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the erection of waterworks for the supply of water to the inbabitants.
Twelfth.-To establish and regulate boards of health, and provide hospitals and hospital grounds.
Thirteenth.—To prevent all persons riding or driving any ox, or mule, cattle, or other animal on the sidewalks in such village, or in any way doing damages to such sidewalks.
Fourteenth.—To prevent the shooting of firearms or crackers, and to prevent the exbibition of any fireworks in any situation which may be considered by the council dangerous to the town, or any property therein, or annoying any citizen thereof.
Fifteenth.—To prevent 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 the sale of game, poultry, butchers' meat, butter, fish and other provisions.
Seventeenth.–To regulate the place and manner of weighing of hay and selling the same, and measuring of and selling firewood, 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 regulate the same, and to create and establish the police of said village, and to prescribe the number of police officers and their duties, and to regulate the same, to prevent the dangerous construction, placing or continuance of chimneys, tireplaces, stovepipes or any pipes or instruments for the conducting of fire, heat or smoke, ovens, boilers or appurtenances, and to cause the same to be removed or to be made secure, and to prosecute any person depositing ashes in any unsafe place, and to prevent the carrying on of any kind of business or manufactory dangerous, in causing and promoting fires, or what might be dangerous to the health of the people of said village.
Twentieth.—To provide by ordinance for a standard of weights and measures, for 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 ornamental trees in the streets and public grounds.
Twenty-second.—To remove and abate any nuisance, obstructions, encroachment upon the streets, alleys, public grounds and highways of the village.
Twenty-third.—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 contageous or infectious disease into the village and to make quarantine laws and to enforce the same within the village.
Twenty-fourth.—To restrain and punish mendicants, street beg. gars and prostitutes.
Twenty-fifth.-Fines, penalties and punishments imposed by the 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, at the discretion of the justice; and offenders against the same may be reqnired 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 council by ayes and noes, and published at least once in the official paper before the same shall be in force, and shall be admitted as evidence in any court of the state, without further proof, and shall be recorded by the recorder in books to be provided for that purpose.
SEC. 3. The power conferred upon the council to provide for the abatement or removal of nuisances, shall not bar or binder suits, prosecutions, or proceedings in the courts according to law; gambling houses, houses of ill-fame, disorderly taverns and houses [or places] where spirituous, vinous, fermented or malt liquors are sold without license required therefor, within the limits of said village, are hereby declared and shall be deemed public or common 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 council shall require each and every such officer and agent to exhibit his books, accounts and vouchers for such examination and settlement; and it any such officer or agent shall refuse to comply with the orders of said council in discharge of 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 & committee thereof, it shall be the duty of the council to declare the office of such person vacant, and the council shall order suits and proceedings at law against any officer or agent of said village who may be found delinquent or defaulting in his accounts, or in the discharge of his official duties, and shall make a full record of all such settlements and adjustments.
SECTION 1. All actions brought to recover any penalty or forfeiture under this act, or the ordinances, police or health regulations made in pursuance thereof, shall be brought in the corporate name of the village.
SEC. 2. In all prosecuticns for any violations of this act, or of 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 appreheusion of any person or persons while in the act of violating any law of the state of Minnesota, or ordinance of the village, but the person or persons so arrested may be proceeded against, tried, convicted and punished, or discharged, in the same manner as if arrest had been by warrant.
Sec. 3. The marshal 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 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 suit or action shall be commenced against said village, the service therein shall be made by copy upon 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 same, unless such purpose be expressly set forth in such law.
SEC. 6. The sale of intoxicating, vinous, spirituous, malt or fermented liquors, within the limits of said villiage, is hereby declared to be under the exclusive control of the council of said village, and all fines imposed for violation of any ordinance regulating such traffic, shall be paid into the treasury of the village for the use thereof. Provided, That all moneys collected from residents of said village for county licenses for the year 1874 shall be paid into the treasury of said village by the county treasurer except such parts thereof as is proportional to the part of said year which may have expired prior to the passage of this act.
