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SEC. 17. The corporation is invested with all powers to carry into full force and effect all and every part of this act and to carry into execution the same; shall have power to pass and ordain all and every ordinance necessary to carry out fully the' meaning and intent thereof.
Sec. 18. The officers of said village shall be A. B. Robbins, president; J. W. Burdick and C. W. Moore, aldermen for first ward; T. S. Shedd and C. C. Spottswood, aldermen for second ward; John Moore and A. B. Hanscom, aldurmen for third ward; John H. Brown, village attorney; A. N. Lewis, village treasurer; A. F. Nordin, village recorder; H. H. Johnson, village marshal; R. M. Johnson, justice of the peace, who shall immediately qualify and enter upon their duties of their respective offices, and hold said offices until the first Tuesday in April, 1874, and until their suc. cessors are elected and qualified.
Sec. 19. This act shall take effect and be in force from and after its passage.
Approved January 16, 1874.
AN ACT TO INCORPORATE THE VILLAGE OF CANNON FALLS.
Be it enacted by the Legislature of the State of Minnesota:
SECTION 1. That all the territory embraced in the following boundaries, to-wit: All of section eighteen and the south half of section seven, in township number one hundred and twelve north, of range number seventeen west, shall be known as the village of Cannon Falls, and shall have the powers generally possessed by municipal corporations at common law, and in addition thereto shall possess the powers hereinafter specially granted; and be capable of contracting and be contracted with, suing and being sued, pleading and being impleaded in all courts of law and equity, and may have a common seal, and may change and alter the same at pleasure, and also take, hold, purchase, lease and convey such real and personal estate within or without the limits thereof as the purposes of the village may require.
Sec. 2. The elective officers of said corporation shall be one
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president, one recorder, three councillors, one treasurer, one justice of the peace and one constable, and shall each, except the justice of the peace and councillors, hold their respective offices for the term of one year and until their successors are elected and qualified. The justice of the peace shall hold his office for the term of two years and until his successor shall be elected and qualified. The councillors shall each hold their respective offices for the term of three years and until their successors shall be elected and qualified. Provided, That at the first election under the provisions of this act, one councillor shall be elected to serve for the term of one year, one councillor shall be elected to serve for two years, and one councillor shall be elected to serve for three years, and there shall be elected one councillor at each annual election thereafter to serve for three years, as hereinbefore provided. In addition to the above mentioned officers, the common council shall have the power to appoint and define the duties of such other officers as the said common council may deem necessary. Provided, That when a member of the common council holds any appointed office, he shall not vote upon any question involving his action as such appointed officer.
Sec. 3. Each officer, before entering upon the duties of his office, and within ten days after receiving notice of his election, shall give notice in writing of his acceptance of the same, to the recorder of said village, and shall take and subscribe before some officer by law authorized to administer oaths, an oath of office, to support the constitution of the United States, the constitution of the state of Minnesota, and that he will faithfully perform the duties of his office in accordance with the law and the ordinances of said village. And in addition thereto, the treasurer, recorder, justice of the peace and constable shall each give bond in the sum of not less than two hundred dollars, to be determined by said council, conditioned for the faithful performance of the duties of their respective offices, which bond shall be filed with the recorder of said viliage.
Sec. 4. No elective officer shall receive compensation except the recorder, constable and justice of the peace, and in all cases compensation shall be fixed by the by-laws, except the justice of the peace, which is fixed by statute law.
Sec. 5. That the president, recorder and councillors shall constitute the common council, to which body shall belong all the legislative powers granted by this act to said corporation. All actions of the council intended to have the force of rules, or law, or authority for contract, shall be by ordinance under the style of “. Be it ordained by the common council of the village of Cannon Falls," but no ordinance shall embrace more than one subject, which shall be expressed by its title. The common council shall meet for the transaction of business at least once in three months, and a majority thereof shall be a quorum for the transaction of any business. The president, when present, shall preside at all meetings of the common council; but in case of his absence, the members present shall choose one of their number to preside during his absence, but no ordinance shall be passed except by a majority of all the members of the common council. A record, in book form, shall be kept by the recorder in which he shall record all the proceedings of the common council, and ayes and noes on every ordinance voted upon shall be entered therein.
Sec. 6. That to the president shall belong the executive powers granted by this act to said corporation, except such of said powers as are especially vested in, or must, from their nature necessarily pertain to the other executive officers of said corporation, and whether said officers are created by this act or by the common council. He shall have power and it shall be his duty to call out and use in such manner as may seem most proper, all constabulary or police of said corporation, when he may deem it necessary to quiet or prevent riot. He shall have the power to call a meeting of the council by giving such notice thereof as may have been provided by ordinance, or in default of such provision, in such manner as he may deem meet and proper.
