SEC. 7. All prosecutions for violating any of the ordinances, rules or by-laws enacted under the provisions of this act, shall be commenced by warrant upon complaint being made as required by law in criminal cases before justices of the peace, and the same proceedings shall be had therein as are required to be had by the laws of this state in criminal or civil actions, before justices of the peace. The justices of the peace of the village shall have and possess exclusive and original jurisdiction of all cases arising under the provisions of this act.

SEC. 8. All fines and penalties imposed under or by virtue of the provisions of this act, shall belong to the village of Dodge Center, and shall constitute a fund to pay the expenses incurred under the provisions of this charter.

SEC. 9. Whenever C. D. Tuthill, A. L. Wellman and M. D. Underwood shall receive official notice by the secretary of state of the passage of this act and the approval of the same by the governor of the state, the said C. D. Tuthill, A. L. Wellman and M. D. Underwood shall post notices in three of the most public places in the village, giving at least five days' notice to the legal voters, residents of said incorporated village to meet to organize under the provisions of this act, and elect officers for the ensuing year. And the electors present at the time and place designated in the call, may organize such meeting by choosing, viva voce, two judges of election and one clerk, who, before entering upon the discharge of their duties, shall take and subscribe an oath or affirmation to faithfully discharge the duties required of them, and said judges and clerk being duly qualified, shall forthwith open the polls by proclamation, and conduct the election in the manner prescribed by the statutes of the state for the electors [election] of township officers; and the judges of election shall give to each person elected a certificate of his election, and such officers so elected, after having qualified according to the laws of the state, shall forthwith enter upon the discharge of their duties.

SEC. 10. After the first election of officers, the village council, or any two of them being present, shall act as judges of election, and the annual meeting shall be on the first Tuesday of January for the election of officers, and at such place as may be directed by the village council, after giving ten days' notice thereof, either by posting written notices in three of the most public places in the village, or by publishing such notice in a newspaper printed in said village. The polls shall be opened at one o'clock, P. M. and close at four o'clock in the afternoon of said day. At the close of the polls the votes shall be counted, and a true statement thereof proclaimed to the voters by some one of the judges of election, and the recorder shall make a true copy thereof in a book kept for such purposes ;

and within five days notify in writing the persons so elected of their election.

SEC. 11. Special elections may be ordered by the council, but no special election shall be held unless ten days' notice thereof is given, nor shall any subject or question be considered or acted upon unless its objects are clearly set forth and stated in the notice for the call of such meeting.

SEC. 12. The legal voters of said village may at any annual or special meeting, authorize the village to levy a tax for any legitimate object, but in no case shall the tax so levied exceed the sum of two mills upon the dollar valuation in any one year, and all taxes levied, except for improvements of streets, sidewalks and crossings, shall be levied and collected as prescribed by the statutes of the state, for the levying and collecting of township taxes; Provided, That the village council shall make an annual return to the county audi tor of all taxes levied and assessed by them, and the county auditor shall upon receipt of the same, enter and carry out the said tax or taxes against the property within the said village, and collect the, same as other taxes are collected, and when collected, turn over the same to the village treasurer.

SEC. 13. The village council shall have the exclusive right to license persons vending, dealing in, or disposing of spirituous, vinous, malt or fermented liquors within the limits of said village, and persons so licensed shall not be required to obtain a license from the board of county commissioners; Provided, The persons so obtaining such license comply with all the requirements, and subject to all the penalties as provided in chapter sixteen of the general statutes of Minnesota; And provided, further, That no license shall be granted for less than fifty dollars, nor for a greater sum than two hundred dollars at the discretion of the village council, and that previous to granting of any such license, a bond shall be executed with the same conditions and with the same penal sum as required by the general act, and the moneys received for such license shall be paid to the treasurer of said village and be used to defray the expenses thereof, and the council shall have full power to restrain any person from vending liquors unless duly licensed by the village; council of said village; Provided further, All licenses granted by: the village council shall expire within ten days after the next general election in said village.

SEC. 14. The justice of the peace and constable of said village shall have, and may exercise in addition to the powers and authority herein specially granted to such officers, all the power and authority in any case possessed by a justice of the peace or constable elected in Dodge county. The village justice and constable shall take the same oath of office, and execute, before entering upon the discharge

of their duties as such officers, the same bonds as officers aforesaid, and file the bonds with the same officers as justices of the peace and constables elected elsewhere in Dodge county are now or hereafter may be required to do, and shall receive the same fees for their services as justices of the peace and constables elected elsewhere in the county are allowed under the statutes of the state.

SEC. 15. Should a vacancy occur in any of the offices provided for in this act, the village council or the remaining members thereof may fill the same by appointment.

SEC. 16. The village of Dodge Center shall constitute one road district, and the street commissioner or roadmaster thereof be appointed by the village council, and all taxes raised within the limits of said village for road purposes shall be expended under the direction of the village council.

