CHAPTER II.

SECTION 1. The common 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 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 common 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 full force of law. Provided, That they be not repugnant to the constitution of the United States or of this state, and for those purposes shall have authority by ordinances, rules, by-laws and regulations,

First.-To license and regulate the exhibitions of common showmen and shows of all kinds, or 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, groceries, taverns, victualing houses, and all persons vending or dealing in spirituous, vinous or fermented 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 gaming in said village, and to restrain any persons from vending, giving or dealing in spirituous, fermented or vinous liquors, unless duly licensed by the common council.

Third. To prevent any riots, noise, or disturbance and any 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 or groceries, and houses of illfame, and to provide for the arrest and punishment of all 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 slaughter houses and markets, breweries, distilleries and pawnbrokers.

Sixth. To prevent the encumbering of streets, sidewalks, lanes, alleys or public grounds, with carriages, carts, wagons, sleighs, boxes, lumber, firewood, posts, awnings, or any other materials or substances whatsoever.

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

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

Tenth. To prevent any person from bringing, depositing, or having within said village, any putrid carcase, or other unwholesome substance, and to require the removal of the same by any person who shall have upon his premises any substance, or putrid or unsound beef, pork, fish, hides or skins of any kind, and in default to authorize the removal thereof by some competent officers, at the expense of such person or persons.

Eleventh.-To make and establish public pounds, pumps, wells, cisterns, hydrants and reservoirs, and to provide for and control the erection of waterworks for the supply of water to the inhabitants.

Twelfth.-To establish and regulate boards of health, and provide hospitals and hospital grounds.

Thirteenth.-To prevent all persons riding or driving any ox, mule, cattle, or other animal on the sidewalks in said village, or in any way doing any damage to such sidewalks.

Fourteenth.-To prevent the carrying of concealed weapons, to prevent the shooting of firearms or crackers, and to prevent the exhibition of any fireworks in any situation which may be consid ered by the council dangerous to the town, or any property therein, or annoying any citizen thereof.

Fifteenth. To prevent the dangerous construction or placing of chimneys, fireplaces or stovepipes, or any pipe or instruments for the construction of fire, heat or smoke, open boilers or appurten ances, and to cause the same to be made secure or removed, and to prosecute for the deposit of ashes in any unsafe place, and to regulate the carrying on of manufactories dangerous in causing or promoting fires, and to require the owners of buildings to provide and keep suitable ladders and fire buckets, which are hereby declared

appurtenances to the real estate, and exempt from seizure, distress or sale in any manner, and if the owners shall neglect or refuse to procure suitable ladders cr firebuckets after reasonable notice, the councillors may procure and deliver the same to him, and in default of payment therefor, may recover of such owner the value of such ladder or firebuckets, or both, with costs of suit.

Sixteenth. They may erect or rent suitable buildings for village purposes and keep the same in repairs.

Seventeenth. They shall have power to purchase fire engines and other fire apparatus, to organize fire, hose, hook and ladder com. panies, and to provide for the support and regulation thereof, and to order such companies to be discharged and the apparatus to be delivered up to the common council or their duly authorized agents, they may appoint a chief engineer to take oharge of the fire department, fire wardens to inspect chimneys and all places dangerous on account of fire, and perform such duties as may be prescribed by law-firemen and other officers of said companies-and they shall have power individually to compel citizens to work at fires and make and regulate fines for refusing to work at such fires, and members of all hook and ladder, engine and fire companies shall be exempt from serving on juries so long as they shall continue active members. of such companies.

Eighteenth.-To prevent open or notorious drunkenness and obscenity in the streets or public places of said village, and to provide for the arrest and punishment of all persons who shall be guilty of the same.

Nineteenth.-To license and regulate butchers' stalls, shops and stands for the sale of game, poultry, butcher's meat, butter, fish and other provisions.

Twentieth.-To regulate the place and manner of weighing hay and selling the same, and the measuring of and selling of firewood, coal and lime, and to appoint suitable persons to superintend and conduct the same.

Twenty-first.-To compel the owner or occupant of buildings or grounds to remove snow, dirt or rubbish from the sidewalk, street or alley opposite thereto, and to compel such owner or occupant to remove from the lot owned or occupied by him, all such substances as the board of health shall direct; and in his default, to authorize the removal or destruction thereof by some officer of the village, at the expense of such owner or occupant.

