ages, if any, sustained by property abutting on such improvements, from which appraisal of damages the owner shall have the right of appeal to the district court, as now provided by law in similar cases. The proceedings for ascertaining any such damages shall be the same as provided for in case of the change of grade of streets. And said damages shall be paid by the city, as provided in section two and three of this act. 2720. The mayor and council of any such city shall have the power to pass any and all ordinances, not in conflict with this act, that may be necessary or proper for the construction, maintenance and protection of the works herein provided for. III. CITIES OF SECOND CLASS. A. 5,000 To 25,000. Secs. 2721 to 2820. "An act to provide for the organization, government, and powers of cities of the second class having more than 10,000 inhabitants." 1883, p. 130. In force March 1. (Title changed to read 5,000. 1885, p. 148. Sec. 76 repealed. 1887, ch. 13, p. 307.) 2721. That all cities of the second class having more than five thousand (5,000) and less than twenty-five thousand (25,000) inhabitants shall be governed by the provisions of this act. Amended 1885, p. 148. 2722. Whenever any city shall hereafter have attained a population of five thousand inhabitants, and such fact shall have been duly ascertained and certified by the mayor of such city to the governor, the governor shall by proclamation declare such city to be a city of the second class and subject to the provisions of this act. Amended 1885, p. 148. 2723. Any city heretofore incorporated and subject to the provisions of this act shall include within its corporate limits all the territory heretofore included therein, and also the mayor and council may by ordinance include within the cor'porate limits of such city all territory contgiuous or adjacent thereto which has been at any time, by the owner or proprietor thereof, or by any one by his or her authority or acquiescence, laid off or subdivided into lots or blocks containing not more than five acres of land each, whether the same shall have been so laid off, subdivided, or platted in accordance with any statute of this state or otherwise, and the mayor and council shall have the power by ordinance to compel the owners of any contiguous or adjacent land, or any part thereof, brought within the corporate limits of such city as aforesaid, to lay out streets, avenues, and alleys so as that the same shall correspond in width and direction and be continuous with the streets, avenues, and alleys of such city or otherwise, as shall appear most for the convenience of the inhabitants of such city and the public, and to vacate any public road heretofore established through such land where necessary to secure regularity in the general system of streets, avenues, and alleys through the same. Amended 1885, p. 149. 2724. Same. Whenever any land lying contiguous or adjacent to any such city, or to any addition or extension thereof, shall be or shall have been, by the owner or proprietor thereof, or any person by or with his or her authority or acquiescence, laid off into lots or blocks containing not more than one acre of land, whether the same shall have been or shall be laid off, subdivided, or platted in accordance with any statute of this state or otherwise, or has sold or begun to sell off such adjacent lands by metes and bounds, in tracts not exceeding one acre, or whenever any tracts or portion, not exceeding ten acres of land, may have been or shall be contiguous to, or surrounded or bounded by, on one or more sides by any addi tion or extension or intended addition to any such city, whether platted as aforesaid or not, it shall be competent for the mayor and city council by ordinance to declare the same, by such name designation or description as they may see fit, a part of such city, and thereupon and thereafter the corporate limits of such city shall extend to and include such land. Amended 1885, p. 149. 2725. When land or territory shall be or shall have been laid off, subdivided or platted into lots or blocks, and such lots or blocks shall have been for the purpose of sale or otherwise subdivided into smaller lots or parcels, such smaller lots or parcels shall be treated and regarded as lots or blocks within the meaning of the last two preceding sections, and land or territory laid off or subdivided as in said sections described, shall be treated and regarded as contiguous to such city, notwithstanding any stream or embankment or any strip or parcel of land, not more than two hundred feet in width, may be or lie between such land or territory and the corporate limits of such city. 2726. The corporate name of each city organized under or governed by this act shall be "The city of," and all and every process whatever affecting any such city shall be served upon the mayor or acting mayor, or in the absence of both of said officers from the city, then upon the city clerk. 2727. No right of property accrued to any city, corporation or person under any law heretofore in force shall be enforced by this act, and all city ordinances now in force and not repugnant to the provisions of this act shall remain and continue in force until altered or repealed by the mayor and council. Change from city of 1,500 to 5,000 will not vacate city offices. 20, 37 (28 N. W., 846.) 