fifty dollars for each and every week such building shall be permitted to remain on the place to which it shall have been removed; Provided, that the city council may by a vote of two-thirds of all the members elect, authorize the removal of any building from any place within the fire limits to any other point or location within the said fire limits. SEC. 9. No chimney shall be built, placed or con- structed in and building within or without the fire limits of said city whose , narrowest. inside diameter shall be less than eight inches; it shall be the duty of the chief of police to see that this section is enforced. Whoever offends against the provisions of this sec- tion shall be punished as provided in section three hereof. SEC. 10. In case any person shall construct, erect, build, put or place any building or structures, or at- tempt to do the same, or shall place, put or pile any wood, lumber or slabs, or attempt to do the same within the afore described fire limits in violation of this ordinance, the same may be declared a public nuisance by the city council of .the city of Stillwater, and the said city council may cause the removal of the same by the chief of police under the direction of the mayor and at the expense of the owner 'or the person violating this ordinance, and such expense so incurred may be recovered of such owner or person violating this ordinance in an action of debt before any court -of competent jurisdiction. 274 CITY ORDINANCES. SEC. 11. The ordinance entitled "An ordinance relative to fire limits," passed December 7th, A.D. 1875, and published December 18th, 1875, is hereby repealed. SEC. 12. This ordinance shall be in force from and after its publication. Passed May 3rd, A. D. 1881. Published May 13th, A. D. 1881. ORDINANCE No. 50. An Ordinance to repeal an Ordinance relative to taking Private Property for public use. The City Council of the City of Stillwater do Ordain as follows: SEC. 1. That an ordinance entitled "An ordinance relative to taking private property for public use" and also "An ordinance to carry into effect the city char- ter relative to taking property for public use within the city of Stillwater," passed March 24, A. D• 1871, and published April 25, A. D. 1871, be and the ' same hereby is repealed. SEC. 2. This ordinance shall be in force from and after its publication. Passed July 19, A. D..1881. Published July 22d, A. D. 1881. ORDINANCE No. 51. An ordinance to amend an ordinance entitled "An or- dinance relative to Streets, and Sidewalks," and the title; thereof. The City Council of the City of Stillwater do Ordain as follows: SECTION 1. That an ordinance entitled "An ordi- nance,relative to streets and sidewalks,"•be' and the CITY ORDINANCES. 275 same hereby Is amended so that the title to said ordi- nance shall be in the words following, to wit : "An ordinance relative to streets, sidewalks and public grounds;" and further, said ordinance is hereby amended so as to read as follows, to -wit : SEC. 2. That no person shall encumber or ob- struct any street, sidewalk, lane, alley, public ground, public landing, wharf or pier, or other public place by placing therein or thereon any building materials, carriages, carts, wagons, sleighs, boxes, lumber, fire- wood, posts, awnings, or any other materials or sub-. stances whatever, without having first obtained writ- ten permission from the city council of said city; such permission shall specify the portion of sidewalk and street to be used, and the period of such use which shall not exceed two months; but in no case shall any person use more than one-half of the side- walk and half of the street.' The city council may at •any time revoke such license, at the expiration of the permission, and on the revocation of 'it such person shall remove the said material, substance or obstruc- tions from the street and sidewalk. SEC. 3. That no person shall throw or deposit or permit to be thrown or deposited,. any dirt, paper or filth, the sweepings of any house, store, shop or office, or any ashes, shavings, filthy water, offal, straw, wood, stones, earth, manure or rubbish of any kind, on or into any street, gutter, sidewalk, lane, alley or public ground of the city. SEC. 4. No person shall dig, remove or carry away or cause the same to be done, any stone, earth, sand or gravel, from any street, gutter, lane, alley or pub- . lic ground within the city of Stillwater without per- mission from the city council of said city. 276 CITY ORDINANCES. SEC. 5. No person shall suffer any carriage, wagon, cart, sleigh, or sled for the purpose of being repaired, or for_any other purpose, to remain or stand in any street or lane for more than ono hour. SEC. 6. No person shall remove or cause to be re- moved any building through any street, without the written permission of the city council. SEC. 7. No person, persons or corporation shall erect, keep or maintain any sign of any kind or ma- terial whatsoever, either suspended from any build- ing or fastened to or supported by posts so that the same in any manner shall overhang, cover or be di- rectly above any portion of any sidewalk in the city of Stillwater; and it shall be unlawful to erect, keep or maintain any sign upon any building, lamp post, telegraph post or other support which shall extend toward'the street beyond the line dividing any private property from the sidewalk or street upon which the same abuts. All signs which may have heretofore been erected or put up in said city that now remain, the erecting, keeping or maintaining of which is in .this ordinance prohibited, are hereby declared to be embraced within the terms and provisions hereof, and whoever shall keep, retain or maintain such signs in the manner prohibited as aforesaid for the period of one week after the passage and publication of this ordinance shall be held liable to the same pains and penalties as though said signs had been erected or put up since the passage and publication hereof. SEC. 8. All awnings that shall be hereafter put up or that may already have been put up shall be sus- pended from the building to which they are attached in such manner that the same can easily be raised or folded up; and that when so raised or folded,no part CITY ORDINANCES. 277 of the sidewalk shall be covered thereby, and in no case shall any awning be suspended from or fastened to any post standing or being within the limits of the street or sidewalk. Awnings shallbe securely fasten- ed by iron or other metalic fastenings to the build- ings to which they are attached, and shall be cover- ed with cloth, leather or other pliable substance, and no awning shall be either erected or repaired in whole or in part of wood. All awnings shall at all times be elevated in the lowest part thereof eight feet at least above the top of the sidewalk. SEC. 9. No person shall course or slide on hand - sleds, skates, or in any other manner in or upon any sidewalk, street, lane, alley or public grounds in said city of Stillwater. SEC. 10. No person shall build or place any build- ing, in whole or in part, upon any street, alley, side- walk, gutter, or other public ground within the city, of Stillwater. SEC. 11. No person shall make any drain, ditch or bridge across any street, gutter, lane, alley, or pub- lic ground in said city, so as to injure the same or obstruct its passage. SEC. 12. No person shall deposit, leave or place any stable manure or rubbish on any of the streets, gutters, lanes or public grounds of the city of Still- water without having a written permission from the city council therefor. SEC. 13. No person or persons shall place or suffer to be placed upon any sidewalk in the city of Still- water, any goods, wares or merchandise for sale or show ' beyond the front line of the lot where such goods may be exposed. 