that he will faithfully perform the duties of his office in accordance with the law and the ordinances of said village, and in addition thereto the treasurer, recorder and marshal shall each give a bond with sufficient sureties to be approved by said council in a sum not less than two hundred dollars, to be determined by said council, conditioned for the faithful performance of the duties of their respective offices, which said bond shall run to the village council of the village of Willmar, and be filed with the recorder thereof. The said justice of the peace shall quality as prescribed by the general laws of this state, except that the village council shall approve his bond. SEC. 5. The president and aldermen shall constitute the village council, to which body shall belong all the legislative power granted by this act to said corporation. All acts of the council intended to have the force of law, shall be by ordinance under the style of (Be it ordained by the village council of the village of Willmar); but no ordinance shall embrace more than one subject, which shall be expressed by its title. The village council shall meet for the transaction of business at least once in each month, and a majority thereof shall be a quorum. The president, when present, shall preside at all meetings of the council, but in case of his absence, the members present shall choose one of their number to preside during his absence, but no ordinance shall be passed, except by the vote of a majority of all the members of the council. A record in book form shall be kept by the recorder, in which he shall record all the proceedings of the council, and ayes and noes on every ordinance voted upon.

SEC. 6. That to the president shall belong the executive powers granted by this act to said corporation, except such of said powers as are specially vested in, or must from their nature necessarily per tain to the other executive officers of said corporation, and whether said officers are created by this act or by the village council. He shall have power and it shall be his duty to call out and use in such manner as may seem most proper all the police of said corporation when he may deem it necessary to quiet or prevent riot. He shall have power to call a meeting of the council by giving such notice thereof as may have been provided by ordinance, or in default of such provision, in such manner as he may deem meet and proper, SEC. 7. That the recorder shall be the recording officer of the village, and of the council. He shall have the custody of the seal of said corporation, and all the records thereof, not necessarily and specifically appertaining to the other officers thereof. He shall receive all moneys payable to said corporation, except as hereinafter provided, and shall immediately pay the same over to the treasurer, charging him therewith and taking his receipt therefor. He shall keep all the accounts of the corporation, receive all claims against

the same, and draw orders upon the treasurer for moneys payable by said corporation, but no such order shall ever be drawn by said recorder unless the same shall be in full or part payment of a claim against said corporation, previously audited and allowed by the Council. He shall also make to the council at the close of each official year a condensed report of all his doings as such officer during such year, which report shall be published in such manner and to such extent as may be provided by ordinance, and he shall with all reasonable dispatch make such other reports, and at such times as the council shall require.

SEC. 8. That the treasurer shall be the depositary of all moneys belonging to said corporation. He shall from such moneys pay upon presentation all orders therefore drawn by the recorder and countersigned by the president; Provided, That no order shall be paid by him unless first endorsed in writing thereon, with the name of the payee thereon, and the party receiving the money therefor. SEC. 9. The justice of the peace provided for and elected under the provisions of this act shall have and possess all the powers and jurisdiction of justices of the peace, provided for and elected under the general laws of the state; and in addition thereto shall have cognizance and jurisdiction of all suits, prosecutions or proceedings for the recovery of any fine, forfeiture or penalty under any by-law, ordinance or regulation and in all cases of offenses committed against the same. All prosecutions for assaults, batteries and affrays, not indictable, and for a breach or violation of any by-law, ordinance or regulation shall be commenced in the name of the village of Willmar, and the same proceedings shall be had in all civil and criminal suits or prosecutions before said justice, when not otherI wise herein directed, as are established and required to be had in civil and criminal actions by the general laws of the state before justices of the peace, except that no change of venue shall be taken. All fines, forfeitures and penalties imposed by, or recovered before said justice, or any justice residing in the limits of said corporation, in any suit, prosecution or proceeding had before him, shall be promptly paid by such justice to the recorder of said corporation, for the use thereof. The justice of the peace shall take judicial notice of the by-laws, ordinances and regulations of said corporation, and it shall not be necessary in any action, civil or criminal, before said justice, to plead or refer to the same in any manner whatever, in any pleading or complaint, but said by-laws, ordinances and regulations shall in said justice court be held and deemed to be public law. The justice of the peace shall, at least once in three months, make to the council a full report of all moneys received by him for fines, forfeitures and penalties, and shall pay them into the hands of the recorder, taking his receipt therefor.

