SEC. 3. The president, each and every councilman, the marshal, each and every justice of the peace and constable of the county in which said village is situated, shall be officers of the peace, and may command the peace, and may suppress in a summary manner all rioting and disorderly behavior within the limits of said village, and may command the assistance of all bystanders, and if need be, of all citizens, and if any person refuses to aid when so required, every such person shall forfeit and pay a fine of not less than five dollars, and stand committed until paid.

SEC. 4. The constable and other police officers are hereby vested with all the powers of a sheriff or constable, in the service of writs as granted them by the law of the state, and may pursue into any county in this state, and take and bring back for trial any offender against the ordinances of said village.

SEC. 5. When any suit or action shall be commenced against said village, the service therein shall be made by copy left with the recorder of said village.

SEC. 6. No law of this 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. 7. The sale of intoxicating, vinous, spirituous, malt or fermented liquors, within the limits of said village, is hereby declared to be under the exclusive control of the common council of said village, and all fines imposed for violation of any ordinance regulating such traffic, shall be paid into the treasury of the village for the use thereof.

SEC. 8. All taxes arising in any way from the sale of licenses for the sale of spirituous, vinous or intoxicating liquors, shall be applied for the general village purposes.

SEC. 9. The common council shall have the power and authority to open, lay out or vacate streets and alleys within the limits of said village, which is conferred by the general laws of the state upon boards of supervisors of townships, to open, alter, discontinue or lay out roads, and in the matter of opening, laying out or vacating streets or alleys, and the assessments of damages, the common council shall be governed by and act under the general laws of the state providing for altering, discontinuing and laying out roads; and appeals may be taken in the same manner to the county commissioners, as appeals are under the general laws taken from the decisions of township supervisors.

SEC. 10. The cost and expense of building, grading, paving or repairing sidewalks, shall be at the option of the common council, chargeable to the lots fronting on said improvement. Whenever the common council shall deem it necessary to construct or repair any sidewalk in the village of Cannon Falls, they may require the street com

missioner to notify all owners and occupants of any lot or lots or parcels of land adjoining such sidewalks, to construct or repair the same at his or their own proper expense and charge, within a certain time designated, by delivering to the owners or occupants of said lot or lots or parcels of land, or by publication in a newspaper printed and published in said village, for not less than two weeks, or by posting up a notice in three public places in said village, for not less than two weeks, setting forth what work is to be done, and the character of the same, by such owners or occupants, and the time within which they are required to do the same.

SEC. 11. If such work is not done and the sidewalks not built or repaired in the manner and within the time prescribed, the common council may order the same to be done by the street commissioner, at the expense of the lots or parcels of land adjoining said sidewalks, and said expenses shall be assessed upon such lots and parcels of lands so chargeable, by the street commissioner, and returned by him to the common council. And said assessment so made and returned, if approved by the common council, shall become a lien upon said lots and parcels of land, as in case of town, County and state taxes.

SEC. 12. If said assessment be not paid to the street commissioner of the village on or before the twentieth day of August in any year, the common council shall cause a statement of the same to be transmitted with the village taxes levied for that year to the auditor of the county of Goodhue, on or before the first day of September in each year, and the said auditor shall insert the same with the other taxes in the duplicate statement of taxes annually transmitted by him to the county treasurer for collection and payment thereof, enforced with and in like manner as county and state taxes are collected and enforced.

SEC. 13. The common council may prescribe the width of sidewalks, and may establish different widths in different localities and may determine the kind of material of which they shall be constructed, having regard to the business and amount of travel in the vicinity of each.

SEC. 14. All work of the village, when the amount thereof is over ten dollars, except the highway taxes, shall be let by contract to the lowest bidder, and the common council may require a bond, with sureties, to be approved by them, for the faithful performance of the contract, not less than ten days' notice shall be given of the letting of the contract by posting of notices by the recorder in three public places in the village, to be signed by the president, and also filing said notice with the recorder at the same time.

SEC. 15. For the purpose of more effectually enabling the said village to carry into effect the provisions of this act, they are hereby

empowered and authorized to assess a tax for corporation purposes, within the limits of said corporation, made taxable by the laws of this state, so that said tax shall not exceed in any one year five mills on the dollar of valuation, as the same may be found on the books of the county auditor of the county within which said village may be located at the time of assessing said tax. The village shall have the power, if authorized to do so by a majority of all the electors in said village present and voting at any meeting called for that purpose, to levy an additional tax as above specified, sufficient to carry into effect any of the provisions of this act; public notice of which meeting and the object thereof shall be given by posting up a written or printed notice thereof, in at least three of the public places in said village, ten days before the time of such meeting, and by publishing a copy thereof in the newspapers of said village, if any are published therein.

SEC. 16. The common council shall have full power to order and direct the levy and collection, within the limits prescribed by law, of taxes sufficient to give full effect to the powers herein conferred.

