nays, which shall be entered by the city clerk of record. If any ordinance or resolution shall not be returned by the mayor within five days (Sundays excepted) after it shall have been presented to him, the same shall have the same effect as if approved by him.

SEC. 3. At the first meeting of the common council in each year, they shall proceed to elect by ballot from their number a president and vice-president. The president shall preside over the meetings of the common council, and during the absence of the mayor from the city, or his inability, from any reason, to discharge the duties of his office, the said president shall exercise all the powers and discharge all the duties of the mayor. In case the president shall be absent at any meeting of the common council, the vice-president shall act as presiding officer for the time being, and shall discharge the duties of such president, and act in his place. The president, or temporary presiding officer, while presiding over the common council, or performing the duties of mayor, shall be styled acting mayor, and acts performed by either when acting as mayor aforesaid, shall have the same force and validity as if performed by the mayor. The mayor and aldermen of said city shall have the right to administer oaths and affirmations, take acknowledgments of deeds, and do and perform generally all acts which may be done or performed by notaries public under the laws of this state.

SEC. 4. There shall be a clerk of said city, styled the city clerk, who shall be elected by the common council, and hold his office at the city hall. He shall keep the corporate seal, and all papers and records of the city, and keep a record of the proceedings of the common council, at whose meetings it shall be his duty to attend. Copies of all papers filed in his office, and transcripts from the records of the common council, certified by him under the corporate seal, shall be evidence in all courts as if the original were produced. He shall draw and countersign all orders on the treasurer, in pursuance of any order or resolution of the common council, and keep a full and accurate account thereof in books provided for that purpose. The clerk shall have power to administer oaths and affirmations, and take the acknowledgment of deeds and other writings.

SEC. 5. The city attorney for said city shall perform all profes sional services incident to his office, and when required shall furnish opinions upon any legal question submitted to him by the common council or by any of its committees, or by the board of public works, and shall perform such other duties as may be prescribed by the common council by ordinance. He shall receive a salary of at least two thousand five hundred dollars ($2,500) per annum, payable as in the case of other city officers.

SEC. 6. The city treasurer shall receive all moneys belonging to said city, including all taxes, license moneys and fines, and other rev

enues of said city, and keep an accurate and detailed account thereof, in such manner as to show the exact financial condition of said city..He shall exhibit to the common council at least fifteen days before the annual election, and as often as said common council or the finance committee thereof may require, a full and detailed account of all receipts and expenditures since the date of his last annual report, or for any required period, and also the state of the city treasury; which annual account shall be filed with the clerk, and published in the official paper of said city. He shall give such bond as the common council may require, and the same shall be conditioned for the faithful performance, of all the duties imposed by this act, and particularly the duties required by chapter five of this act relating to the treasury department. No funds of the city shall be loaned by the treasurer to any city officer, or other person, or otherwise disposed of, except in accordance with law. Any violation of this provision shall be a misdemeanor, punishable by imprisonment for a period not exceeding one year, or by a fine not exceeding one thousand dollars, or both, in the discretion of the court. At the first meeting of the council in each month, the treasurer shall report the amount of city funds under his control, and where placed or deposited.

SEC 7. The city controller shall annually submit to the common council, at their first stated meeting in March, an itemized report of the financial condition of the city. He shall make a list of all outstanding city bonds, to whom issued, for what purpose, when and where payable, and the rate of interest they may respectively bear, and recommend such action to the common council as will secure the prompt payment of the principal and interest of such bonds. He shall also submit to said council, at their first stated meeting in December of each year, a synoptical report of the financial condition of the city.

SEC. 8. He shall report annually, on or before the first day of October, to the common council, an estimate of the expenses of the city, and likewise the revenue necessary to be raised for the current year; and the fiscal year shall commence on the first day of January of each year.

SEC. 9. He shall make, or cause to be made, estimates of the expenses of any work to be done by the city, whenever directed by the common council, and countersign all contracts made in behalf of the city, and certificates of work by any committee of the common council or by any city officer.

SEC. 10. It shall be the duty of the controller to keep regular books of accounts, in which he shall enter all indebtedness of the city, and which shall, at all times, show the precise financial condition of the city; the amount of bonds, orders, or other evidences of

indebtedness issued by the common council, the amount of all bonds, orders, &c., which have been redeemed, and the amount of each outstanding; to countersign all bonds, orders, or other evidences of indebtedness of the city, and to keep an exact account thereof, stating to whom and for what purposes issued, to keep accounts with all the receiving and disbursing officers of the city, showing the amount which they have received from all the different sources of revenue, and the amount which they have disbursed under the direction of the common council.

SEC. 11. If on or before the first day of January of any year, the amount expended or to be expended, chargeable to any of the special funds, (adding thereto the current expenses estimated for the remainder of the fiscal year, and chargeable to such fund,) shall be equal to three-fourths of the tax authorized to be raised, or revenue estimated for such fund, he shall at once report the same to the common council, and he shall not countersign any contracts chargeable to such fund, until the amount of taxes actually collected be ascertained, and during the remainder of the fiscal year, he shall not countersign any contract the expenses of which shall exceed the revenue actually collected for the fund to which such expenses are properly chargeable, except as herein otherwise provided.

SEC. 12. He shall examine the reports, books, papers, vouchers and the accounts of the treasurer, and from time to time shall perform such other duties as the common council may direct.