SEC. 7. The 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 the general laws of the state upon the boards of supervisors of townships to open, alter, discontinue or lay out roads, and in the matter of opening, laying out or vacating streets
or alleys, and the assessment of damages, the council shall be governed by and act under the general laws of the state providing for altering, discontinuing and laying out roads; and appeals may be taken in the same manner as appeals are under the general laws taken from decisions of township supervisors.
SEC. 8. The cost and expense of building, grading, paving or repairing sidewalks, shall be at the option of the council, chargea. ble to the lot fronting on said improvements whenever the council shall deem it necessary to construct or repair any sidewalk in the village of Willmar they may require the street commissioner to notify all owners and occupants of any lot or lots or parcel 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 the publication in a newspaper printed and published in said village, for not less than two weeks, of a notice to said owner or occupants, setting forth what work is to be done, and the character of the same, by such owners or occupants, and the time within which they are required to do the same.
Sec. 9. If such work is not done and the sidewalks not built or repaired in the manner and within the time prescribed, the council may order the same to be done by the street commissioner at the expense of the lots or parcels of land adjoining said sidewalks, and said expense shall be assessed upon such lots and parcels of land so chargeable, by the street commissioner, and reiurned by him to the council; and such assessment so made and returned, if approved by the council, shall become a lien upon said lots and parcels of land, as in case of town, county and state taxes.
Sec. 10. If said assessment be not paid to the street commissioner of the village on or before the twentieth day of August in any year, the village council sball cause a statement of the same to be transmitted with the village taxes levied for that year to the auditor of the county of Kandiyobi on or before the first day of September in each year, and the said auditor shall insert the same with the other taxes in the duplicate statement of taxes annually transmitted by him to the county treasurer for collection and payment thereof enforced with and in like manner as county and state taxes are collected and payment enforced.
Sec. 11. The village council may perscribe the width of sidewalks and may establish different widths in different locations, and may determine the kind of material of which they shall be constructed, having regard to the business and amount of travel in the vicinity of each.
SEC. 12. All property, real and personal, in the village, except such as may be exempt by the laws of this state, or is village
property, shall be subject to taxation not exceeding one mill on the dollar per year for general purposes; such property shall also be liable for such special taxes as the village council are herein authorized to levy.
Sec. 13. The village council shall have power to order and direct the levy and collection, within the limitation prescribed by law, of taxes sufficient to give full effect to the powers herein conferred.
Sec. 14. The village council shall have power to provide by ordinance for the manner of assessing and entorcing the collection of all taxes levied under the provisions of this act, but until express provision is made in regard to that subject, all taxes shall be collected as follows: the recorder shall deliver to the county auditor of Kandiyobi county a certificate signed by him under the seal of the corporation, setting forth the amount levied upon every dollar in value of the taxable property within the limits of the village of Willmar, as incorporated by this act, it thereupon shall become the duty of the said auditor to add the amount thus levied to the assessment roll of the year in which such levy was made, and it shall become the duty of the county treasurer of said county to collect the amount thus added to the assessment roll, and to enforce the collection of the same in like manner as any other tax of the said county of Kandiyohi, placed in his hands for collection, and to pay the amount so collected to the treasurer of the village of Willmar, incorporated by this act.
Sec. 15. In any action brought to recover any penalty or damages under this act, or under any ordinance made by the village council, it shall be sufficient to complain that the defendant is indebted to the village to the amount of said penalty or damages, and to refer to the act or ordinance under which the same is claimed, and to give the special matter in evidence under it. All civil cases shall be under control and direction of the village council; they shall have power to settle, compromise, or prosecute all such actions on the part of the village, when said village shall be a party, or be interested in such actions, and no person shall be incompetent as a juror by reason of being an inhabitant of said village in an action to which the village shall be a party.
Sec. 16. In all respects not herein provided for, said village shall be and continue a part of the township of Willmar. Provided, That the village council shall have power to assess a poll tax upon each and every male inhabitant thereof of the age of twenty one and under the age of fifty years, of an amount not to exceed three dollars in each year, which said tax when paid, shall be in lieu of all poll taxes now authorized to be levied by town supervisors for road purposes.