278 CITY ORDINANCES. SEC. 14. No person shall pile, deposit or place, or or cause or permit to be deposited, piled or placed any rubbish, wood, coal or merchandise, dirt, impedi- ment or obstruction of any kind upon or over any sidewalk or crossing in said city, nor to occupy or obstruct any sidewalk or crossing so as to interfere with the convenient use of the same by all passen- gers. SEC. 15. No person or persons receiving or deliver- ing goods, wares or merchandise in the city of Still- water, shall place or keep upon or suffer to be placed or kept upon any sidewalk any goods, wares or mer- chandise which he or 'they may be receiving or de- livering, without leaving a passage way clear upon such sidewalk, where said goods may be, of four feet wide, for the use of foot passengers, and no person or persons receiving or delivering such goods shall suffer the same to be or remain on such sidewalk (subject nevertheless to the foregoing restrictions) for a longer period than twenty-four hours. SEC. 16. , No person or persons shall sell or attempt to sell, or shall cry for sale at public auction within the city of Stillwater, any goods, chattels or personal property whatever to any person or persons upon the sidewalks or streets within the said city, so as to col- lect a crowd upon the sidewalks and streets whereby the free passage thereof to any person or persons is prevented or hindered. This section shall include licensed auctioneers of the city, and it is hereby made the express duty of the chief of police and all police officers of said city to cause the strict obser- vance of this and all other ordinances relative to the obsthiction of sidewalks and streets within said city of Stillwater. CITY ORDINANCES. 2 7 9 SEC. 17. No person or persons shall push, draw, back, drive or ride any horse, carriage, cart, sleigh or other vehicle or any horse, mule, cow or other animal over or across any sidewalk, pavement or curb, into any house, building, lot or other enclosure, unless such sidewalk, pavement or curb has a suitable plank, brick or stone crossing or means of access; Provided, which crossing or means of access shall be furnished and kept in repair by the owner or occupant of such house, building, lot or enclosure at all times to the satisfaction of the city council; Provided, That ,per- mission to use such sidewalk and to furnish the nec- essary means of crossing or access over the same shall first be obtained from the city council. Any person or persons who shall use a sidewalk, pavement or crossing contrary to the provisions of this section, or who shall neglect or refuse to keep such crossing in repair after three day's notice from the chief of police, shall be punished by a fine not exceeding fifty dollars for each offense. SEC. 18. No person shall at any time fasten any horse or horses in such a way that.the horse, vehicle, reins or lines shall,sbe an obstacle to the free use of the sidewalk or crossing, and all crossings and side- walks in said city shall be kept and reserved free from any sleighs, wagons, carts or carriages, or horses or other animals being placed or suffered to stand there- on, except.:so,far as may be necessary for the same. SEC. 19. The occupant ,of each and every tene- ment or building in the city of Stillwater fronting upon any street, the sidewalk of which is of plank, stone or brick, and the owner of any unoccupied lot fronting as aforesaid shall clear the sidewalk in front of such tenement, building, or unoccupied lot, as the 280 CITY ORDINANCES. case may be, of snow and ice by ten o'clock in the forenoon of each day and cause the same to be kept clear of snow and ice. SEC. 20. No person shall allow any cellar door or grating to rise above the surface of the sidewalk, nor allow , any fastening to remain on the upper side thereof projecting above the sidewalk. SEC. 21. Ne person or persons shall fill up, dam or otherwise obstruct the free course of the water in any of the ditches, gutters, or sewers within- the limits of the city of Stillwater. SEC. 22. No person shall allow any door attached or hung to any store, shop or other building, or any gate to swing into, upon or over any sidewalk within the limits of the city of Stillwater. SEC. 23. It shall not be lawful for any person within the limits of the city of Stillwater to blast or quarry.any rocks or stone in the vicinity of any street, alley or highway, so as in any manner to endanger the life or limbs of any person passing along such street, alley or highway. SEc 24. It shall not be lawful for any person wilful- ly or wantonly to roll any stones, rock or other thing down the side of any bluff into any street, alley or highway in said city, so as in any manner to obstruct the free passage thereof or along the same, nor to roll any stone, rock or other thing wilfully or wanton- ly down the side of any bluff into any street, alley or highway, or toward any street, alley or highway in said city in such a manner as may frighten or have a tendency to frighten or be liable to frighten any horse driven or rode along such street, alley or highway. CITY ORDINANCES., 281 SEC. 25.. In the_construction of all ordinances of this city, every word importing the singular number only may extend and be applied to several -persons or things, as well as to one person or thing, and every word importing the plural number only may extend and be applied to one person or thing, as well, as to several persons or things, and every word importing the masculine gender only may extend and be applied to females as well as to males; the word persons may extend and be applied to bodies corporate as well as to individuals. Any person violating the provisions of this ordinance shall upon conviction thereof be punished by a fine not exceeding fifty dollars. SEC. 26. No person shall feed any horse, ox, mule or other animal on the sidewalks or streets of the city of Stillwater with hay, oats, or any other food. SEC. 27. This ordinance shall take effect from and after its publication. Passed August 16th, A. D. 1881. Published August 19th, 1881. ORDINANCE No. 52. An ordinance relative to Draining into the City Sewers. The City Council of the City of Stillwater do Oidain as folloNvs: SECTION 1. That all house -drains connected with city sewers, shall be executed in accordance with a plan sanctioned by the city engineer and under his direction and inspection. These house -drains shall be laid true to lime and grade given; they shall have an inclination or fall not flatter than one in sixty; they shall be of stong, smooth, glazed, earthenware 282 CITY ORDINANCES. pipe, not more than four inches interior diameter, except by permission of the engineer, which shall have a break or trap to prevent it from forming a con- tinuous flue, by which gasses may flow into the house. All such house -drains shall connect with the main sewers at the branch inlets provided at the time of the laying of the sewers. No person shall tap or make connection with the main sewers except by permission of and under the direction of the city en- gineer. SEC. 2. Any person violating any of the provisions of this ordinance, upon conviction thereof, shall pay a fine not to exceed one hundred dollars nor less than fifty dollars, and the city engineer is hereby author- ized to remove any pipe or drain laid contrary to the terms of this ordinance or the instructions of said engineer at the cost of the person laying the same or causing the same to be laid, to be recovered in a civil action. SEC. 3. This ordinance shall be in force from and after its publication. Passed August 16th, 1881. Published August 19th, 1881. ORDINANCE No. 53. An Ordinance relative to Sidewalks and Gutters. The City Council of the City of Stillwater do Ordain as follows: SECTION 1. That hereafter all sidewalks construct- ed along any street shall conform to the following regulations : On all streets in the city of Stillwater which are forty feet wide or more and not more than - sixty feet wide, sidewalks shall be eight feet wide, and CITY ORDINANCES. 