SEC. 13. He shall at all times have access to the said reports, books, papers, vouchers and accounts, and shall assist the treasurer in carrying out the provisions of chapter five of this act; All claims and demands against the city, before they are allowed by the common council, shall be audited and adjusted by the controller, and all orders on the treasurer shall be examined and countersigned by him before they are delivered by the city clerk.

SEC. 14. It shall be the duty of the city controller, in auditing and adjusting claims and accounts against the city, to designate and specify upon each claim, demand and account so audited and adjusted, the particular fund out of which the same shall be paid, and the same shall not be audited or adjusted by him, or reported to the common council, until there shall be sufficient funds to the credit of the particular fund out of which the same is payable, to pay the same as well as all other claims before that time audited and allowed against such fund.

SEC. 15. The controller shall keep a record of all his acts and doings, and keep a book in which he shall enter all contracts, with an index thereto; such records shall be open to the inspection of all parties interested. He shall not be directly or indirectly interested in any contract or job to which the city is a party.

He shall give such bond as the common council may require, and the same shall be conditioned for the faithful performance of all the duties required by chapter five of this act, relating to the treasury department. He shall receive a salary of at least two thousand dollars ($2,000) per annum, payable as in the case of other city officers.

SEC. 16. The city justice for the city shall possess all the authority, power and rights of a justice of the peace of the county of Ramsey under the laws or constitution of the state, and shall have in addition thereto, sole, exclusive jurisdiction to hear all complaints, and conduct all examinations and trials in criminal cases within the city, cognizable before a justice of the peace; but warrants returnable before said justice may be issued, in criminal cases, by any other justice in the city, but no fee shall be received therefor by said justice. The said justice shall have exclusive jurisdiction in all cases cognizable before a justice of the peace in which the city is a party, and shall have cognizance and exclusive jurisdiction of all suits, prosecutions or proceedings for the recovery of any fine, forfeiture or penalty, under any by-law, ordinance, or regulation of said city of Saint Paul or its charter, or for the breach or violation of any such by-law, ordinance or regulation, and in all cases of offenses committed against the same. All prosecutions for assaults, batteries, affrays and other offenses not indictable, and for a breach or violation of any such by-law, ordinance or regulation, shall be commenced in the name of the city of Saint Paul, and the same proceedings shall be had in all civil and criminal suits before said justice, where not otherwise herein directed, as are established and required to be had in civil and criminal actions, by the laws of this state before a justice of the peace. Provided, That in cases of prosecution for a breach or violation of an ordinance, by-law or regulation of said city or its charter, or for an assault, battery, or breach of the peace, or affray, or other offense not indictable, committed within the city limits, no appeal shall be allowed where the judgment or fine imposed, exclusive of costs, is less than twenty-five dollars ($25.00). In all cases of convictions for assaults, batteries, affrays and other offenses not indictable, within said city, and in all cases of conviction under any ordinance of said city, for breach of the peace, disorderly conduct, keeping houses of ill-fame, or of frequenting the same, and of keeping or maintaining disorderly and ill-governed houses, the justice shall have power, in addition to the fine or penalty imposed, to compel such offenders 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. The said justice shall have the same power and authority in case of contempt as a court of record. Provided, That nothing

herein contained shall be deemed to divest the district judge or judge of the court of common pleas of their authority as conservators of the public peace. In case of the absence, sickness or other inability of such justice, or for any sufficient reason, the mayor, by warrant, may authorize any other justice of the peace within said city to perform the duties of said justice of the peace for the city; and it shall thereupon be the duty of the mayor to inform the city attorney and chief of police of such substitution, and make report thereof to the common council, and they may confirm or set aside such appointment, or appoint some other justice of the peace; and the justice of the peace so appointed shall, for the time being, possess all the authority, powers and rights of said city justice. And all fines, forfeitures, or penalties, imposed for offenses cognizable before the city justice, or for the violation of any ordinance, by-law, or regulation of said city, shall, when collected, before or upon appeal, be paid into the treasury of said city, whether the prosecutions were carried on in the name of the city or state.

SEC. 17. The city justice shall, as often as the common council may require, report to the common council all the proceedings instituted before him in which the city is interested, and shall at the same time account for and pay over to the city treasurer all fines and penalties collected by him belonging to said city; and said justice shall be entitled to receive from the county of Ramsey such fees in criminal cases as are allowed to other justices in the county, for similar services.

SEC. 18. The common council, at their first meeting in each year, or as soon thereafter as may be, shall designate one newspaper printed in said city, in which shall be published all ordinances, and other proceedings and matters required by this act, or by the bylaws or ordinances of the common council, to be published in a public newspaper. Provided, That the common council may order the publication of ordinances, advertisements, proceedings, or such resolutions as may be of general importance, in such other newspapers as they may direct.

SEC. 19. The city printer or printers, immediately after the publication of any notice, ordinance or resolution, which by this act is required to be published, shall file with the clerk of the city a copy of such publication, with his or their affidavit, or the affidavit of his or their foreman, of the length of time the same has been published, and such affidavit shall be conclusive evidence of the publication of such notice, ordinance or resolution, and no account for the publication of such notice, ordinance or resolution shall be allowed or adjusted by the controller, without the certificate of the city clerk that such proof of publication has been made and filed. SEC. 20. If any person, having been an officer in said city, shall