The Montana post. [volume] (Virginia City, Montana Territory [i.e. Mont.]) 1864-1869, 1865-02-11

| ~SA SuiAuS Tue pedSe An0 eatetv of the ifv
or In carrying into effect any law or ordinsnc. ona
any person who shall not obey such caIl shall
liars. 1924 - '"s"Ss uoH
l. ee.-He shall have power whenever he shah deem
necessary 70 require of any of the officers of said
city an exhibit OF his books and papers.
6.-He shall also have power to execute NJ, ,c,,
tnat may be required of him by any ordinance
made In pursuance of this act. l'E'
2'.-he shall also have such power as NAV
De vested In him BY ordinances of the city, in and
over an PAGES within five t5) miles of the bounda.
thereof. NAN ies uAa'ions
s-He shall receive for his services outs;ds ~
sae city such compensation as shall be fixed by or.
S9.-In case the mayor shall Mt apy t;ms b.
guilty of palpable omissson of duty OF shall r;,
1ully and corruptly be guilty of oppression. NAL
conduce or partalty in the discharge of tho dntio
OF his oce, he shall be liable to be indicted in tbs
district court of the proper county, and on convic
sion, ne snail De hned not more than FIVE hundred
dollars, and the court shall have the power on ths
accommodation of the jury, to add to tbs ;udg-
ment OF the court that he be removed from oifica'
ARTICLE VII.-OF PROCEEDINGS IN sprc,A,
CASES.
Sl.-When it shall be necessary to take nrivoto
property for opening, widening or altering any pub
I""e' avenue Ut alley, the corporation
snail make just compensation to the person who's.
property Is so taken, and when the amount of sncb
compensation cannot be agreed upon the navor
snai cause the same to be asc ,rtained BY iury of
SIX dlslnteretsd persons, free holders In che city,
z.-~hen the owners of all the property in a
street. lane, avenue or alley propos ed to be opened
Widened or altered, shall petition therefor the city
council may open, widen, or alter such ctr ,et Lane
avenue or alley upon condition to be presc ibed by
o'uihance, outno compess ition, SHALL in such Gaze
oe made to those whose property, shall be taken
tne tenants or Others, nor shall the be an a. ssss
to any of the petitioneJs.
All Jurors einpaDelled to enquire into the
amount of benefit or damages which sail bann.n 70
the owners OF property proposed to be taken for
opening widening or altering any street, lane, nv
enue or alley shall rst he sworn TO that ef.ct and
and signed by the jurors.
g4'-ln ascertalnikg g the amount of compensation
Tor property taken as SOresad the iury shul take
into consideration the benefit as we'll as tie 1pri a
happening by opening. widening or altering such
street, lane, avenue or allay.
& 5.-The mayor shall have power. for good conso
SHOWN, within two days after the inquest Shall nave
oeen returned to him aforesaid, to set the sane
aside, and cause a new inquest to be made.
e o.-Ihe city council shall have power by or
TO levy ana collect a special tax on the
holders OF lots In any street. lane avenue or alley
according to their respective fronts for tn. purno
OF having grading, or plankipg sidewalks and
lighting such streets, lane, avenue or alley pro-
vlded said tax shall not exceed the actual costs of
SAID and lighting respectively which tax
taxes. SA'v
AhilCLE VllI.-MIscELLAsEous Provisions.
sl.-The city council shall have power for the
purpose of keeping the streets, lanes ave:ues and
aIieys, In repair to require every able-bodi.d male
Ifvn
years to labor said streets lanes avenues and al
ieys not exceeding one dHy in each and every wear.
ana every person failing perform such labor when
duly notified by the street commissioner, shall for
les ana pay ten dollars for said day SO neglected
S2.-The members of the city council and fire.
men, shall during their term of services as such. h.
exempt from working out any road or street tax:
ana snail likewise be exempt from serving on jures
and In the militia of the territory.
2 5.-lhe city council shall have power to pre-
vide for the punishment of offenders by imprison-
nent in all cases where such offenders shall lair Or
refuse to pay the fines and forfeitures which NAV ba
against them.
ALI fines and forfeitures collected for Of
ehc,s committed, Or penalties incurred within the
Incorporated limits of the city of Virginia. shall be
paid into the treasury of s city by the oic.r cvl
Letting the sams.
e5.-The city council shall cause to Tbe published
annually, tull and complete statement of ali
moneys received and expended by the CORPORATION
iuilng the preceding year, and on what account re-
received and expended.
& 6.-All suits, actions and prosecutions nstitut
I'd, commenced o, brought by the corporation here
~ created, shall be prosecuted In the name of the
hty of Virginia.
&7.-Appeak shall be allowed from deeisions in
LII cases alslng under the provisions of this act or
my ordinance passed in pursuance thereof, to the
ilstlct court and every such appeal shall be granted
II the anne manner and with uk oafa, |
ire taken ON and granted by justices OF the peace
lnder the laws of the tenitory
o.-Whenever the mayor shall absent himself
rom the city, or sign, or die or his Office shall
otherwise be vacated, the board of aldermen shall
immediately proceed to elect one of their number
'resldent, who shall be mayor pro tenn. until the
he ohcs shall be filled by election, as herein p,o
ided. F''
9.-This act is hereby declared to be public act
nd may be read In evidence in all courts OF law and
quity within this Territory without pioof.
l0.-Ihe city marshal aDJ the consts bic within
aid city OF Virginia, shall be authorized and h.y.
ower TO execute anywhere within the limits of the
ounty wherein SAID city may be locatel all pro-
ess Issued by the polc magistrate, of said CITY or
ther magistrate within said city, and tho said mar
mai snail have power to do all the acts that con-
table may lawfully do, and shall receive the same
ees that are allowed to eonstables in similar cases
nd shall! give bond as constables are required by
aw to give.
H.-All actions brought to recover any penalty ,
forfeiture under this act, or any o,ulnupcs. .
y-law or police regulation made in pursuance !!
hereof shall be brought in the corporate name, and
shall be lawful to declare generally debt for I
lch penalty, fine or ioIfeture Stating the clause Of
ais aet or the bylaw, ordinance under which the
anaity or forfeiture is claimed, and tC give the
peclal matter in evidence under it. I
l2..-In all prosecutions for any violation of |
ny ordinance, bylaw ether regulations, the 6rst
recess shall be by summons, unless oath or sfHm.
tion shall De made fer warrant Us in other cases
3 l3.--Executions may issue Immediately upon q
'nditlon OF judgment, aud if the defendant has no
oods or chatteis, or real tate within the county
hereof the Judgment can be collected, sbe ofiesr
'ndeilng such judgment may require the defendant
be confined III Jail for nos excsetling shree
onths, and al persons so committed shall be con- c
ned one day Tor each five dollars OF such judgment
nd costs.
24--The police magistrate shall have ejursdiction
all Courts OF all violation of the city erluapcas
nd shall have the jurisdiction In all civil and
ninsi procseaings as Is or shall hereafter be
'nfeTTeu upon other justices of the peace of this
errltoly, aud in oil she courts of this reuito,v.
I'D pohcs magistrate shall lie held to be iustics
the peace, but no change of venue shall be al. |