283 uniform unless' otherwise ordered; on all streets less than forty feet wide, all sidewalks must be six feet wide, and all streets more than sixty feet wide the sidewalk shall be ten feet wide. SEC. 2. All sidewalks shall range uniform on the street or gutter line. SEC. 3. All sidewalks shall be constructed of wood, brick, hammer -dressed stone, iron and glass or con- crete, and shall always run back to the property line 'of the lot fronting the same. SEC. 4. When sidewalks are constructed of wood, unless otherwise ordered, the timber shall not be more than six inches wide nor less than two inches thick or of two by four inch scantling set on edge. SEC 5. Curb stones to form the edge of sidewalks and one margin of the gutter shall be of hammer - dressed stone six inches wide on the upper or finished edge, not less than twenty inches deep, and of pieces not less than four feet long, well joined at the ends. Said stone shall be set in the ground so as to form a finished edge to the sidewalk, which edge shall be nine inches above the gutter or lowest portion of the street surface. The city engineer will give the grade of the street by the setting of the curb stones, and the city council by its employees or by contract, as in its discretion may deem best, shall cause all curb- stones to be set in said city, the cost and expense thereof to be assessed upon the property fronting on such improvement on the same side of the street: The setting of all curb -stones shall be under the di- rection of the city engineer and upon grades given by him. SEC. G. All gutters shall be built of sound stone blocks laid in rows or courses from the curb -stone 284 CITY 01?DINAICLSi towards the ' center of the 'street;'t11e " courses- to be about four inches wide. The stone forming the courses shall be about eight inches long and -six inch-` es deep to be fairly jointed'at the side and ends. The same shall be laid so as to conform to the 'general surface and crown of the street. The paved, gutter to be , not less than five feet wide and nine, inches deep at the curb -stone, and shall be uniform for each; block in a street. The form of the, gutter shall con-, form to a drawing on file in the office of the city en-, gineer who shall have power to reject the stone or the workmanship of the gutters if they,do not con- form to the above regulations. SEC. 7. All sidewalks constructed of wood shall be based on a solid foundation, and when built of wood the material shall be laid ab follows: Six feet, sidewalk on three stringers; eight feet sidewalk on three stringers; ten feet sidew,� ik on four stringers. SEC. 8. All persons while constructing sidewalks shall keep up guards by day and night to make the sidewalk space safe and secure against accidents ,to persons or property. SEC. 9. All sidewalks shall be so laid as to con- form to the grade of the street where streets have been graded as said grade has been established by the city council. SEC. 10. Any person or persons`failing, neglecting or refusing to comply with these regulations or any provision of this ordinance may ,be conipla,ined against by any person, a,nd, upon conviction of a viola- tion or omission of any of the provisions shall be fined in a sum not exceeding one hundred dollars nor less than ten dollaf's, and the city council may dectare any structure or obstruction pled %upon any portion CITY' ORDINANCES. 285 of a street contrary to the terms hereof to be a nuis- ance and cause the same to be removed at the cost of the person placing for causing the, same to be placed there to be xecolvered in a civil action. SEC. 11. This ordinance shall be in force frol and after its publication. Passed August l6th, A. D. 1881. Published August 19th, 1881. ORDINANCE No. 54. An ordinance changing the name of certain Streets. The City Council of the City of Stillwater do Ohdain as follows 'SECTION 1. That the names of the several streets hereinafter mentioned be changed as hereinafter des ignated , and henceforth said streets shall be known and designated by the name to which 'the same is, hereby changed, ,and said names as hereby fixed shall be held to, be the true name, of said streets, with the, same force and, effect and to .the same extent as, though said names were the original names given said streets, to wit : Second, Third, Fourth, Fifth and Sixth streets in Hersey, Staples & Co's addition to be called avenues instead of streets. Jeannie street to be called Holcombe street. Smith street to be called Harriet street. Rutz street to be called Martha street. Beecher street and Mary street to be called Everett street. Western Row to be called Greeley street. Pennock street,to be galled Churchill street. 286 CITY ORDINANCES. Goodwood street and Silver street to be called Willard street. Spring street to be called Myrtle street.. Minnesota street to be called Owens street. Marine street to be called William street. John street to be called Pine street. St. Paul road to be called Olive street. Division street to be called Oak street. Orange street and South avenue to be called Wi-- kin street. Magnolia street and Cooper street to be called • Stillwater avenue. Almond street and Clark street to be called St. Croix avenue.. • Wisconsin street and Lake street to be called Syca- more street. Broadway street in McKinstry and Seeley' s addi- tion to be called Hemlock street. SEC. 2. That any order or resolution of the city council on the names of streets, on any plat or addi- tion dedicated by the proprietor thereof conflicting with the foregoing section is hereby rescinded, chang- ed and modified to correspond therewith. SEC. 3. This ordinance shall be in force from and after its publication. Passed August 16th, A. D. 1881. Published August 19th, 1881. County: City of Stillwater Book: : Charter and Ordinances ofthe City of Stillwater Volume: 1881 Page Number: 287 Page(s)was not present in the document at the time of scanning, and therefore they were not scanned. KOFILE TECHNOLOGIES, INC STANDING ULES FOR THE GOVERNMENT OF THE CITY COL"NCIL OF THE CITY OF STILLWATER. RULE I. ttegular Sessions. —The city council shall hold regu- lar sessions upon the first and third Tuesday of every month, at 7:30 o'clock, P. M., unless the council shall otherwise direct. RULE II. Presiding Officer. —The president of the city coun- cil, or in his absence the vice-president or temporary presiding officer, shall take the chair at the time ap- pointed for the meeting of the council, and shall call the council to order. The roll of members Shall then be called by the clerk. 