to be taken, and that they will faithfully and honestly discharge the trust reposed in them.

SEC. 15. If the assessment shall be set aside by the council or by the court, the council may proceed to order another or new assessment, shall appoint new commissioners who shall be notified by the clerk as the first, and who shall proceed in like manner as provided for the first, and all proceedings shall be as hereinbefore provided in the first instance, and all parties in interest shall have like rights, and the said council and other city officers shall perform like duties and have like powers in relation to any subsequent assessment as are hereby given in relation to the first.

SEC. 16. When such assessments shall have been confirmed, and no appeal shall have been taken therefrom, or if an appeal shall have been taken when judgment to confirm the assessment shall have been rendered thereon, the same shall be a lawful and sufficient condemnation of the land or property sought to be appropriated, and the order of confirmation of the said council shall be prima facie evidence that all the proceedings precedent thereto were just and regular. After such final proceeding, the said council shall cause to be paid to the owner of such property or his agent, the amount of damage over and above all benefits which may have been awarded therefor, but the claimant shall in all cases furnish an abstract of title showing himself entitled to such damages before the same shall be paid. If in any case the council shall have any doubt as to who is entitled to the damage for the land or property taken, they may require of the claimant a bond to its satisfaction, with good and sufficient sureties, conditioned to hold the city harmless in the premises from all loss, costs and expences the city might sustain should any other person show himself entitled to the said damage or any part thereof. If the owner be unknown or refuse to receive his assessment, the amount thereof may be deposited with the city treasurer for the benefit of such person, and subject to his order, which deposit shall be a sufficient payment of such

assessment.

SEC. 17. In all cases the title to property taken and condemned shall be in the city of Stillwater in fee simple.

SEC. 18. When any known owner of any land or premises affected by the proceedings under this chapter shall be an infant or laboring under any other legal disability, his next friend or in his default, the city attorney for said city shall apply to the judge of probate of Washington county, who shall thereupon appoint a guardian for such person, upon whom notice may be served, and with whom proceedings may be had as with other persons under no disability.

SEC. 19. Any person whose property has been appropriated and

who has filed his objection to the assessments as hereinbefore provided for, may at any time within ten days after the filing of the order of the confirmation of the report of the commissioners, appeal to the district court of Washington county. Said appeal may be made by the party appealing by filing a notice with the city clerk, giving a description of the property of the appellant appropriated, the amount of the damages and benefits assessed therefor, and the objections of said appellant to such assessments, and shall serve a copy thereof on the city attorney, and also file a bond in said court to the said city, with such sureties and in sums as the judge of said court will approve, conditioned that if the party appealing shall not succeed in his said appeal he will pay all the costs and damages that may be awarded against him. The city attorney may also appeal from said assessments or any part thereof in behalf of said city when required so to do by twenty freeholders of said city. The city attorney may appeal by serving a notice on the clerk and party or persons whose property is assessed, and from which assessment the appeal is taken, if such parties be residents of said city. If such parties be not residents the said 'notice may be published in some weekly newspaper printed and published in said city for three successive issues and such publication shall be regarded as sufficient notice.

SEC. 20. In case of an appeal, a copy of the assessment roll as confirmed aforesaid, with the order of confirmation thereof, certified by the clerk at the appellant's expense, shall be filed in the office of the clerk of the court to which such appeal shall be taken, and the cause shall be docketed by such clerk in the name of the party taking the appeal as plaintiff against the city of Stillwater; unless the appeal is taken by the city attorney, in which case it shall be entered as against the party whose property is assessed, and from which assessment the appeal is taken.

SEC. 21. The said cause shall then be at issue, and shall have the preference in the order of trial over all civil causes pending in said court; such appeal shall be tried as other cases on appeal are tried, except that no pleading shall be necessary, and on such the only question to be passed upon shall be whether the city council had jurisdiction in the case, and whether the value of the property specified in the objections is a fair valuation, and the assessment, so far as it affects such property, is a fair and impartial assessment. An appeal from the judgment of the district court shall lie to the supreme court, and upon verdict or assessment judgment shall be entered that upon payment of the verdict or assessment within one year thereafter, the premises in question may be taken for the public use for the purposes of such improvement.

SEC. 22. All acts and parts of acts conflicting with this act are hereby repealed.

SEC. 23. This act shall take effect and be in force from and after

AN ACT TO AMEND CHAPTER THIRTEEN OF THE SPECIAL LAWS OF EIGHTEEN HUNDRED AND SEVENTY-TWO, ENTITLED AN ACT TO INCORPORATE THE VILLAGE OF DODGE CENTER.

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

SECTION 1. That chapter thirteen of the special laws of Minnesota for the year eighteen hundred and seventy-two, be amended so as to read as follows: All that part of the township of Wasioja, in the county of Dodge and state of Minnesota, included within the following described limits or boundaries, viz.: The east one half of section No. thirty-three, and all of section thirty-four, all in township No. one hundred and seven, range seventeen, is hereby constituted a village by the name and style of the village of Dodge Center, and by that name the people now inhabiting or those who may hereafter inhabit the said district in said county, shall be a municipal corporation, possessing all the powers incident to municipal corporations at common law, with perpetual succession, and shall be capable of contracting and being contracted with, of suing and being sued, and of pleading and being impleaded in all courts of law and equity, and may have a common seal.

