Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1883-05-30


side; and may order any sidewalk gutter pre-
viously built to be put in repairs, whom necessary
without petition. For the purpose of so improving
any street or building preparing any sidewalk or
gutter the village council may levy and cause to be
collected upon the lots tracts parcels of ground
on such street part of street improved, the
side TIL reof, whore only such sidewalk gutter is
to he built, and upon the owners thereof, tax
sufficient to pay the expense of constructing such
| Improvement as ordered opposite such property
to the center of the street, or such proportion
thereof, not less than one halt. as they shall deem
| justly assesssbe to such property, II they shall
| think the whole ought not to be so assessed, in
| which case the remainder shall be paid from the
village treasury Every such tax for repair shall be
Cor the entire cost of repairs IN front of the prop
erty assessed. II any tax levied under this Sec
ton shall prove insufficient to pay the cost pro-
portion thereof assessed to such property the vii
lage council may levy additional tax thereon to
make good such deficiency.
| Sec 81. Whenever the council shall levy any
such tax as specified in the preceding section, they
shall make out and deliver to a street commissioner
| of such village a list of the persons and descrip
ton of the property taxed together with warrant
for the collection and expenditure of said tax, and
thereupon the street commissioner shall notify the
persons named in such tax list by publishing no.
tce two weeks in some newspaper published in said
village If there be oue by posting up notices in
three or more public places in such village, and
| shall specify il such notice time times,
| not less than twenty days nor moro than
forty days from the date thereof, when the persons
charged with in such list may pay their taxes
in labor, materials or money; and the persons
charged with such tax may, at such time and place
as may be required by the said street commissioner,
pay their taxes in labor or materials; provided the
labor ard materials offered in payment of such
taxes such lay be required by the said street
commissioner, and done and furnished to his salts
faction. The street commissioner shall be provided
| with book memorandum by the village
corder in which he shall keep an accurate account
! OF all moneys coming into his hands by virtue of
| his office; tee amount received and dishurSed by
! him: the name of every person from whom money
or labor is due; the amount paid in money or labor,
and a correct account of all expenditures by him
10 sire ISSiNr he
tanning the account kept shall, at all times when
required be furnished for the inspection of the VIII
! lage council and ten days before the expiration
of his of Office shall be handed to the village
recorder to be filed in his Office for the inspection
| OF the taxpayers in his district.
| Sec. 81. At the expiration of forty days from
! the date of said notice given by tue said street
| commissioner. he shall MAKE out and deliver to the
recorder Of such village certified list of the lots,
| pieces, or tracts Of lands in said village upon
| which any such tax remains unpaid. with the
| amount OF such delinquent tax upon each Of said
lots parcels of land; and at any time before the
| first day of September any party liable may pay
| any such tax to the village recorder, VINO shall
! thereupon pay the over to the village treas
| urer, taking his recent therefor. Aud such re-
corder the first DAY OF September, within five
days thereafter, if any such tax remains unpaid.
| shall certify copy Of such delinquent taxes to the
SHALL upon the receipt OF said statement ana list,
| enter and carry out the same upon
the proper tax lists and they shall be collected the
| same as other taxes are collected, and, when
| collected paid the same to the village treas
urer. Every county treasurer who shall collect or
receive any moneys on account OF such delinquent
taxes shall pay the to the treasurer OF the
proper village and take duplicate receipts therefor,
and file one OF said receipts with the recorder OF
said village.
| Sec So No part of the streets or highways of
any village shall be in any road district established
! By the town board, nor be under the control Of
town officers Nor shall the town be liable for any
damages occasioned bv any insutficancy want Of
repair thereof; ana all bridges in such village shall
he built, maintained and repaired by the village in
! which the same are situated. No oVerseers of
highways shall be elected in or for any such village,
but the poll tax shall be collected hereinafter
! provided, and the streets, highways, and public
| places governed by the village council and officers
! Of their appointment.