288 STANDING RULES. RULE III. Reading Miiuttes.—Upon the appearance of a quor- um, the minutes of , the preceding session shall be read by the clerk,, and any mistake therein may be then corrected by the council. RULE IV. Ditties of President. —The president or presiding. o e of the cqunciltshall preserve order rand decor- s . ur , a}id ai1' decide;gitest�ions f ordef, subje4 to a# appeal to the council. Order of Baseness. —The following shall be the or- der of business: 1. Petitions, applications and communications to the council. 2. Reports from officers of the city. 3. Reports from standing committees. 4.' Reports from special committees. 5. Unfinished business remaining from preceding sessions in the order in which it was introduced. 6. , New business —embracing resolutions and oth- er matters offered for the consideration of the council. Provided, That the 'canvassing of 'the returns of the rnunicipral elections; the election and appoint- ment of officers, and the appointment of standing committees, shall supercede all other business. And provaded farther, That at special sessions of the council, .called for a particular object or purpose, no other business thall be transacted by tie-coiincil, not Connected with such particular object or purpose, until the business for which such special , meet- ing was called has been disposed of, unless with ,the unanimous consent of the members present. STANDING RULES. 2S9 RULE V. Appointment of Committees —At the first regular meeting in April after the annual election, or as soon thereafter as may be practicable, the president shall appoint the following standing committees of three members each, except the Committee on Purchases, which shall consist of four members, viz : A Committee on Finances. —Who shall examine, au- dit and report upon all matters of account or claim, in favor of or against the city; to examine and report upon all matters relative to the revenue, and such financial affairs of the city, as may be referred to them; to in- quire into the state of the city debts, the revenue and the expenditures; and whether any and what re- trenchment I can boa, made with any advantage; and to report from time to time such provisions and ar- ratigements as may be promotive of economy, order and accountability, in the conduct of the fiscal con- cerns of the city. A Committee on Streets —Who shall examine and report upon all matters relating to streets and side- walks within the city, as may be referred to them, and to report from time to time upon such matters generally as properly fall within the sphere of their duties in the premises. A Committee on Fire Department —Whose duties shall be such, relative to the fire department of the city, as are devolved by the rules upon the other committees, relative to their duties. A Committee on Bridge —Whose duties shall be such, relative to the Stillwater Bridge of the city, as are devolved by the rules upon the other committees, relative to their duties. 290 STANDING RULES. A Committee on Taxes. A Committee on Printing. A Committee on Ordinances —Who shall examine and report upon all ordinances submitted, and see that they are drafted in proper form. A Committee on Buildings and City Property. A Committee on Purchases. _ And such other standing committees as the city council may from time to time provide for. RULE VI. Presiding Officer to Vote —The president or presid- ing officerZof the council shall vote on all questions taken by yeas and nays (except on appeals from his own decisions,) and in elections, and all divisions called for by any member, he shall vote last upon calling the yeas and nays. RULE VII. Adjournment —When the council adjourns the members shall keep their seats until the president or presiding officer announces the adjournment. RULE VIII. Members to Address the Chair —Every member of the council, previous to his speaking, shall rise from his seat and respectfully address himself to the chair by the appellation of "Mr. President." RULE IX. Procedure in Speaking. —When two or more mem- bers rise at once, the President or presiding officer STANDING RULES. 291 shall designate the member who is first to speak; but in all cases the member who shall first rise and ad- dress the chair, shall speak first. RULE X. No Member to Speak More titan Twice. —No per- son shall speak more than twice on the same ques- tion without leave of the council, nor more than twice until every member who chooses to speak shall have spoken, except chairmen of committees upon matters reported by them. RULE XI. Reports of Committees. —All reports made by any special or standing committee shall be reduced to writing by the committee before being submitted to the council. RULE XII. Motions. i No motion shall be debated or put, un- less the same be seconded; it shall be stated by the president or presiding officer before debate, and any such motion shall be reduced to writing if the presi- dent or any member desire it. RULE XIII. Motions. —After a motion shall be stated by the president or presiding officer, it shall be deemed to be in possession of the council, but may be with- drawn at any time before amendment or decision; but all motions, resolutions, or' amendments shall be entered at large upon the minutes or proper record, whether they are withdrawn, rejected, or adopted. 292 STANDING RULES. RULE XIV. Motions. —When .a question is under, debate, no motion shall be received but to adjourn; to lay on the table; for the previous question; to postpone in- definitely; to postpone to a certain day; to commit; or to amend; which several motions shall have pre- cedence in the order in which they stand arranged. RULE XV. Motions. —A motion to adjourn shall always be in order, except when a member is addressing the chair, or a vote is being taken; that and the motion to lay on the table shall be decided without debate. RULE XVI. Previous Question. —The previous question shall be in this form: "Shall the main be now put?" It shall only be admitted when demanded by a majority of the members present, and its effect shall be to put an end to all debate, and bring the council to a direct vote upon amendments reported by a committe, if any, upon pending amendments, and then upon the main question. On a motion for the previous ques- tion, and prior to the seconding of the same, a call of the council shall be in order; but after a majority shall have seconded such motion, no call shall be in order prior to a decision of the main question. Absentees. —The chair, or any two members, may have a call of the council, and the names of the ab- sentees shall be noted by the clerk. Every such ab- sentee not offering a reasonable excuse for his ab- sence, when called upon, or when summoned for that purpose, shall be fined for each default, 'such sum, not exceeding $2.50, as the council may deem pro- per. STANDING RULES. 