SEC. 17. The village council shall constitute a board of auditors for the purpose of auditing all accounts payable by said village, said board shall draw up a report, stating in detail the items of accounts audited and allowed, the nature of each account, and the name of the person to whom the account was allowed, and also including a detailed statement of the financial concerns; such report shall be produced and publicly read by the recorder at the next ensuing annual village election.

SEC. 18. The cost and expenses of building, grading, paving or repairing sidewalks shall be at the option of the village council, chargeable to the lots fronting on said improvements. Whenever the village council shall decree it necessary to construct or repair any sidewalk in said village they shall 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 in said village for not less than two weeks of a notice to said owners or occupants, setting forth what work is to be done, and the character of the same, by such owner or occupant, and the time within which they are required to do it.

SEC. 19. If such work is not done and the sidewalks not built or repaired in the manner and within the time prescribed, the village council may order the same to be done at the expense of the lots and parcels of land adjoining said sidewalks, and said expenses shall be assessed upon such lots and parcels of land so chargeable by the village council and returned by them in their annual return to the county auditor, and said assessment so made and returned, shall become a lien upon said lots and parcels as in case of town, county and state taxes.

SEC. 20. No greater sum of money than one hundred dollars shall be appropriated for any one purpose by the council unless it is expressly authorized by a vote of the legal voters of said village at an annual or special meeting.

SEC. 21. The territory comprised within the prescribed limits of the village of Dodge Center, shall constitute one election district for the election of village officers, but nothing in this act shall be construed as dissevering or separating the above described territory from the township of Wasioja for township purposes, neither shall it prevent the annual town meetings and elections of the township of Wasioja from being holden within the corporate limits of said village of Dodge Center.

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SEC. 22. Whenever fifteen legal voters of Dodge Center shall petition the village council in writing, to authorize a vote upon the subject of license, said council shall post written notices in five of the most public places in said village, at least ten days prior to the next succeeding general election, that a vote will be taken on the subject of licensing persons to deal in, and vend spirituous, vinous, malt or fermented liquors. When the notices has been so given, it shall be lawful for the electors of said village on election day to write or print on their ballots the words "license, yes," or the words license, no," which ballots shall be counted and recorded as votes for village officers are, and if a majority of those voting on the subject of license shall have voted "license, yes," then the village council may license as provided for in section thirteen of this act, but if a majority shall have voted "license, no," then said village! council shall have no power to grant licenses as aforesaid, and all licenses previously granted to persons dealing in spirituous, vinous or malt liquors, shall cease, and be of no force and effect within ten days thereafter; Provided, That at the first election as provided for in section nine of this act, in the notices for the election it shall be distinctly written and form a part of the notices of election, that the question of license or no license for the vending of intoxicating liquors will be submitted to the qualified electors of said village, with the same restrictions and provisions as is prescribed in the preceding part of this chapter.

SEC. 23. The corporation is invested with all powers to carry into full force, virtue and effect, all and every part of this charter of said village, and to carry into execution the same; and shall have power to pass and ordain all and every ordinance necessary to carry out fully the meaning and interest thereof.

SEC. 24.

All acts or parts of acts inconsistent with this act, are hereby repealed.

SEC. 25. This act shall take effect and be in force from and after its passage.

Approved February 11, 1874.

CHAPTER XIV.

AN ACT TO AMEND SECTION TWO OF CHAPTER FOUR OF CHAPTER FOURTEEN, OF THE SPECIAL LAWS OF EIGHTEEN HUNDRED AND SEVENTY-TWO (1872), ENTITLED “ AN ACT TO INCORPORATE THE VILLAGE OF FERGUS FALLS."

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

SECTION 1. That section two of chapter four of chapter fourteen of the special laws of eighteen hundred and seventy two be amended

so as to read as follows:

Sec. 2. The cost and expense of building or repairing sidewalks shall be under the control of the village council, chargeable to the ots fronting on such improvements; Provided, That the consent in writing to such improvements of two-thirds of the actual residentowners of such lots, shall first be filed with the village recorder, in any case where a sidewalk is to be constructed for the first time in front of such lots, but such consent shall not be required for the repair or renewal of such sidewalk. Whenever consent of twothirds of the actual resident-owners of the lot or lots along any street in said village, to build a sidewalk, is filed as provided for in this section the village council may, in their discretion, require the street commissioner to notify all owners or occupants of any lot or lots, or parcels of land adjoining such sidewalk to immediately con-♦ struct or repair the same at his or their own proper expense and charge within a certain time, not to exceed one month from the date of such notice, by delivering to the owners or occupants of such lot or lots, or parcels of land, or by publishing in a newspaper printed published in said village, for a period of two weeks, a notice to

and

said owners or

the character of the same by such owners or occupants, and the time

Occupants, setting forth what work is to be done and

in which they are

required to do the

same.

Provided, That the

provisions of this act shall not apply to any lots or blocks situate south of Hampden avenue, north of Summit avenue, east of Whitford street or west of Union avenue.

SEC. 2. This act shall take effect and be in force from and

after its passage.

Approved February 26, 1874.