SEC. 2. The inhabitants of said village having the qualifications of electors of members of the legislature of the state of Minnesota as hereinafter provided, may elect a president, three trustees, a treasurer and a recorder who shall hold their respective offices for one year or until their successors are elected and qualified; also a justice of the peace, and a constable, who shall hold their respective offices for two years or until their successors are elected and qualified, and before entering upon the duties of their respective offices they shall each take an oath or affirmation to support the constitution and laws of the state of Minnesota and faithfully discharge the duties of his office. The treasurer shall give such bonds as the village council may require. The treasurer shall keep a true account

of all moneys by him received by virtue of his office, and the manner in which the same are disbursed, in a book provided for that purpose, and shall exhibit such account together with his vouchers. to the village council at its annual meeting for adjustment, and shall deliver all bocks and papers belonging to the office, and the balances of all moneys, as such treasurer, to his successor in office. Provided, further, That the treasurer shall not pay out any moneys in his hands except upon the written order of the president of the council attested by the recorder. The treasurer shall, from time to time, draw from the county treasury such moneys as may be due said corporation, for the use of said village, and on receipt of such moneys give proper vouchers therefor.

SEC. 3. The treasurer shall, one week previous to the annual election of village officers, make a detailed statement in writing of the moneys received by him, and the sources from which the same were received, and their respective amounts, and also the amounts paid out by him, and the purposes for which they were paid; such statement shall be filed by him in his office for the inspection of any tax payer residing within the corporate limits of said village.

SEC. 4. The president, the three trustees and recorder, shall be the village council of said village, any three of whom shall constitute a quorum for the transaction of any business, and shall have full power and authority to enact, adopt, modify, enforce, and from time to time amend or repeal all such ordinances, rules and by-laws as they shall deem expedient for the following purposes, viz.:

First. To provide for the construction and maintenance of suitable sidewalks and street crossings, as they shall deem expedient, at the expense of the owners of the lots or part of lots respectively opposite and adjoining to such sidewalks or crossings.

Second. To prevent riots, noise, disturbances of public or religious meetings, and to punish any person or persons who may be so engaged, and generally, to promote and preserve good order and the public peace.

Third. To prevent the incumbering of streets, sidewalks or alleys, with any material or substance, detrimental to the public good.

Fourth. To restrain the running at large of cattle, swine, sheep, horses, mules and poultry, and to authorize the impounding and distraining of the same.

Fifth. To prevent open or notorious drunkenness, brawling or obscenity in the streets, alleys, or public places, and to provide for the punishment of all persons so violating the ordinance or ordinances in such cases made and provided.

Sixth. To prevent all persons from doing damage to sidewalks, shade trees, public wells, cisterns or pumps.

Seventh. To direct the location and management of slaughter houses and markets in said village, and to regulate the sale, storage and conveyance of gunpowder, or other combustible material. Eighth-To compel the owners or agents of any yard, pen, privy, sewer, or any unwholesome or nauseous place, to clean, remove or abate the same as the village council may deem necessary for the health, comfort and convenience of the inhabitants of said village.

Ninth. To prevent the dangerous construction of chimneys, fireplaces, hearths, stoves, stove pipes, ovens, boilers, boiler-stacks, and apparatus in or about any building, and to cause the same to be placed in a safe condition, at the expense of the owner or owners, to prevent the deposit of ashes in unsafe places, or the throwing of them in the street, to regulate and prevent the use of fire-arms, and to establish such regulations for the prevention and extinguishment of fires as they may deem expedient and proper ; and may also provide for the sinking of wells, cisterns, or tanks, and furnishing them with pumps or buckets and hose, and may also direct the owners, agents, or lessees of any building or buildings in any exposed parts of the village, to procure and keep constantly on hand ready for immediate use, ladders of sufficient length to reach the highest part of their buildings; and pails or buckets, and may also direct that tubs or barrels of water or brine may be kept filled at all times.

Tenth. The village council may, by a unanimous vote, exempt ¦ a limited number of legal voters residents of said village, trom highway tax or serving on juries, provided they are members of a fire company organized and regulated under the direction of said village council.

Eleventh.-To license public showmen or exhibitions, billiardtables and bowling alleys.

Twelfth. To prevent and punish horse running [racing,] immoderate riding or driving in the streets, to compel persons to fasten their teams attached to vehicles while in the streets.

SEC. 5. Said village council shall have power and authority to declare and impos 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 or by-law enacted by them, and all such ordinances, rules and by-laws are hereby declared to have the force of law; Provided, They are not repugnant to the constitution and laws of the United States and the state of Minnesota.

SEC. 6. All ordinances, rules and by-laws shall be enacted by a majority of all the members of the village council, and shall be signed by the chairman, attested by the recorder, and published once in a newspaper published in the county of Dodge, or posted conspicuously in three of the most public places in said village for ten days, and shall be recorded in a book kept for that purpose.