293 RULE XVII. Previous Question. —When the previous question is decided in the negative, it shall leave the main ques- tion under debate for the residue of the sitting, unless sooner disposed of by taking the question, or in some other manner. RULE XVIII. Incidental Questions of Order. —All incidental ques- tions of order arising after 'a motion is made for the previous question, during the pending of such motion, or after the council shall have determined that the main question shall now be put, shall be decided whether on appeal or otherwise, without debate. RULE XIX. Petitions, How Presented. —Petitions, memorials, and other papers addressed to the council, shall be presented by the chair, or by a member in his place, or may be read by the clerk at the request of a mem- ber or the chair. All petitions, memorials, and other communications which may be filed with or delivered to the clerk prior to the meeting of the council, shall. be laid upon the desk of the president or presiding officer. RULE XX. Voting. —When a. question is put by the chair, every member present shall vote, unless the council, for special reasons, shall excuse him; but if interested he shall not vote. Division. —In doubtful cases, the chair may direct or any member call for a division. The yeas and nays shall be called upon the requisition of the chair or of any member. 294 STANDING RULES. RULE XXI. When the chair is putting the question, no member shall walk out or across the house; nor when a mem- is speaking shall any person entertain any private discourse, or pass between him and the chair. RULE XXII. If the question in debate contains several points, any member may have the same divided. RULE XXIII. A member called to order shall resume his seat unless permitted to explain; and the council if ap- pealed to, shall decide in the case; on an appeal no member shall speak but once without leave of the council. RULE XXIV. Committee of the whole. —On forming a committee of the whole council, the president or presiding officer shall leave the chair, and shall call some member to preside. RULE XXV. Questions in order.=All questions, whether in the committee, or in council, shall be put in the order they were made, except in cases of privileged ques- tions; and in filling blanks, the longest time and the largest sum shall be first put. RULE XXVI. The rules of the council shall be observed in com- mittee of the whole, as far as they may be applicable, STANDING RULES. 295 except the rule limiting the time of speaking, and the previous question shall not be put in a committee of the whole. RULE XXVII. A motion that the committee rise shall always be in order; and shall be decided without debate. RULE XXVIII. The clerk shall not enter upon the journal the pro- ceedings of the committee of the whole, except as the same may be reported to the council. RULE XXIX. Ordinance introduced by committee. —Every ordi- nance shall be introduced by a committee, (to whom the subject matter thereof may have been referred by resolution or otherwise,) or by a member, upon leave being asked and granted. RULE XXX. Ordinances to be read twice. —Every ordinance shall receive two several readings previous to its passage, but shall not be read at any other.time than regular sessions; nor twice read at the same session, without special order of the council. RULE XXXI. Second reading. —The second reading of an. ordi- nance shall be first by sections, at which time amend- ments are to be offered; but the reading of a suc- ceeding section shall not preclude the offering of a$ amendment to a preceding one. If no amendment is 296 STANDING RULES. made, the question shall be : "shall this ordinance pass?" If amendments are made, the chair shall so report, and the ordinance shall be so read as amend- ed, before the question of its passage is taken. RULE XXXII. Must be copied and presented to Mayor. —After an or- dinance or resolution shall have passed, a fair copy thereof shall be made by the clerk, and upon being compared by the president or presiding officer, with the original, shall .be signed by the president of the council or presiding officer, and attested by the clerk, and shall be deposited with the clerk, to be presented to the mayor for approval. RULE XXXIII. Reconsideration. —When a question has been taken, it shall be id order for any member voting with the majority, to move a reconsideration thereof at the same or the succeeding meeting; but no question shall be a second time reconsidered without the con- sent of two-thirds of the council: RULE, xXXIV. Retaking a vote. —An error or misunderstanding of the question or vote may be explained at any time, and shall be a 'sufficient reason, if the president or council think material, for retaking the vote at any time before adjournment. RULE XXXV. Duty of Clerk. —It shall be the duty of the clerk to keep a correct journal of the proceedings of the coun- STANDING RULES. 297 cil, to cause committees; members of the council and the officers of the city to be informed of such duties as they may be charged. with . by the council from time to time, and to perform such other duties as appertain to him as clerk. He shall suffer no journal, accounts or papers to be - taken from the table, or out of his custody other than by the regular mode of business of the council; and if any paper in his charge shall be missing, he shall make a report to the chair, that it may be inquired into. RULE XXXVI. Seat within the bar. —No person other than mem- bers of the council, the mayor, clerk, city attorney, chief of police and reporters, shall be admitted to a seat within the bar of the council, unless invited by a member of the council. RULE XXXVIII. Absence of twenty days. —Every member about to leave the city for the space of twenty days or more, shall notify the president or presiding officer of the - council, that his place in committees may be tem- porarily filled. RULE XXXIX. Cushing's -Manual, to Govern Council. —The rules of parlimentary practice embraced in Cushing's Man- ual, shall govern the council in all cases to which they are applicable, and in which they are not incon- sistent with the standing rules and orders of the council. 298 STANDING RULES RULE XXXIX When Two -Thirds to be ,Necessary. —No rule of the council shall be suspended, altered, or rescinded without the concurrence of two-thirds of the mem- bers present. RULE XL. Bills Audited. —The Finance Committee shall ineet on the Monday preceding the first Tuesday of each month at 7:30 o'clock, P. M., for the purpose of auditing bills. No bill not recommended by some committee of the council shall be considered or al- lowed by the council except by the unanimous' con- sent of the council, unless the same shall have been first audited by the Finance Committee. These rules to take effect from and after their adoption by the city council. County: City of Stillwater Book: Charter and Ordinances of the City of Stillwater Volume: 1881 Page Number: 299 Page(s) was not present in the document at the time of scanning, and therefore they were not scanned. KOFILE TECHNOLOGIES, INC INDEX. SEC. reGB. Act amending and consolidating 1 3 Act evidence without proof 32 127 Act to take effect 33 127 Charter a public law 16 105 Charter not repeated by State law 5 101 Powers possessed by corporation 1 4 Actions —Abutting owner —when joined 16 67 Mandamus —:Maintained against delinquents * . 1 10 Notice to be given 18 68 Notice what to contain 18 68 Personal injury action, when begun and maintained 18 68 Active; Mayor -- May appoint Commissioners, when 3 75 Powers and duties of —when to act 2 11 Aldermen —Election and qualification of. 1 6 Fxempt from jury duty .18 17 Majority a quorum 1 19 Salary of.... ... 