Sec. 7. That the recorder shall be the recording officer of the village, and of the common council. He shall have the custody of the sea! of said corporation, and all the records thereof not necessarily and specially [specifically] appertaining to the other officers thereof. He shall receive all moneys payable to said corporation, except as hereinafter provided, and shall immediately pay the same over to the treasurer, charging him therewith, and taking his receipt therefor. He shall keep all the accounts of the corporation, receive all claims against the same, and draw orders upon the treasurer for moneys payable by said corporation, but no such order shall even [ever] be drawn by said recorder, unless the same shall be in full or part payment of a claim against said corporation, previously audited and allowed by the common council. He shall also make to the common council at the close of each official year, a condensed report of all his doings as such officer during such year, which report shall be published in such manner and to such extent as may be provided by ordinance, and he shall with all reasonable dispatch make such other reports, and at such times as the common council may require.
SEC. 8. That the treasurer shall be the depository of all moneys belonging to said corporation. He shall from such moneys pay upon presentation, all orders therefor, drawn by the recorder and countersigned by the president; Provided, That no order shall be paid by him unless first endorsed in writing thereon, with the name of the payee thereon and the party receiving the money therefor.
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Sec. 9. The justice of the peace provided for and elected under the provisions of this act, shall have and possess all the powers and jurisdiction of justices of the peace provided and elected under the general laws of the state, and in addition thereto, shall have cognizance and jurisdiction of all suits, prosecutions or proceedings for the recovery of any fine, forteiture or penalty, under any by-law, ordinance or regulation of said corporation, or under this act, or for any breach or violation of any such by-law, ordinance or regulation, and in all cases of assaults, batteries and affrays not indictable, and for a breach or violation of any by-law, ordinance or regulation, suit shall be commenced in the name of the village of Cannon Falls, and the same proceeding shall be had in all civil and criminal suits or prosecutions, before said justice when not otherwise herein directed, as are established and required to be had in civil and criminal actions by the general laws of the state before justices of the peace, except that no change of venue shall be taken. All fines, forfeitures and penalties imposed by, or recovered before said justice of the peace in any suit, prosecution or proceeding had and commenced in the name of said village, shall be promptly paid by said justice of the peace to the recorder of said corporation, for the use thereof. The justice of the peace shall take judicial notice of the by. laws, ordiDances and regulations of said corporation, and it shall not be necessary in any action, civil or criminal, before said justice, to plead or refer to the same in any manner whatever, in any pleading or complaint, but raid by-laws, ordinances and regulations shall in said justice court be held and deemed to be public law. The justice of the peace shall at least once in three months make to the common council a full report of all moneys received by him for fines, forfeitures and penalties, and shall pay them into the hands of the recorder, taking his receipt therefor. Any justice of the peace elected or appointed in the village of Cannon Falls under the general laws of the state and residing within the limits of the corporation, upon filing the bond and oath of office hereinbefore prescribed for the justices of the peace, shall have concurrent jurisdiction with the justice of the peace elected under the provisions of this act, and be subject to the same liabilities and restrictions. In case of prosecutions for a breach or violation of an ordinance, by-law or regulation of said corporation, or of this act, or for any assault, battery or affray, not indictable, coinmitted within the limits of said corporation, no appeal shall be allowed when the judgment or fine imposed, exclusive of costs, is less than ten dollars. The fees of the justice of the peace shall be the same as allowed and fixed by the general laws of the state for justices of the peace. All warrants, writs and processes of every nature, issued by such justice, shall be directed to the sheriff or any constable of the county of Goodhue, and may be executed or served by the constable elected under the provisions of this act, or by the sheriff or any constable of said county, and for such purpose said sheriff and constables shall have and possess the power and authority which by the general laws of the state they have and possess in the execution or service of warrants, writs and other processes issued by justices of the peace elected under such general laws.
Sec. 10. The constable elected under the provisions of this act, shall be the ministerial officer of the council, and sball have and possess all the powers belonging to the constables elected under the general laws of the state, and his compensation, except as in this act is otherwise provided, shall be fixed by ordinance of the council; and said co'stable shall within the county in which he resides, also have and exercise all the powers, and perform all the duties of, and when acting as such, receive the same compensation as constables elected under the general laws of the state. He shall also be chief of the police force of said village, but as such shall be subordinate to the president.
SEC. 11. There shall be an annual election for elective officers herein provided for, on the first Monday in April in each and every year, and the polls shall be kept open from ten o'clock in the forenoon until four in the afternoon, and ten days previous notice shall be given by the common council of the time and place of holding such election and the officers to be elected, by posting notices thereof in three of the most public places in the village. At the said election the councillors or any two of them, shall act as judges of election, and the recorder as clerk of election, and in case of inability or non-attendance of any of said officers, the vacancies shall be filled by an appointment made by those officers present. At the close of the polls the votes shall be counted, and a true statement thereof proclaimed to the voters present by one of the judges, and the recorder shall make a true record thereof, and within five days thereafter, be shall give notice in writing to the persons so elected of their election. The first election under the provisions of this act shall be held on the first Monday in April, A. D. one thousand eight hundred and seventy-four, and shall be conducted by George West, W. P. Tanner and Charles Parks, with power of appointment and substitution in case of absence.
SEC. 12. Whenever a vacancy shall occur in any elective office, such vacancy shall be filled by a new election, which shall be ordered by the common council, and notice of the time and place of holding such election shall be given as hereinbefore provided for other elections. Any person elected to fill a vacancy shall hold the office and discharge the duties thereof for the unexpired term.