Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-03-19

side; and may order any sidewalk or gutter pre-
viouslv built to be put in repairs, when necessary.
without petition. For the purpose OF so improving
any street or building, orrepairng any sidewalk
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 on the
side the reof where only such sidewalk or gutter is
to be 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-half, as they shall deem
justly assessable TO such property, if 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. If any tax levied under this sec
ton shall prove insufficient to pay the cost pro-
portion thereof assessed to such property, the viii
lage council may levy an 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 street commissioner
of such village list of the persons and descrlD-
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 one, or by posting notices in
three or moro public places in such village, and
shall specify in such notice a time or times,
not less than twenty days nor moro than
forty days from the date thereof, when the persons
charged with taxes 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 blythe said street commissioner,
pay their taxes in labor or materials; provided, the
labor and materials offered in payment of such
taxes such may be required by the said street
commissioner, and done and furnished to his salts
faction. The street commissioner shall be provided
with book or memorandum by the village
corder, in which he shall keep accurate account
of all moneys coming into his hands by virtue of
his office; the amount received and discussed 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
made as street commissioner. The book con-
tanning the account so kept SHALL at all times when
required, be furnished for the inspection of the viii
lage council ard ten days before the expiration
of his term 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. 30. At the expiration of forty days from
the date of said notice given by the said street
commissioner he shall make out and deliver 10 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, who shall
thereupon pay the same over to the village treas
urer, taking his receipt therefor. Aud such
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
county auditor of his county, and the said auditor
shall, upon the receipt of said statement and 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 over 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 same 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. 33. 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
damages occasiored bv any iusufncency or want of
repair thereof and all bridges in such village shall
be 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 as 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 Augustin each year, by resolu
ton, to be entered of record, determine the amount
of corporation taxes to be levied and assessed on
the taxable property in such village for the
year, which shall not exceed in any one year two
per centum of the assessed valuation of such prop
erty. Before levying any tax for any specific pur-
the board may, in their discretion, submit the
question of evying the to the village electors,
at any special or general election and in such man
| ner as they may prescribe; when so submitted they
| shall be bound by the vote thereon. On before
the first day of September in each year. the village
recorder shall deliver to the county auditor a copy
of all such resolutions, certified under his hand and
the corporate seal of such village and such auditor
| shall enter such taxes upon the tax books in the
same manner as be required to do IN levynR town
! taxes.
PROSECUTION FOR VIOLATION OF ORDINANCES.
Sec. 80. All prosecutions for violating any Of the
ordinances, rules 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 tho
peace; and the same proceedings shall be had
| therein required to be had by the laws of
this State in criminal civil actions before justices
! of the peace, Provided, that warrant shall be
necessary in any of the arrest of the person
persons while in the act of violating any law of the
| State of Minnesota or ordinance of said village; but
in such cases complaint shall be made, which the
Justice shall reduce to writing. and the party be
QuiTed to plead thereto, to warrant in other
and the person or persons so arrested may be pro-
ceeded against in the same manner if the arrest
had been made by warrant. All processesi issued by
the justice of the peace of said village shall be
directed to any constable of said village county.
1t shall be a sufficient pleading of the bylaws OF
ordinances of said village to refer to the chapter
| and section thereof, which hereby declared to
have all the force and effect of general laws within
the jurisdiction of said village and it shall be
necessary to read or give them in evidence upon the
trial OF any proceeding or action, criminal or civil,
| Sec So. Judgment shall he given
if for the plaintiff, for the amount OF me, penalty
or forfeiture fixed by such ordinance resolution
| bylaw, or such part thereof, if discretion be
given as the court shall deem proportonate to the
oense, together with the costs of suit; and shall il
all cases further adjuge and order that in default
| payment thereof the defendant be committed tC
the common Jail of such county for such time MOI
exceeding ninety days as the court shall think fit
| 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 be received ana committed to prison by thu
keeper of the county jail, and kept at the expense
of the county until the expiration of the time; bu
he snail be released by order of the justice on pay
ment to him of such fine and costs Oh by due course
Of law.
Sec. 81. Appeal may be taken to the district
court in the same manner from judgments il
civil actions by justices of the peace, except that i
taken by the defendant he shall, as Dart thereof
execute bond 10 the village with surety TO be ap-
proved by such justice, conditioned that if judg.
ment be affirmed ia whole in part. he will pay
him such appeal; and in case such judgmen
shall be affirmed in whole or in part execution ma!
issue against both defendant and his surety UDoi
perfection of such appeal, the defendant shall b.
discharged fr.. custody.
| Sec. 50. All IS, forfetures and penalties re-
| covered for the violation of any ordinance. rul
regulation, resoiuti on or bylaw of any such vii
lage, and all moneys paid for licenses and permits
snail be paid into the village treas
ury for the use of such village. Th
justices of the peace snail report ant
! pay into the treasury, quarterly, all moneys col
| lected by them belonging to such village: which re
ports shall be verified by affidavit and fled in III
Office of the treasurer; and such justice shall be
titled to duplicate receipts for such moneys,
which such Justice shall take and file with the vii
lage recorder.
Sec So Whenever final judgment shall be oh
tanned against any village, the judgment creditor