17 17 Shall constitute City Council 1 18 Shall not be interested in any job, etc 15 17 Term of office of 1 ` 6 Vacancies, how filled • 2 7 Appeals — From award of Commissioners, when and how 4 76 Will lie to District Court 7 • 85 What papers seat up on 4 77 Appropriations -- Aid to Railroad shall not be made, except 26 45 Majority of Counc;1 must vote for 12 32 300 INDEX. Shall apply to all cases of private property for public use 5 79 Shall be paid out of 42 51 Assessors —Appointed by Council 1 34 Compensation 0 30 Duty of --when to be performed 1-2 34 May appoint deputy 1 34 To forward assessment rolls 5 36 Assessments —Special, when advanced from Improvement fund26 44 Abbreviations, etc 18 96 For local improvements.. 1 73 Final and exclusive, when 3-6-7, 76-83-80 Liens of —not divested by 25 99 May be collected before improvement made 21-22 98 May be paid ''efore roll delivered to County Auditor.....23 98 May be remitted when 9 89 Not invalidated by 16 95 Not to be delayed 24 09 Special when valid 18 96 Various forms for SEC. 6-8-10-11-12—fAGES 84-89.90-91-92 When interest added 21 98 When interest deducted 23 , 99 When shortage created by 18 90 When surplus created by 18 90 Banks —Bonds of, to continue in force 41 50 Designated as depositories by 34 48 Must give bonds - 34 48 When outside selected 39 50 Boundaries -City 2 4 Ward 3 5 Board of Equalization — Compensation of 6 36 City Attorney shall attend 4 35 Duties of 3-4 35 IIow constituted '3 34 Board of Ilealth--Authority police officers7 14 Chairman of 7 14 Composed of three members 7 14 Bonds —To be executed by City Officers 10 9 Borrowing money, clerk may when. 3 12 City Attorney, advise Council and City Officers 5 13 Attend meetings of C.,uucil - 5 13 Attend meetings Board of Equalization 4 35 Elected by Council '5 13 INDEX. 301 Shall furnish written 'pinions 5 13 Term of office of and compensation of 5 13 City Council —Accept resignation of officers, when. 9 9 Absence from meetings cause for removal 4 19 Authorized to issue bonds 26 44 Adjust accounts of city officers and require books etc. to be exhibited for'settlement 14 32 Appointment of officers 1 6 Appoint Judges and Clerks of Election 6 8 Appoint Deputy Clerk 4 13 Appoint Clerk pro tem 4 13 Appoint Board of Health . 7 14 Appoint City Engineer 8 . 14 Appoint Wharf Master 12 15 Appoint Purchasing Committee 17 33 Canvass election returns. 8 9 Compel attendance 3 19 Concerning ordinance 5 21-28 Committee of, with Treasurei to select depositories, when.39 49 Designate polling places 5 ' 8 Designate repository of profiles, plans and estimates... 9 14 Determine membership 3 19 Duty of, to declare office vacant, when.. 14 33 Elect President and Vice President, when, how 2 11 Elect City Attorney 5 13 Elect City Physician 6 13 Elect City Clerk ,. 3 11 Fix salaries and reduce same 19-9 18-38 Finances and property of city under control of 15 33 Failure to confirm assessment rolls 5 36 Fix compensation Board of Equalization and Clerks. 6 36 Funds of city under control -of 31 47 Improvements by, may proceed at once or await collet-' tion of assessment 21 98 Meetings, -how presided over 1 19 May make its own rules 3 19 Majority must vote for appropriations 12 22 \lay make all necessary ordinances for fire department7 58 May make inproveinents by contract, or city may. 20 97 May appoint Commissioners in certain cases 16 33 May authorize volunteer co's and paid fire dep't , 4 57 May accept plats, when 20 69 May abandon proceedings after award 7 86 302 INDEX. Cith Council —May appoint Commissioners when court annuls award 13 .)3 May appoint Street Commissioner 7 62 May call meetings, how 2 19 May change grades 2 G0 May contract for street cleaning . _ _ . 5 61 May confirm or annul award 3-6 76-83 May designate a Fire Marshal 8 58 May do work on streets, how 6 61 May establish sewers, and how paid for —sec. 1, 2, 3, 4, pp70, 71, 72 May impose punishment for breach of ordinances 6 29 May levy for improvement fund 26 44 May levy upon lots for sewers, paving, etc 8 88 May levy to pay judgments 43 51 May open new streets, power to condemn and provide for payment 11, 64 May order sidewalks built or reconstructed. ....... .. 13 65 May prescribe further duties and appoint other officers16 17 May prosecute delinquents 4-14 20 32 May provide that offenders be kept at hard labor 6 29 May provide for examination of cabcelled orders, etc 33 47 May provide for fire police 9 59 May purchase fire apparatus, etc 3 56 May prohibit wooden sidewalks 12 59 May proceed anew to assess for improvements, when 14 93 May require bonds of 10 9 May remove officers 4 19 May reduce number of street lamps 9 38 May refund debt, when 25 43 May require additional bonds 40 50 May remove officers and men of 6 57 May remit assessment when 9 89 May repeat appointments until valid award ma e 13 93 May vacate streets, etc 3 60 May vote to aid railway 26 45 Neglect to designate polling places 5 8 No member to be interested in any contract .15 . 17 No bonds to be issued 25 43 No quorum —may adjourn 2 19 President and Vice President —duties of 2 11 Prqceedings on veto 1 10 Prescribe duties of Engineer... . 8 14 Power to make and enforce ordinances 5 20 INDEX. 303 Cety Council —Prosecutions, how conducted - 4 20 Power to condemn or purchase private property 16 33 Power to prescribe fire limits and prevent fires. 1-2 55-56 Power to charge property benefitted by an improvement with cost thereof 11 64 Quorum —how formed 1 18 Records of, how kept 3 11 Stated meetings of, held 2 19 Shall approve action of Commissioner, when 24 43 Shall reduce expenses, when 9 37 Shall designate depositories and require bonds ...34 47 Shall fill vacancies •9 9 Shall examine annually all bonds .41 50 Shall levy tax for current expenses 8 37 Shall levy for bonds or city debt 10 38 Shall define duties of Commissioners of Sinking Fund 11 38 Shall not transfer funds 24 43 Shall transmit to Auditor levy 29 46 Shall appoint Chief Engineer 5 57 Shall have controll of streets, sidewalks and bridges 1 60 Shall order grades before sidewalks built 17 68 Shall appoint Council Committee tor procuring grounds for 1 73 Shall appoint Commissioners to assess damages, etc. ...3-6 74-80 Shall assess and levy cost of bui ding sidewalk when owner fails .10 90 Shall fix pay of Street Commissioner 7 62 Tie vote —how determined 2 7 To confirm assessment rolls 5 35 When two third (2-3) vote necessary 19-11 97.103 City Clerk —Custody of seal 3 11 Countersign orders on Treasurer 3 11 Copy of Record and papers, evidence 3 12 Countersign all contracts . 3 13 Chairman Finance Committee shall report rate of tax levy with 7 36 Elected by Council 1-3 6-11 Examine Treasurers accounts 3 12 May administer oaths 3 12 May borrow money uuon order of 3 12 May nominate Deputy 4 13 Notify Commissioners of their appointment 3 75 Notify officers of election 8 9 Perform duties of Town Clerks 3 12 304 INDEX. City Clerk —Plats, with reports filed by and ()pen to inspection2 74 Present inven+ories of property to Council 20 18 Record and keep records of papers, ordinances and by-law3 11 Record, ordinances and resolutions ' .10 31 Report annually to Council estimates 3 12 Report to Council expenses first quarter fiscal year... 9 37 Record bank bonds..... .... 41 51 Salary of .17 17 Shall file bond, when 10 9 Shall not be interested in jobs 3 12 Shall attest warrants of Commissioners 18-19 41 Shall attend meetings of Commissioners and keep journal.21 41 Shall not countersign contracts, when 27 45 Shall notify Council when appropriations exceed improve- ment fund 27 45 Shall not countersign orders until. 27 45 Shall countersign orders in rotation 27 45 Shall draw orders only when 31 47 Shall certify plats 20 69 Shall give notice of Committees report 2 20 Shall forward appeal of award papers to.. . 