Any justice of the peace elected in the township of Willmar, under the general laws of the state, and residing within the limits of the corporation, shall have concurrent jurisdiction with the justice of the peace elected under the provisions of this act, and be subject to the same liabilities and restrictions. In case of prosecutions for a breach or violation of an ordinance, by-law or regulation of said corporation, or of this act, or for an assault, battery or affray, not indictable, committed within the limits of said corporation, no appeal shall be allowed, when the judgment or fine imposed, exclusive of costs, is less than ten dollars. The fees of the justice of the peace shall be the same as allowed and fixed by the general laws of the state for justices of the peace. All warrants, writs and processes of every nature, issued by such justice, shall be directed to the sheriff or any constable of the county of Kandiyohi, and may be executed or served by the marshal appointed under the provisions of this act, or by the sheriff or any constable of said county; and for such purpose said marshall shall have and possess the same power and authority which, by the general laws of the state, constables have and possess in the execution or service of warrants, writs and other processes issued by justices of the peace elected under such general law.

SEC. 10. The marshal appointed under provisions of this act shall be the ministerial officer of the council, and shall have and possess all the powers belonging to constables elected under the general laws of the state, and his compensation except as in this section is otherwise provided, shall be fixed by ordinance of the council, and said marshal shall within the said county also have and exercise all the powers and perform all the duties of, and when acting as such, receive the same compensation and be subject to the same liabilities and restrictions as constables elected under the general laws of the state. He shall also be chief of the police force of said village, but as such shall be subordinate to the president.

SEC. 11. There shall be an annual election for the elective officers herein provided for, on the first Tuesday in April in each and every year, and the polls shall be kept open from ten o'clock in the forenoon until four o'clock in the afternoon, and ten days' previous notice shall be given by the recorder of the time and place of hold. ing such election, and of the officers to be elected, by posting a notice thereof in one of the most public places in each of the wards of the village. At the said elections the aldermen shall act as judges of election in their respective wards; and shall appoint a clerk of election, and in case of the absence or inability of either of said aldermen their places shall be supplied by the electors present, and when so supplied the incumbents shall have and possess all the powers of judges of election under the general laws of this state,

and be subject to the liabilities thereof. At the close of the polls the votes shall be canvassed and counted in the same manner as is provided for canvassing and counting votes at general elections; and a list containing the names of the persons voted for, for each office and the number of votes cast for each shall be made and certified under the hands of said judges and clerk, which list shall be sealed up and forthwith delivered by said clerk to the recorder, and at eight o'clock of the same evening the village council shall meet at the recorder's office when said returns shall be opened in their presence, and the said council shall proceed to make a final canvass of said votes, and the president or presiding officer present shall thereupon make a public declaration of the true state thereof. SEC. 12. Whenever a vacancy shall occur in any elective office, such vacancy shall be filled by a new election which shall be ordered by the village council and notice of the time and place of holding such election shall be given as herein before provided for other elections. Any person elected to fill a vacancy shall hold his office and discharge the duties thereof for the unexpired term.

CHAPTER II.

SECTION 1. The village council shall have the management and control of the finances, and all the property of the corporation, and shall also in addition to the power herein vested in them, have full power and authority to make, enact, ordain, establish, publish, enforce, alter, modify, amend and repeal all such ordinances, rules, by-laws and regulations for the government and good order of the village, for the suppression of vice and intemperance and for the prevention of crime, as they shall deem expedient. The village council shall have full power and authority to declare and impose fines, penalties and punishments and to enforce the same against any person or persons who may violate any of the provisions of any ordinance, rule, by law or regulation, passed and ordained by them; and all such ordinances, rules, by-laws and regulations are hereby declared to be and have the force of law. Provided, That they be not repugnant to the constitution or laws of the United States or of this state and for those purposes shall have authority by ordinances, rules, by-laws or regulations,

First. To license and regulate the exhibitions of common show men and shows of all kinds, of the exhibitions of caravans, circuses, concerts or theatrical performances, billiard tables, nine or ten pin alleys, bowling saloons, to grant licenses and regulate auctions and auctioneers, taverns, victualing houses and all persons vending or dealing in spirituous, vinous, fermented or malt liquors.

Second. To restrain and prohibit all descriptions of gambling

and fraudulent devices and practices, and all playing with cards, dice or other games of chance for the purpose of gambling in said village, and to restrain any persons from vending, giving or dealing in spirituous, fermented, vinous or malt liquors, unless duly licensed by the village council.

Third.-To prevent any riots, noise, disturbance and disorderly assemblages in said village, and to provide for the arrest and punishment of any 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.

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

Fifth. To direct the location and management of slaughterhouses and markets, breweries, distilleries and pawn-brokers.

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

Seventh. To prevent and punish horse-racing, immoderate riding 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 limit of said village.

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

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

Tenth. To prevent any person from bringing, depositing or having within said village, 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 person or persons.

Eleventh. To make and establish public pounds, pumps, wells, cisterns, hydrants and reservoirs, and to provide for and control