Twenty-second.-To provide watchmen, and to prescribe their numbers and duties, and regulate the same, and to prescribe the number of police officers and their duties, and to regulate the same, and to provide special police for special occasions.

Twenty-third.-To provide by ordinance for a standard of weights

and measures, for appointment of a village sealer, and to require all weights and measures to be sealed by the village sealer, and to provide for the punishment of the use of false weights and measures.

Twenty-fourth.-To direct and regulate the planting and preserving of ornamental trees in the streets and public grounds.

Twenty fifth.-To remove and abate any nuisance injurious to the public health, and to provide for the punishment of all persons who shall cause or maintain such nuisances.

Twenty-sixth.-To remove and abate any nuisance, obstruction, encroachment upon the streets, alleys, public grounds and highways of the village.

Twenty-seventh.-To do all acts and make all regulations which may be necessary or expedient for the preservation of health, and the suppression of disease, and to make regulations to prevent the introduction of contagious or infectious diseases into the village, and to make quarantine laws and to enforce the same within the village. Twenty-eighth.-To restrain and punish mendicants, street beggars and prostitutes.

Twenty-ninth. To lay out, alter, open, widen, extend, establish, grade, repair, or otherwise improve or keep in repair streets, alleys, commons, sidewalks, ditches, sewers, and public grounds, and they may establish and record with the recorder, grade of streets or sidewalks with which buildings and directions shall conform.

Thirtieth.-Fines, penalties and punishments imposed by the common council for the breach of any ordinance, by-law or regulation of said village, may extend to a fine not exceeding one hundred dollars, and imprisonment not exceeding thirty days, or both, and to be fed on bread and water at the discretion of the justice; and offenders against the same may be required to give security for their good behavior, and to keep the peace for a period not exceeding six months, and in a sum not exceeding five hundred dollars.

SECTION 2. All ordinances, regulations, resolutions and by-laws shall be passed by an affirmative vote of a majority of the common council, by ayes and noes, and any ordinance, regulation, resolution, rule or by-law imposing any penalty or forfeiture for the violation of its provisions, shall be published one week in some newspaper in the village, if there be one, and if no such paper be published in the village, then the same shall be posted up, either in writing or print, in three or more public places in the village for one week before the same shall be in force, except as hereinafter provided, and proof of such publication, by affidavit of the printer or foreman in the office of such newspaper, or by producing a copy of such news. paper containing such publication, or by affidavit of the clerk or other person who posted the same, shall be conclusive evidence of the publication, promulgation or posting of such ordinance, rule, reg

ulation, resolution or by-law, in all courts and places, and within ten days after such publication or posting, they, with said affidavit, shall be recorded by the recorder of the village in books to be provided for that purpose, which record shall also be conclusive evidence of such publication, posting or passage of such rule, regula tion, resolution, by-law or ordinance in all courts and places.

SEC. 3. The power conferred upon the common council, to provide for the abatement or removal of nuisances, shall not bar or hinder suits, prosecutions or proceedings in the courts according to law. Gambling houses, houses of ill-fame, disorderly taverns, and houses or places where spirituous, vinous, or fermented liquors are sold without license required therefor within the limits of said village, are hereby declared and shall be deemed public or common nuisances.

SEC. 4. The council shall examine, audit and adjust the accounts of the recorder, treasurer, justice, and all other officers and agents of the town, at such times as they may deem proper, and also at the end of the year, and before the term for which the officers of said village were elected or appointed shall have expired. And the common council shall require 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 officers of said council in discharge of their said duties, in pursuance of this section, or shall neglect or refuse to render his accounts, or present his books and vouchers to said council, or a committee thereof, it shall be the duty of the common council to declare the office of such person vacant, and the common council shall order suits and proceedings at law against any officer or agent of said village, who may be found delinquent or defaulting in his accounts, or in the discharge of his official duties, and shall make a full record of all such settlements or adjustments.

CHAPTER III.

SECTION 1. All actions brought to recover any penalty or forfeiture under this act, or the ordinances, police or health regulations made in pursuance thereof, shall be brought in the corporate name of the village.

SEC. 2. In all prosecutions for any violation of this act, or of any ordinance of the village, the first process shall be by warrant. Provided, That no warrant shall be necessary in any case of arrest or apprehension of any person or persons while in the act of violating any law of the state of Minnesota, or ordinance of the village, but the person or persons so arrested may be proceeded against, tried, convicted and punished, or discharged, in the same manner as if the arrest had been by warrant.