SEC. 29. All rules and ordinances of the board of health, before they shall take effect, shall have at least one publication in the official paper of the city.

CHAPTER XII.

MISCELLANEOUS AND SUPPLEMENTARY.

SECTION 1. No penalty for judgment recovered in favor of the city shall be remitted or discharged, except by a vote of two-thirds of the aldermen elect.

SEC. 2. All actions brought to recover any penalty or forfeiture under this act, or the ordinances, by-laws, or police, or health regulations made in pursuance thereof, shall be brought in the corporate name of the city.

SEC. 3. In all prosecutions of any violation of this act, or of any by-law or ordinance of the city of Saint Paul, the first process shall be a warrant; Provided, That no warrant shall be necessary in case of the arrest of any person or persons while in the act of violating any law of the state of Minnesota, or ordinance of the city of Saint Paul, but the person or persons so arrested may be proceeded against, tried, convicted and punished, or discharged, in the same manner as if the arrest had been by warrant. All warrants, process or writs by the city justice, for violation of any ordinance or bylaws of said city, shall run in the name of the city of Saint Paul, and shall be directed to the chief of police, or any police officer of said city.

SEC. 4. In all cases of the imposition of any fine or penalty, or of the rendering of any judgment by the city justice, pursuant to say ordinance, or by-law of the said city of Saint Paul, or pursuant to any provision of the charter of said city, as a punishment for any offense, or for the violation of any by-law or ordinance as aforesaid, the offender shall be forthwith committed to the common jail of Ramsey county, and be there imprisoned for a term not exceeding three months, in the discretion of the city justice, unless the fine or penalty aforesaid be sooner paid or satisfied, and in all cases where the punishment of such offenders shall be by imprisonment, such imprisonment shall be in the said common jail of Ramsey county, and from and after the time of arrest of any person or persons, for any offense whatsoever, until the time of the trial or hearing, the person or persons so arrested may be imprisoned in the said common jail of Ramsey county, or in the city prison, and in all cases where the said city justice is or may be authorized to commit any person or persons for any other cause by virtue of the provisions of the charter of said city, he may commit such person or persons to

the said common jail of Ramsey county. The sheriff of Ramsey county, and jailers, and prison keepers of said common jail of Ramsey county, and their and each of their deputies, are required to receive such persons in custody and confine them safely in said common jail of Ramsey county, until they shall be discharged by due course of law; and such sheriff, jailers, prison keepers, and their deputies, offending in the premises, shall be liable to the same paine and penalties, and the parties aggrieved shall be entitled to the same remedies against them or any of them, as if such prisoners had been committed to their custody by virtue of legal process issued under the authority of this state. The said city of Saint Paul shall be liable to pay for the support and keeping of said prisoners the same charges and allowances as are allowed for the support and keeping of prisoners committed under the authority of the state. Provided, That nothing herein contained shall prevent the common council from providing by ordinance for subjecting any offender to be kept at hard labor, in any workhouse established by said city for that purpose, or from keeping any male offender at hard labor upon the public streets as provided for in chapter four of this act.

SEC. 5. The city of Saint Paul shall not be liable, in any case, for the board or jail fees of any person who may be committed by any officer of the city, or any magistrate, to the jail of Ramsey coun ty, for any offense punishable under the state laws.

SEC. 6. No person shall be an incompetent judge, justice, wit ness or juror, by reason of his being an inhabitant of said city, in any proceeding or action in which the city shall be a party in interest.

SEC. 7. When any suit or action shall be commenced agains said city, the service thereof may be had by leaving a copy of th process, by the proper officer, with the mayor; and it shall be th duty of the mayor forthwith to inform the city attorney thereof, wh shall take such other proceedings as by the ordinances or resolu tions of said council may be in such case provided, or as may needful in the matter.

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SEC. 8. The city may prosecute an appeal in all cases to th district court or court of common pleas for Ramsey county, or to th supreme court of the state. The mayor, in case of such appeals o in any action or proceeding to which the city is a party, and in which a bond may be necessary, shall execute a bond, signed by him an the city clerk, who shall affix the corporate seal thereto, conditione as may be necessary in such action, proceeding or appeal, but n sureties or justification shall be required for said bond. Nor shal the city be required in any case to file a bond or give other security

for costs.

SEC. 9. In case any judgment shall be rendered in any court o record against the city for a sum exceeding five hundred dollars

and no appeal shall be taken therefrom within thirty days thereaf ter, it shall be the duty of the city attorney, to file a certified transcript of such judgment with the city controller. And it shall be the duty of the said common council to include in the next annual levy of taxes to be thereafter assessed and collected, a' sum sufficient to pay such judgment, with legal interest accrued thereon; the amount so collected shall be credited to the general fund of said. city, and such judgment shall thereafter be paid as other claims and demands against said city, but no execution shall issue upon such judgment for a period of six months after the first annual levy of taxes by said city after the date of filing the said transcript of said judgment as aforesaid with the city controller. Provided, That the said common council may order the payment of such judgment at any time after the rendition thereof, if there shall be sufficient moneys in the general fund of said city not otherwise appropriated. SEC. 10. The following property now, or at any time hereafter, belonging to said city, shall be exempt from levy and sale under or by virtue of any execution: engine houses, hook and ladder houses, together with the grounds and lots on which they are situated, and all fire engines, carriages, hooks, ladders, buckets, hose or other fire apparatus used by any company created or authorized by the common council of said city; market houses and the furniture thereof; city hall and furniture of common council and office rooms; the public levee, streets or other real estate used for public purposes; the quarantine grounds and the buildings erected thereon, and fixtures and appurtenances thereof, and the present or future interest of the city in the Saint Paul bridge, or in or to the franchises, property and stock of the Saint Paul bridge company; or any other public property which said city shall own, hold or be interested in for the public use, or the rents, uses, profits or incomes whereof are due and payable to the city treasurer. Nor shall any seal or personal property of any inhabitant of said city, or of any individual or corporation, be levied on and sold by virtue of any execution issued to satisfy or collect any debt, obligation or conract of said city.

