The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1885-03-26

with the amount Of such delinquent tar upon
time before the first lst) day Of September any
party liable may pay any such tax to the VILLAGE
recorder, who shall thereupon pay the same over
for. And such recorder on the first il ST. day Of
September, or within five % days thereafter. II
any such tax remains unpaid, shall certify .
auditor OF his county, and the said auditor SHALL
upon the receipt of said statement and list
enter ,: ana carry out the same upon the proper
tax lists. and they shall be collected the same as
! other taxes are collected, and when collected,
pay over the same TO the village treasurer Every
county treasurer who shall collect receive any
moneys ON account OF such delinquent taxes
shall nay the same TO the treasurer OF the proper
village and take duplicate receipts therefor and
nile 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
tao!lshed by the town board, nor be under the
control OF town officers. Nor shall the town be
liable Tor any damages OccasOned by any in
| eu11ciency or want OF reDair thereof: and all
and reuaired by the village in which the same
are situated. No 0verseers of highways shall he
elected IN or for any such village, but the poll
| tax shall be collected hereinafter provided,
and shall be expended. and the streets, highways
| and public places governed by the village coun-
Gil and officers OF their appointm mt
SEC. 81. The village council shall, on or be-
fore the fifteenth Q5.h) day of August in each
year by resolution, to be entered of record, de-
tc,mine the amount of corporation taxes to he
| levied and assessed On the taxable property in
SUCH village for the current year. which shall not
exceed in any one Oh year two (2) per contum OF
the assessed valua, ion OF such property. Before
board may, in their discretion, submit The ques-
| tion OF levyng the same 10 the village electors,
at any special or general election, and in such
United they shall be bound bv the ' veto [yotel
thereon. On or before the first (lst) day Of Sep
TENDER. in each year, the village recorder shall
foSiv f<>< 10n
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 he is required TO do in levying
| town taxes.
SEC IS. All prosecutions for violating any Of
the ordinances, rules, or bylaws enacted under
brought in the corporate name Of SAID viii
lage, 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 as are
| required to be had by the laws OF this State in
! criminal Or civil actions before justices OF the
cssary in any case Of the arrest of the person or
| persons while In the act Of violating; any law
OF the State OF Minnesota, or ordinance OF said
| village; but in such cases a complaint shall be
| made, which the justice shall reduce to writing,
and the party be required to plead thereto, rs to
warrant in other cases; and the person or per-
sons 80 arrested may be proceeded against in the
| same manner as II the arrest had been made by
warrant. All processes issued by the justice of
|
any constable of said village or county. 1t shall
| be sufficient pleading OF the bylaws or Or
| dinances OF said village to refer to the chapter
| ana 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 or give. them in
| evidence upon the trial of any proceeding or &C
! ton, criminal or civil.
| Sec. 3G. Judgment shall be given, If for the
plaintiff, for the amount OF fine. penalty or for
fixture fixed by such ordinance resolution or by-
law, such part thereof, ii discretion be given
as the court shall deem proportionate to the
offensc, together with the costs OF suit; and shall
! faul1 of payment thereof the defendant be COM
mitted to the common Jail OF such county for such
time not exceeding ninety 900 days as the court
| shall think hit. Ii such payment be not forth
with made the justice shall make out a commit
! ment stating the amount of Judgment and costs
| and the time for which committed, and in the
! usual form of commitments by justices OF the
! peace Every person SO committed shall be re-
ceived 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 snail be released by order of the justice on
payment to him OF such fine and costs or 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
II taken by the a,.endant, he shall. as part
thereof, execute bond to the village with surety
to be approved by such justice, conditioned, that
If judgment be affirmed in whole or III part he will
pay tlie same and al 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 shall be discharged from custody.
| SEC. 80. All fines, forfeiJures and penalties
recovered for the violation of any ordinance,
rule regulation, resolution or bylaw of any such
village, and all moneys paid for licenses and per-
1nits shall be paid into the village treasury tor
the use OF such village. The justices Of the
Quarterly, all moneys collected by them. belong
| ing to such village: which reports shall be ver-
! fed by affidavit. and filed in the Office OF the
treasurer; and such justice shall be entitled to
duplicate receipts for such moneys, of which
such Justice shall take and file with the village
recorder.
SEC 80. Whenever final Judgment shall he
obtained against any village, the judgment cred
1tor his assignee or attorney, may file with the
! 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 or removed to an
other court, or II so appealed or removed, has
been affirmed; and thereupon the village council
shall assess the amount thereof, with interest
! from date Of its rendition to the time when the
taxable property OF such village, and the village
recorder shall return and certify the amount Of
the same "a other taxes levied upon said village.
SEC 40 All fines and penalties imposed under
or by virtue OF the provisions OF this act, shall
to pay the expenses incurred under the provis-
! ions Of its charter.
! SEC. H. The Justice of the peace and con-
| stables Of said village shall have and may OK
ercise in addition to the powers and authority
herein specifically granted to such officers. all
the powers, authority and jurisdiction in any
case possessed by justices Of the peace or con-
stable elected in the county or counties in which
such village is situated. The village justices
and constables shall make tho same oath Of office,
and execute. before entering upon the discharge
OF their duties as s1ch officers the same bond as
township justices Of the peace and constables,
| and file their bonds with the same officers as
10 Sfn1, otoI al
! where in the State are now or hereafter may be
required to do, and shall receive the same fees
constables elected elsewhere in the State, are
allowed under the General Statutes Of the State,
now or hereafter in force; and in all cases where
village is situated in more than one county, the
Justice Of the peace and constable OF such vii
!age shall have and possess all the powers and
jurisdiction conferred by this act in each Of the
shall file their bonds in each Of said counties.
SEC ~ Should vacancy occur in any Of tho
offices other than justices of the peace provided
for in this act, the village council the remain
Ing members thereof. may fill the same by ap-
| pointment.
SEC AZ. The village so organized shall con-
etltute one ID road district, and the street
missioner or roadlnaster thereof be appointed by
! the village council, and all taxes raised within
the limits OF said village for road purposes shall
bo expended under the direction Of the village
council.
| Sec A. The village council shall constitute
a. board OF auditors for the purpose Of auditing
all accounts payable by said village. Said board
| shall draw up a report. stating in detail the
items of accounts audited and allowed, the ma
! ture OF each account. and the name OF the per-
| son to whom the account was allowed, and also
including a detailed statement Of the financial
| concerns Such report shall be filed with the
| recorder. and copy thereof shall be posted at
! the time and place Of holding the annual cleo
| tion, or published in newspaper Of general cir
! culation in said village. two (2) weeks before
| such election.
| Sec 45. The legal voters OF said village may
| At anv annual or special meeting, authorize the
village to levy q tax for any legitimate object,