4 77 Shall note all payments of assessments 14 94 Shall record all assessment rolls 15 94 Shall deliver assessment rolls to, before 15 95 Shall enter payments on assessment rolls, when. 23 99 Term of office of 1 6 To give notice of general and special elections 2 7 To forward assessment rolls, when 5 36 Ilow Deputy appointed 4 13 Powers and liabilities of Deputy 4 13 City Engineer —Appointed by Council 8 14 Compensation of 8 14 Employ Assistants 8 i 14 If interested in any work, penalty 9 63 May advertise for bids for work. 8 87 May suspend work, when 4 01 Office to be kept at 8 14 Shall deliver to successor or Council 9 14 Shall have general charge on any street . 4 61 Shall locate service pipes 4 71 Shall make plat of grounds for local improvements 1 73 Shall make plat and estimates of cost of improvement6 80 Shall make plat and estimates of cost of paving and gutters 8 87 INDEX. 305 Shall report to Council description of land where 'owner fails to construct sidewalks and estimate expense. 8 14 City Funds—Ilow and where deposited 36 48 When surplus or deficiency created by 18 96 When deposited 35 48 'Shall draw interest 36 48 City Physician —Appointed by Council 6 13 Duties of . 6 13 President of hoard of health 6 13 Power of 7 14 City Printing —Affidavit of publication ......14 104 Bidder shall furnish bonds 15 105 Council may reject all proposals 13-15 104-105 Official paper, how designated 13 103 Proposals for advertising - 13 103 Proposals for job printing .15 105 Commissioners —Condemnations — ,Appointments of, and their award 2-3 74 To give notice of meetings 3 75 Penalty for refusal to act 3-7 75-86 When appointed by District Judge 7 86 When appointed by City Council 3-6 74-80 Compensation of 7 86 - Public grounds, how selected... 1 •73 Plats made and presented 1 73 Report made and filed 2 74 Report considered by Council, when 2 ' 74 Shall award compensation and damages and report to Council 3 76 Confirmation of award, effect of.... 3 76 Objections to award, bow taken 4 76 Appeal, how taken.... 1 4 77 Duty District Court 5 77 Abandonment of , 5 77 Payment of award, when made 5 78 Payment of award, effect of 5 79 Duty of Commissioners 6 E1 Expenses assessed, how 6 84 Objections to award, how taken 6 85 Appeal, how and when taken - 6 85 Duty District Court 7 86 Proceeding abandoned, when 7 86 306 INDEX. Cotnmi ssioners=Condemn ation— When proceedings anewed 13-14 92-02 Assessment roll, recording of -15 94 Proceedings not invalidated by informalities 16 95- Collection of assessments, when to cease..... ......17 96 Special when valid 18 96 Two -third vote, when necessary 19 97 Improvements made by contract, when 20 97 Delay, expense, interest, etc 21 98• Contracts —To provide for reduction, when 9 38 Clerk shall not be interested in 3 12 Nor member of -Council 15 16 Shall be void, when 15 18 Shall not be signed, when .... ... ... 27 45 Penalties 1 9 63 Damages and Benefits —See condemnations -- Elections —Charter, when held .. 2 U By ballot, plurality, tie 2, 7 How conducted 3 7 How and when canvassed 8 9 Judges and Clerks of, how appointed 6 8 Not'invalidated, when 2 7• Notice of time and place of _ 2 7 'Officers to be designated 2 7 Precincts. , 5 8 Qualifications of electors. .. 4 7 Returns, when made, and to whom 3-7-8 7-8 9 Special, how conducted 7 8 Where held in case of failure to provide 5 . 8 Fire Department —Chief shall -nominate and recommend dis- charge of 6 57 Expenses of how paid 11 59 Fires, prevention of 2 56 Fire limits designated 1 55 Fire apparatus, purchase of by 3 56 Penalty for iefusing to obey orders... .... 10 59 Wooden sidewalks, where prohibited 12 59 Fire Marshal —How appointed, duties of 8 58 Fire Police—'Iiow appointed, duties of 9 59 Levy —See taxes. Mayor —Appointment police and specials 1-2-3 52-53 Communicate to Council 1 10 INDEX. 307 Mayor —Duties of 1 10 Designate rank of police officers 4 53 Election and qualification of 1 6 Failure to approve, effect of ... 1 11 May appoint Commissioners, when 3 75 Shall make police regulations 6 54 Sign orders, when 31 47 Salary of 17 17 Sign or return all ordinances or resolutions 1 10 Term of office of . 1 6 Vacancy, bow filled 2 7 MPscellaneous provisions —Act, a public act 32 127 Actions to be in name of city 7 101 City not liable for board of prisoners 10 102 City may lease or purchase property 4 101 Charter not repealed by State law... 5 101 Inhabitants of city not disqualified, where 3 100 Imprisonment, where allowed 9 102 No penalty remitted without two -third vote....... 11 103 No property to be sold without authority 12 103 Official paper, how designated 13 103 Ordinances and resolutions to continue in force 1 99 Ordinances, compilation of ' 2 100 Process, how served against city. 6 101 Prosecutions, how instituted 8 101 Municipal Court' 1 106 Answer may be oral 9 112 Amendments . 9 112 ' Attachment 10 113 Appeal from Justices to Municipal court 26 125 Appeal to the Supreme Court 6 109 Bonds for cost 9 113 Bond in attachment 10 113 Blind in replevin 11 114 Court to take judicial notice of 11 31-32 Clerk 2 106. CityiClerk, ex-officio ... 5 108 Clerk to give bond, may appoint deputy 5 108 - Court, where held 7 110 Clerk to keep record - 7 110 Clerk to swear witnesses, etc 8 110 Clerk to tax costs 8 110 308 INDEX. Municipal Court —Clerk to receive all fines, etc., end pay over to City Treasurer 8 110 Complaint to '.c filed.... 9 112 Court calendar 12 116 Criminal complaints 17 119 City Attorney to prosecute 21 123 County Attorney to prosecute, indictable offenses 21 123 Clerk to procure stationery, etc 22 123 Costs, criminal 27 126 Costs, examination 29 126 Deposit required, civil actions 29 126 Disposition of all fines and penalties 13 16 Exceptions where offender is in custody 17 119 Form of summons 9 111 Form of attachment 10 113 Form of replevin 11 115 Garnishees, proceedings against 16 119 Jury trial, oath of jurors 13 116 Jurors fees 13 117 Judgment not a lien on real estate except 15 118 Justices of the Peace to transfer cases to 23 124 Justices' terms, when to expire 24 124 Judge may give form 6 109 Judge 3 107 Jurisdiction of 2-13 106-15 No jurisdiction in certain cases 6 109 New trials 14 117 Proceedings when same offense is prohibited by State law 8 30 Powers 4 108 Punishments, power of Council to provide for by or dinance 6-7 29 Police officers and Sheiiffto-serve process 6 109 Pleadings verified 9 112 Police to serve process 18 120 Police to attend court 19 121 Qualifications of Judge. , 4 107 Regular term for civil actions 9 111 Replevin 11 114 Salary of Judge 18 120 Salary of Clerk 18 120 Special Judge 20 122 Transferred cases, how tried ..25 125 TI'NDEX. Bog .51unicipal Court —When judgment may tie opened. 0 112 Nuisances —Abatement of not bar to prosecutions for .13 - 32 Ordinances --Approved bylllayor 10 31 Compilation of _ ... . 2 _100 How passed, published and recorded.. - ,10 31 Iiow Authenticated 11 31 Punishment for breach of 6 29. Provisions for, subjects. sec. 5, pages 21-22-23-24-2526-27-28 Shall continue in force..._ ..... 1 99 Style of, title to State Subjects .90 31 Oaths --All officers shall take 10 9 Orders —To be authorized by Council before drawn 31 47 To be cancelled by Treasurer 32 47 Officers —Accounts adjusted by Council 14 32 Appointive . 