SEC. 11. All deeds, leases and other instruments executed by aid city, for the conveyance of real estate, or any interest therein, or a term exceeding one year, shall be authorized by a resolution of the common council, which shall be quoted or referred to in such nstrument, and signed by the mayor and city clerk, who shall affix he seal of the city thereto, and shall be countersigned by the conroller.

SEC. 12. All bonds hereafter to be issued by said city, and all rders on the city treasurer shall be signed by the mayor and the ity clerk, who shall affix the seal of the city thereto, and shall be

countersigned by the controller.. Warrants of the commissioners of the interest and sinking fand, shall be signed as provided in chapter five of this act, and the city clerk shall affix the seal of the city

thereto.

SEC. 13. The said city may lease, purchase and hold such real and personal estate, as the common council may deem necessary or convenient, and may lease, sell and convey the same, and the same shall be free from taxation.

SEC. 14. All contracts for work to be done for said city or for the purchase of materials or property of any kind, for the public use of said city, not otherwise provided for in this act, in which the value of such work, or the price or value of such property or materials, shall exceed the sum of two hundred dollars, shall be let to the lowest responsible bidder, reserving to the council the right to reject all unreasonable bids. In such case the common council shall require a notice of not less than six days of the time and place of letting such contract, by publication in the official paper of said city, which notice shall substantially describe the work fo be done and such other particulars as the council may order, and shall designate the time and place when and where sealed proposals shall be received therefor; the said proposals shall be opened and considered by the common council at any regular or stated meeting thereafter or at a special meeting if designated in the notice; and upon any bid aforesaid being accepted, a contract in accordance therewith shall be drafted and submitted to said council, at any regular or special meeting, for its approval, and upon the same being approved and signed by the presiding officer of the council, it shall be executed on the part of the city by the mayor and the city clerk, with the corporate seal of the city attached and countersigned by the controller, and filed with the bond in the office of such controller. The said council shall require a bond on the part of the contractor, to be executed with such conditions, and with such sureties, and in such amount as the council may prescribe, for the purpose of securing the performance of the contract; the common council shall also have power to require every bid to be accompanied by a bond on the part of the bidder in such sum and with such sureties and conditions as the common council may prescribe. Contracts for work or for the purchase of materials or property where the value of the work or the price of the property or materials shall not exceed the sum of two hundred dollars, may be authorized by a resolution of the common council, to be made and entered into by any committee or officer of said city designated in such resolution, Provided, That in the event of extraordinary and sudden injury by fire, flood or other unforeseen cause, to the Saint Paul bridge, or to any

public street, public levee, public building or other public property of said city, whereby such property or adjoining property may be endangered or damaged, or the public health or safety may require the immediate repair thereof, the said council may authorize the same by resolution passed by a two-third vote of all the members elect, but the cost and expense thereof shall not in any case exceed the sum of one thousand dollars, and the same shall be paid out of the contingent fund if there be no moneys in the general or other appropriate fund to pay the same. In case of any contract provided for in this chapter, required to be let upon notice aforesaid, the controller shall not countersign the same until there shall be sufficient moneys in the appropriate fund to meet the indebtedness to be incurred by such contract. When the said contract shall have been so countersigned by such controller, he shall immediately thereafter deliver a certified copy thereof to the party or parties named in such contract, and until the delivery of such certified copy the same shall not be deemed the contract of said city, and no work shall be commenced or done thereunder until such contract is so delivered, nor shall the same be accepted by said city, or any accounts, claims or demands allowed, audited or paid therefor.

SEC. 15. Any contractor or person who accepts a contract under said city, shall take the same with the condition that he shall be personally and directly responsible for any and all loss, damage or injury to person or property, by reason of the neglect or failure of himself or any one in his employ, to so perform such work as to guard against all loss, damage and injury to person or property, and shall guard said work by suitable guards by day, and with lights at night, so as to prevent any such loss, damage or accident.

SEC. 16. Whenever any public ground, street, or alley shall be laid out, widened or enlarged, under the provisions of this act, the common council shall cause an accurate survey and profile thereof to be made and filed in the office of the city engineer, and also filed in the office of the register of deeds of Ramsey county.

SEC. 17. The city of Saint Paul shall have the power to take private property for public use upon just compensation therefor being first paid or secured, such power shall be exercised through its common council or board of public works, or both, or other officers of said city, as provided in this act, or as may be hereafter provided by law.

SEC. 18. All additions to the city of Saint Paul made, laid out and platted, as required by law, shall, before the same takes effect, or is recorded in the office of the register of deeds of Ramsey county, be presented to the common council of said city, at some regular or special meeting thereof, for acceptance by said city of