The weekly north Iowa times. [volume] (McGregor, Iowa) 1857-1867, 1858-08-18
WHOLE NO. 81.

purid substances, whether animal or vegetable to be
removed from such lot lots and may for such pur-
poses, from time to time direct that such or lots be
raised, hled up or Drained that such putrid sub
stances be removed from such lot lots by the owner
or owners thereof respectively, in such may
be directed by resolution of the proper authority
any municipal corporation, and shall be the duty
such owner owners, his her their agent attor-
ney after service OF copy of the same resolution or
after a publication Of the same in some Newspaper of
general circulation in such municipal corporation for
two successive weeks, to comply with the direction OF
such resolution within the time therein specified and In
of failure refusal to do So it may be done
the expense Of said municipal corporation, and the
amount of money so expended shall be . debt due to
said municipal cooperation from the OF
said lot lots according to the amount expended BY
him, her or them respectively to be recovered before
justice of the peace or any other court of couetsnt
adoption Of such resolution be lien such lot lots,
which may be enforced If need be, either after with
out previous proceeding at law, by suit in equity in
the district court OF the proper county and like pro-
ceedings may be had herein before directed in rela
ton to the Improvement Of Streets OF as in other
ut law or In equity.
AZ Municipal corporations shall have power to
make and publish from time to time bylaws or ordi-
nances, not inconsistent with the law Of tho State for
carrying into effect dischsrgng the powers and duties
by this act and it is hereby made the duty of
municipal corporations to make aud publish such ordi-
nsnces or bylaws As shall be necessary such
corporation from injuries by fire. thieves robbers bur
glars and all other persons violating the public peace
for the suppression of riots and gambling and indecent
and disorery conduct for the punishment of all lewd
places, and they shall have power to make and publish
such bylaws and ordinances to them shall
sssary and proper to provide for the safety the
health promote the prosperity, andimprove the morals,
order comfort and convenience corporation and
| the inhabitants thereof
: 43. Bylaws and ordinances Of municipal
corporations may be enforced by the imposition
OF fines, forfeitures and penalties, against any
person or persons offending against or violating
| such bylaws or ordinances or any of them, and
fines. tias fort. h.,
scribed in each particular by law or ordinance,
or by general bylaw or ordinance made for
that purpose And municipal corporations shall
have power to provide in like manner for the
prosecution, recovery and collection of such
| fines, penalties and forfeiture.
: A. Fines, penalties and forfeitures which
shall not exceed the sum of twenty dollars, for
any one specified offence or violation Of the
bylaw or ordinance, or double that sum for
each repetition of each offence OF violation or
which shall not exceed the sum of ten dollars
for each day, where thing prohibited Or rem
dered unlawful is in its return continuous in
respect 10 time shall be deemed reasonable
| and proper. But where in any bylaw or ordi-
nance greater fine, penalty or forfeiture is
imposed than as above specified it shall and
may be lawful in any suit or recovery thereof,
| to reduce the same to such amount as shall be
deemed reasonable and proper and to permit a
recovery or enderjudgment accordingly.
45. Fines, penalties and forfeitures may II,
all cases, and in addition to any other mode
provided, be recovered by suit or action before
a justice of the peace, or other court Of compe-
tent jurisdiction in the name of the proper
municipal corporation and for its use, and in
any such suit Or action. Where pleading is
necessary it shall be sufficient to declare gem
orally tor the amount claimed to be due in res.
pect to the violation Of the bylaw or ordinance
referring to its title and the duties of it's adop-
, tion or passage and showing as near as may be
the transaction OF the alleged violation.
40. All suits or prosecutions for the recov-
cry OF any such fines, penalties or forfeitures,
or for the commission of any offence made
punishable by any bylaw or ordinance Of any
municipal corporation as hereinafter provided,
shall be commenced within one year after the
violation of the ordinance or commission of The
oflense and not afterwards.
; AZ. The printed copies Of the bylaws or
| ordinances OF any munici pal corporation pub
lished by its authority, and transcripts of any
bylaws or ordinances. Or of any act or proceed
ing OF any municipel corporation, recorded in
any book or entry on any minutes or journal
kept under the direction Of such municipal cor
portion and certified by its clerk shall be re-
ceived in evidence for any purpose for which
the original ordinances. books, minutes or Jour
mails would be received and with as much effect.
1t should be the duty of the clerk to furnish
such transcripts and he should be entitled to
charge therefore at the rate that the clerk of
the district court is entitled TO charge for tran.
scripts OF records from that court.
OF THE CLASSES OF MUNICIPAL CORPORATIONS.
\ AS In respect TO the exercise of certain
corporate powers and duties OF certain officers.
municipal corporations are and shall be divided
into the classes following Cities of the first
and cities OF the second class and incorporated
towns.
s 40. All cities which, at the last federal CEN
sus, had or now bave population of fifteen
thousand inhabitants shall be deemed cities of
the first class, and all other cities shall be
deemed cities of the second class. All cities
| which at any future federal census, or at any
census which may be taken in pursuance OF the
laws of this State shall have "a population ex-
ceeding fifteen thousand inhabitants. shall also
be deemed cities of the first class, and any in
corporated town, which at any future federal
census or at any census taken under the author.
ity of the State as aforesaid, shall have popu-
lation exceeding two thousand and less than
fifteen thousand shall be deemed a city of the
second class.
s 50. 1t shall be the duty of The Governor.
Auditor and Secretary of State, or any two of
templated by this act has been filed in the office
OF the Secretary OF State, to ascertein what
cities of the second class are entitled TO become
cities of the first class and what incorrora' ed
towns are entitled to become cities of their
proper class. And the Governor shall cause a
Statement thereof to be prepared by the Secre
tary OF State, which statement he shall cause
to be published in some newspaper published
in tho city of Des Moines, and also in some
newspaper printed in each of the cities and in
corporated towns, the grade of which shall
have been so advanced, and copy of said state
ment shall also be transmitted by the Secretary
of State TO the mkt General Assembly, and
any such city or Incorporated town shall, at the
next regular annual period for the election of
municipal officers, proceed to organize accord
ing to its new grade, by the election of officers
properly belonging thereto, and on their election
and qualification the term Of service of any for
mer officer shall expire.
s5l. So soon as the statement shall be pub
lished as above provided, shown ing that any city
or Incorporated town will be entitled at the
next regular annual period for the election Of
municipal officers to be organized into a city Of
the first or second class as the cass may be, it
shall and may be lawful for the proper corpo-
rate authority of such city or incorporated
town, to make and publish such BYLAWS or or
dinances MS may be necessary to perfect such
organization, in respect to the election, duties
and compensation Of officers or otherwise.
OF INCORPORATED TOWNS.
50. The corporate authority ofincorporated
towns organized or to be organized for general
purposes shall be vested in one mayor, one re-
corder and five trustees who shall be qualified
electors, residing within the limits Of the cor
rora,ion, and shall hold their offices for one
year and until their successors are elected and
qualified, and such mayor, recorder and trus-
tees shall constitute the council Of the incorpo-
rated town, any five of whom shall be quorum
for the transaction of business.
50. The mayor, or in case of his absence
the recorder, shall preside at all meetings OF
the council, the reeoder shall also be and act as
clerk Of the corporation and shall attend all
,,aatnps of tho couucl and mako n fair and