SEC. 17. The common council shall have power to provide by ordinance for the manner of assessing and enforcing the collection of all taxes levied under the provisions of this act, but until express provision is made in regard to that subject, all taxes shall be collected as follows: The recorder shall deliver to the county auditor of Goodhue county, a certificate signed by him under the seal of the corporation, setting forth the amount levied upon every dollar in value of taxable property within the limits of the village of Cannon Falls, as incorporated by this act; it thereupon shall become the duty of the said auditor to add the amount thus levied to the assessment rolls of the year in which such levy was made; and it shall become the duty of the county treasurer of said county to collect the amount thus added to the assessment roll, and to enforce the collection of the same in like manner as any other tax of said county of Goodhue, placed in his hands for collection, and to pay the amount so collected to the treasurer of the village of Cannon Falls, incorporated by this act.

SEC. 18. In any action brought to recover any penalty or damages under this act, or under any ordinance made by the common council, it shall be sufficient to complain that the defendant is indebted to the village to the amount of said penalty or damages, and to refer to the act or ordinance under which the same is claimed, and to give the special matter in evidence under it. All civil cases shall be under the control and direction of the common council; they shall have power to settle, compromise or prosecute all such actions on the part of the village when such village shall

be the party, or be interested in such actions, and no person shall be an incompetent juror by reason of being an inhabitant of said village in an action to which the village shall be a party.

SEC. 19. In all respects not herein provided for, said village shall be and continue a part of the township of Cannon Falls.

SEC. 20. The corporation is invested with all powers to carry into full force, virtue, and effect all and every part of the charter of said village, and the acts amendatory thereof, and to carry into execution the same, shall have power to pass and ordain all and every ordinance necessary to carry out fully the meaning and interest [intent] thereof.

SEC. 21.

All previous acts and amendments thereto, which in any way conflict with the provisions of this act, are hereby repealed. SEC. 22. This act shall take effect and be in full force from and after its passage.

Approved February 19, 1874.

CHAPTER VI.

AN ACT TO INCORPORATE THE VILLAGE OF HOUSTON, IN THE COUNTY OF HOUSTON, AND STATE OF MINNESOTA.

Be it enacted by the Legislature of the State of Minnesota :

SECTION 1. That the metes and bounds of said village be as follows: All of section thirty-three, town one hundred and four, range six west; the east half section thirty two, town one hundred and four, range six west; the south-west quarter section thirty-four, range six west; the north half of section four, town one hundred and three, range six west; and the north-east quarter of section five, town one hundred and three, range six west, in the county of Houston and state of Minnesota.

SEC. 2. That the inhabitants within the metes and bounds herein described shall henceforth be a body politic and corporate, subject to and with power to act under the authority of all the provisions of this act. They shall have power to sue and be sued, complain and defend in any court, make and use a common seal, and alter it at pleasure; and take, hold and purchase, lease and convey such real and personal or mixed estate as the purposes of

the corporation may require, within or without the limits aforesaid; shall be capable of contracting and being contracted with, and shall have the general powers possessed by municipal corporations at common law, and in addition thereto shall possess the powers hereinafter specifically granted, and the authorities thereof shall have perpetual succession.

SEC. 3. The government of said village and the exercise of its corporate powers, and the management of its fiscal, prudential and municipal concerns, shall be vested in a president and four trustees of the village of Houston.

SEC. 4. On the first Tuesday in April next, and annually thereafter, there shall be elected in and for said village, one president, four trustees, one justice of the peace, one marshal, one treasurer and one assessor, one clerk, who shall hold their office one year; except the justice of the peace, who shall hold his office two years, or until their successors are elected and qualified.

SEC. 5. All officers provided for in the fourth section of this act, at the time therein provided, shall be elected by the voters who shall have resided in said village of Houston at least fifteen days next before the day of election, and having the qualifications of a voter for state and county officers; all officers provided for in this act for election shall be twenty-one years old, a citizen of the United States, or declared his intention to become such, and shall have resided in said village of Houston at least three months next before their election, and in case the election as provided in this act should from any cause not be held at the time provided, such failure shall not arrest, suspend or dissolve this corporation, but such election may be held at any time thereafter when any five legal voters shall give ten days' notice by written or printed handbills, put up in three of the most public places in said village, of the time of holding such election and of the officers to be elected.

SEC. 6. The first election for officers provided for in this act, shall be held at the place where the last general election was held in the town of Houston, and the polls shall be opened between the hours of nine and ten a. m., and continue open until four p. m., and the voters present at the time of opening, shall proceed to elect by ballot, or otherwise at the first election under this act, and at no other, one moderator, one inspector and one clerk from among themselves, whose duty it shall be to receive and count all the votes which may be given, in the same manner as is provided in county and town elections, the names of all the officers voted for, as provided for in this act, shall be one slip of paper, either written or printed, or partly written and partly printed, with the office for which such person is voted for, and the person or persons receiving the highest number of votes for any office or offices, shall be declared by the