! Sec 81 The village council shall, on or before
the fifteenth day of August in each year, by resou
tCn, TO he entered of record determine the amount
Of corporation taxes to be levied and assessed on
the taxable property in such village FOR the current
year, which shall not exceed in any one year two
per centum Of the assessed valuation of such prop
! erty Before levyiug any tax tor any specific pur
pose the board may, in their discretion submit the
question of leyyng the same to the village electors,
Al any special or general election, and in such man
ner they may prescribe; when SO submitted they
! shall be bound by the vote thereon. On or before
the first day of September in each year. the village
recorder shall deliver to the county auditor copy
Of all such solutions certified under his hand and
the corporate seal OF such village, and such auditor
Shall enter such taxes upon the tax books in the
manner as he IS required to do IN leyying town
! taxes.
PROSECUTION FOR VIOLATION OF ORDINANCES.
| Sec. So All prosecutions for violating any Of she
ordinances rules or bylaws enacted under the pro-
visions OF this act shall be brought in the corporate
name OF said village, and shall be commenced by
! warrant, upon complaint being made as required
| by law in criminal cases before justices of the
| peace: and the same proceedings shall be had
/ therein required to be had by the laws q
this State in criminal OF civil actions before justices
| of the peace, Provided, that warrant hhall be
necessary in any of the arrest of the person
persons while in the act Of violating any law of the
State Of Minnesota ordinance Of said village; but
+clta ho hinh fhn
Justice shall reduce to writing, and the party be
CURED to plead thereto, to warrant in other
and the person or persons so arrested may be pro-
Ceeded against IN the same manner as II the arrest
had been made by warrant. All processes issued by
| the justice of the peace OF said village shall be
directed to any constable of said village county,
It shall be sufficient pleading of the bylaws or
! ordinances OF said village to refer to the chapter
and section thereof, which are hereby declared to
have all the force and effect of general laws within
the jurisdiction of said village and it shall not be
necessary to read give them in evidence upon the
trial OF any proceeding action, criminal or CIVIL
Sec. SO. Judgment shall be given.
If for the plaintiff for the amount Of nne, penalty
forfeiture fixed by such ordinance. resolution or
| bylaw, such part thereof, if a discretion be
| given the court shall deem proportionate to the
oense, together with the costs OF suit and shall IN
all further aduge and order that in default of
payment thereof the defendant be committed to
| the common jail of such county for such time not
exceeding ninety days the court shall think 1T.
If such payment be not forthwith made the justice
| shall make out commitment stating the amount
of judgment and costs and the time for which COM
mitted, and in the usual form OF commitments by
! justices of the peace. Every person committed
! shall DO received and committed to prison by the
keeper of the county Jail, and kept at the expense
of the county until the expiration of the time; but
he shall be released by order Of the justice pay
to him of such fine and costs OF by due course
| OF law.
| Sec 81. Appeal may be taken to the district
| court in the same manner as from judgments IN
civil actions by justices of the peace, except that If
taken by the defendant, he shall, part thereof,
execute bond to the village with surety to De ap-
proved by such justice, conditioned that II Judg-
ment be affirmed in whole or in part. ne WI pay
the and all costs and damages awarded against
| him on such appeal; and in case such judgment
shall be affirmed in whole or IN part execution may
| issue against both defendant and his surety Upon
perfection of such appeal the defendant snail Do
| Sec SO. All es, forfetures and penalties re-
covered for the violation of any ordinance. rule
regulation, resoluti on or bylaw Of any such vii
| age and all moneys paid for licenses and permits
shall be paid into, the village treas mSo
| justices of the peace snail report and
pay into the treasury, quarterly, all moneys COL
lected by them belonging to such village; which re-
ports shall be verified by affidavit and filed in the
office of the treasurer: and such justice shall be en-
titled to duplicate receipts for such moneys, one OF
which such Justice shall take and file with the VII
| lage recorder.
| Sec 80. Whenever final Judgment shall be OBJ
tanned against any village, tho judgment creditor,
his assignee attorney, may HE with tho village
recorder certified transcript of such judgment, or
OF the docket thereof, together with his affidavit,
showing the amount due thereon and all payments,
if any, and that the judgment has not been appealed
from removed to another court, or if so appealed
| or removed, has been affirmed; and thereupon the
village council shall! assess the amount thereof with
interest from date of it's rendition to the time when
the shall be paid near as may be, upon the
taxable property of such village, and the village
corder shall return and certify the amount of such
tax to the county auditor to be collected the same
az other taxes levied upon said village.
FINES-HOW DISPOSED OF.
Ser 40 Ali fines and penalties imposed under