three of the most public places in the village. At the said elections the trustees, or any two of them, shall act as judges of election, and the recorder as clerk, and in case of non-attendance of any of these officers, the vacancy shall be filled by an appointment made by those officers present. At the close of the polls the votes shall be counted, and a true statement thereof proclaimed by one of the judges, and the recorder shall make true record thereof, and within five days thereafter shall give notice in writing to persons so elected of their election. The first election under this act shall be held on the first Monday in April, A. D. eighteen hundred and seventy-four, and shall be conducted by J. H. Welch, A. A. Huntington, E. A. Hotchkiss and D. P. Wasgatt, with power of appointment and substitution in case of absence.

SEC. 11. Whenever a vacancy shall occur in any elective office, it shall be filled by a new election called by the council in the same manner as hereinbefore provided for other elections. Persons elected to fill a vacancy shall hold his office and discharge the duties for the unexpired term thereof.

TITLE II.

SEC. 1. The common council shall have the management and control of the finances, and of 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, by-law or regulation ordained or passed by them; and all such ordinances, 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 ordinance, rules, bylaws and regulations—

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

Second. To restrain and prohibit all description 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 person from vending, giving or dealing in spirituous, fermented or vinous liquors, unless duly licensed by the common 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 gambling.

Fourth.-To compel the owners or occupants of any grocery, cellar, tallow chandlers 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 and distilleries.

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 materials or substances whatever.

Seventh. To prevent and punish horse racing and immoderate riding or driving in the streets. To compel persons to fasten their horses or other animals attached to vehicles while standing in the streets.

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 violations of the ordinances.

Ninth. To prevent the running at large of dogs, and may impose a tax upon 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 carcass or any 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, and in default to authorize the removal thereof by some competent officer, 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 water works 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, or cattle, or other animal, on the sidewalks in said village, or in any way doing any damage to such sidewalks.

Fourteenth.-To prevent the shooting of firearms, crackers, and to prevent the exhibition of any fire works in any situation which may be considered by the council dangerous to the town or any property therein, or damaging [annoying] to any citizen thereof. Fifteenth.-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.

Sixteenth.-To license and regulate butchers stalls, shops and stands for sale of game, poultry, butchers meat, fish and other provisions.

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

Eighteenth. 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.

Nineteenth.-To provide for watchmen, and to prescribe their numbers and duties and to regulate the same, to establish the police of said village and to prescribe the number and their duties, and regulate the same.

Twentieth.-To provide by ordinance for a standard of weights and measures, for the 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-first.-To direct and regulate the planting and preserving of ornamental trees in the streets and public grounds.

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

Twenty-fourth.-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-fifth.-To restrain and punish mendicants, beggars and

prostitutes.

Twenty-sixth.--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.

SEC. 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 published at least once in the official paper or posted in three conspicuous places in said village, before the same shall be in force, and thereafter shall be admitted as evidence in any court in the state without further proof. They shall be recorded by the recorder in books provided for that purpose.

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 or vinious or fermented liquors are sold without license required therefore within the limits of said village, are hereby declared and shall be deemed public 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 village, at such times as they may deem proper, and also at the end of each 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 orders of said council in discharge for 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 council to declare the office of such person or officer vacant, and the common council shall order suits and proceedings at law against any officer or agent of said village, who may be defaulting, or delinquent in his books or accounts, or in the discharge in any manner of his official duties, and shall make a full record of all such adjustments and settlements.

TITLE III.

SEC. 1. All actions brought to recover any penalty or forfeiture under this act, or the ordinances, police or health regulations 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 any ordinance of the village, the first process shall be by warrant; Provided, That no warrant shall be necessary in any case of the arrest or apprehension of any person or persons while in the act of viola. lating any law of the state of Minnesota, or ordinance of the village, but the person or persons so arrested, may be proceeded against, tried and convicted, and punished or discharged in the same manner as if the arrest had been by warrant.

SEC. 3. 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 to 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. 4. When any suits or actions shall be commenced against said village, the service then shall be made by a copy left with the recorder of the village.

SEC. 5. No law of this state contravening the provisions of this act shall be considered as repealing, amending or modifying the the same, unless such purpose be expressly set forth in such act.

SEC. 6. The sale of intoxicating, spirituous, vinous, 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 for the use thereof.

SEC. 7. 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 general laws of the state upon boards of supervisors of townships, to open, alter or discontinue or lay out roads, and in the matter of opening, laying out or vacating streets or alleys, and the assessment of damages, the common council shall be governed by and act under the general laws of the state governing boards of supervisors, and appeals may be taken in the same manner to the county commissioners, as appeals are under the general laws taken from the decision of township supervisors. SEC. 8. 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 improvements. Whenever the common council shall deem it necessary to construct or repair any sidewalk in the village of Winnebago City, they may require