1 0 Exempt from jury duty.... 1 5 Elective, designated 11 15 Make returns of property _ 20 18 Oaths taken and bonds given by, when 10 9 Other duties required, than prescribed by charter 16 17 Powers and duties of_ ... 1 10 Penalty for failure to deliver books, etc. to successor.. ..,14 10 Penalty for interested in any contracts .......... _.. 9 63 Salaries of ... 17 17 Shall purchase only by order of.... .... ......... 17 33 Term of office of 1 6 Vacancies, how filled 9 9 Police —Appointed, confirmed, removed, how 1 52 Fire police, how appointed and duties of 9 59 Jurisdiction and duties of 5 53 Officers of peace 7 54 Penalty for refusing to aid 8 54 Penalty for assuming to act without authority. 9 55 Rank designated by Mayor 4 53 Regulations of 6 54 Special' police 3 53 Pe manent Improvement Fund —Bonds authorized, limit 26 44 How established and maintained......... 26 44 Portions of expenses paid ,26 44 Special assessments for return to 26 44 When authority given for issue bonds ... .. 26 45 When used for railroad aid shall not be delivered until., 26 45 310 JNDEX. Permanent Improvement Fund —When appropriations exceed funds. 27 45, When may be used for building 11 59, When may be used for sidewalks, etc .....16 68• When award paid from 5 78, When may be used for street opening. 11 64 Pavements —Assessment roll for, what to contain 8 88 Assessment for, when remitted, ....__. 9 89 Council may provide. for pavement of.gutters 12 64 Council may provide for 12 64 • Exceptions .. .. ......12 6.i, Expense of, how paid. 12 65, Proceedings ................ 8 ' 8G Plats --City not liable to grade upon acceptance of 21 69 Effect of acceptance 21 69 How accepted 20 60 Must be certified by.... . . .. 20 60 Sewers and Service Pipes —Council may establish. ...... 1 70A Council may acquire property for, by.... 2 70 Expense of, how collected and paid. 3 4 71 Sidewalks —Assessment for repairs of 11 91 Assessment for when owner fails. . _. 10 90 Construction of, when owner fails, 10 80 Cost of repairs of 14 66 Duty of Street Commissioner, to repair ....14 66 From what fund costs advanced 17 67 How maintained 13 6J Owner liable for damages .... ...15 67 Ordered constructed or re -constructed, when 13 65 Wooden, where prohibited. when 12 50 When dangerous 14 67 Streets —Appointment of Commissioners 6 80 Assessments for sprinkling 12 92' Council to have control of... 1 60 Council may conflrrn award of 6 83 Commissioners to report to council ........ 6 83 Commissioners report to lie over 6 83 Duty of Commissioners..... 6 81 Engineer to have charge of construction. .. 4 61 Grades, how established and changed... 2 GO How vacated 3 60 Liabilityot railroads for....... ... . 19 G8 INDEX. 311 Streets —May be cleaned by . 5 61 Proceedings to grade, widen, straighten 6 79 Paving and gutters 8 86 Shall not be obstructed by snow or other materials 19 68 Work on, how done 6 61 When maintained by city ' 10 63 When newly opened, expense assessed 11 64 Street Commissioner —Appointed by Council 7 62 Duties of _ 7 62 If interested in any work, penalty 8 62 Shall, when sidewalks out of repair., 14 66 Term of office of 7 62 Sinking Funds —Commissioners —Board composed of. 11 38 Bonds and securities held by 23 42 Commissioners to report to 21 42 Depositories designated by 15 40 Funds, how invested . sec. 13-14-15-17 pages, 39-40-41 Funds, how withdrawn, sec. 16-18-19-20 41 May refund debt by 25 43 No other bonds issued or debt contracted 25 43 Quorum of 11 38 Remission of funds for bonds and interest 24 42 Shall meet upon call of 22 42 Shall not transfer fund from 24 43 When bonds paid, shall be cancelled by 23 42 When funds insufficient 24 42 Vacancies, how filled - N 22 42 Taxes --How levied 28 46 Levied for Improvement Fund 26 44 Levied for sewers, paving etc 8 88 Levied for principal and interest city debt 10 38 Levied to pay judgments 43 51 Levied for current expenses. 8 37 Statement of levy transmitted to Auditor on 29 46 To be paid to Treasurer 30 46 Treasurer —Duties of 10 15 Election and qualification of 1 6 Lack of funds, duty of 30 46 May collect assessment before assessment rolls forwarded to Auditor 23 98 Not liable for loss, when .. 38 49 Receive moneys 1U 14 312 INDEX. Treasurer —Report to Council, when ... 11 15 Deport receipts and expenses, when 7 36 Shall hold bonds etc in safe keeping 23 42 Shall apportion funds advanced .: 30 47 Shall cancel and file orders 32 47 Shall deposit funds where, when, how sec..34-35-36 48 49 Shall make bi-monthly statements 37 49 Shall file bond, when 10 9 Term of office of \.... ... , .1 6 When to pay orders 31 47 Voters —qualifications of 4 7 Vetos—proceedings on 1 10 Vacancies in office —How created and filled 9 9 In Mayor's office 2 6 In Aldermen's office 2 6 In Commissioner's sinking fund 22 42 Others, tow filled . _ .. 9 9 Wharf Master —Duties defined by ordinance 12 15 Ilow appointed 12 15 Other officers to perform duties ot, when 12 15 Warrants —All' prosecutions to be commenced by 8 10 None necessary, party taken in act 8 102 INDEX TO ACTS. Burial grounds, vacation of 148 Plat, authorizing perfection of 147 Stillwater Bridge Co. to organize 155 Continuing in force 161 INDEX TO BOND ACTS. Bridge Bonds, for construction authorized - 1875 163 Bounties to soldiers, Bonds authorized 1867 142 City building bonds, authorized 1873 154 Current fund bonds, authorized 1874 151 Funding floating indebtedness, bonds authorized 1867 141 Levee bonds authorized 1874 152 Levee and city hall, bonds for, authorized . 1858 138 Park grounds and improvements, bonds for, authorized 1874 149 Railroad bridge, bonds for, authorized 1871 146 Stilwater & St. Paul railroad bonds in aid of, authorized ;1870 143 School district bonds, authorized 1860 136 Increasing issue, authorized - 1870 137 School house and site, bonds for, authorized ... ........ 1867 133 INDEX. 313 INDEX TO SCHOOL DISTRICT. Independent district created 129 and amendment INDEX TO ORDINANCES. No. Page. 45 Animals running at large 260 23 Auctioneers yt .... ... 207 29 Assault and battery 220 16 Billiard tables and bowling' alleys 191 3 Board of health ' 168 14 Bread 189 12 Buildings and improvements. , . 184 52 City sewers 2`1 19 Contagious diseases 194 8 Dangerous buildings 177 46 Disturbing of the peace 263 38 Disorderly houses 238 36 Dogs 234 47 Driving and hitching in streets 266 20 Fire Department 195. 49 Fire limits 269 44 Fire wood, sale and measurement of... 257 33 Fire works 228 4 Fires, prevention of. ' 171 22 Fourth street extended 206 10 Gaming and gambling houses 181 24 Gas authorized • 210 48 Hogs 268 2 Intoxicating liquors, sale by druggists 166 30 Intoxicating liquors, sale of 220 30 Intoxicating liquors, suspending sale of 224 7 Lamp posts 177 1 License; granting of 165 28 Malicious injury 218 9 Nuisance, 178 35 Offenders confinement of 233 27 Offenders, employment of 217 6 Paupers 176 32 Peddlers 227 15 Pigeon hole tables.. ... ..... 190 135 314 INDEX. 26 Police 215 17 Public streets, granting land for 192 21 Railroads. 202 18-50 Repealing ordinance 193-274 53 Sidewalks and ;,cutters 282 +5 Shows' and theaters 174 13 Slaughter and packing houses 188 54 Streets, changing name of 285 42 Streets, lanes and thoroughfares 252 51 Streets and sidewalks 274 39 Streets and other places, persons being upon 241 31 Stillwater bridge 226 34 Stillwater Street Railway & Trans. Co........, 228 43 Stillwater Water Co., protection of... 253 37 Telephone Exchange ' 237 11 Trees, shade and ornamenta' 183 25 Vagrants 214 40 Water, Works, establishment of 242 41 Water Works, amendment of 251