2728. Each city governed by the provisions of this act shall be a body corporate and politic, and shall have powers: First-To sue and be sued. SecondTo purchase and hold real and personal property for the use of the city, and real estate sold for taxes. Third-To sell and convey any real or personal estate owned by the city, and make such order respecting the same as may be deemed conducive to the interests of the city. Fourth-To make all contracts and do all other acts in relation to the property and concerns of the city necessary to the exercise of its corporate or administrative powers. Fifth-To exercise such other and further powers as may be conferred by law. The powers hereby granted shall be exercised by the mayor and council of such city as hereinafter set forth, but they shall not have the power to sell any real estate of the city unless authorized to do so by a vote of the majority of the electors of such city at a special election therefor. 2729. Each city governed by this act shall be divided into not less than four nor more than six wards, the boundaries of which shall be defined by ordinance. Each ward shall constitute an election district; Provided, That when any ward shall contain over eight hundred legal voters, the mayor and council by ordinance may divide such ward into two election districts. 2730. Precinct lines in that part of any county not under township organization, embraced within the corporate limits of a city of the second class, shall correspond with the ward lines in such city, and such precinct shall correspond in number with the wards of the city, and be co-extensive with the same; Provided, That when a ward is divided into two election districts, the precinct corresponding with such ward shall be divided so as to correspond with the election districts; And provided further, That no justices of the peace or constables shall be elected in such precinct; and every such city shall constitute a district for the election of justices of the peace and constables, and in every such district there shall be elected two justices of the peace and two constables at the time provided by law for the election of such officers in other districts. This construed with general election law to provide for two justices in each ward. 28, 755 (45 N. W., 290). Precinct lines must be made to correspond with the ward boundaries. 20, 302 (30 N. W., 57). 2731. At all elections authorized by this act the polls shall be opened at such place in each election district as may be designated by the mayor or as fixed by ordinance, and shall be kept open between the hours of nine o'clock A. M. and seven o'clock P. M., and no longer. 2732. The general city election in all cities governed by this act shall be held on the first Tuesday in April annually. The city officers shall consist of a mayor, treasurer, clerk, and police judge, each of whom shall be elected by a plurality of votes, for the term of two years, commencing on the first Monday succeeding their election and until their successor shall be elected and qualified. A city marshal, a city engineer, a city attorney, a street commissioner, and a chief of the fire department, and a water commissioner, and such number of police as the mayor and council see fit, may be appointed by the mayor by and with the advice and consent of the council. Any of such officers or policemen may be removed at any time by a vote of a majority of all the members of the council, and any of such policemen may be removed at any time by the mayor or by a vote of a majority of the members of the council. In case of emergency the mayor may appoint special policemen without the advice or consent of the council, who should be removable at the pleasure of either the mayor or council; Provided, That in case of any vacancy in the office of the treasurer or clerk by death, resignation, or otherwise, the same shall be filled by appointment by the mayor, by and with the advice and consent of the council until the next general election.* 2733. Councilmen who shall have been elected in the city subject to the provisions of this act, and whose terms of office shall not have expired at the time fixed for holding the first election of city officers in such city under the provisions of this act, shall continue to hold their offices for their unexpired terms in all respects as though they had been elected under the terms thereof. At the first annual city election held under the provisions of this act, one councilman shall be elected for each ward in the city in which there shall be a councilman whose term shall not have expired, who shall hold his office for the term of two years and until his successor shall be elected and qualified, and in every other ward in such city there shall be elected two councilmen, one of whom shall hold his office for the term of one year, and one of whom shall hold his office for the term of two years, and respectively until their successors shall be elected and qualified; and annually thereafter there shall be elected in each ward one councilman, who shall hold his office for the term of two years and until his successor shall be elected and qualified; Provided, however, That whenever the number of wards in any such city shall be increased in any manner provided by law, such increase shall not affect the terms of office of councilmen then in office, but that at the next annual election for city officers held after such increase there shall be elected for each of such additional wards, to be designated as such by the mayor and councilmen, and by the notice of election, two councilmen, one of whom shall hold his office for the term of one year, and one of whom shall hold his office for the term of two years, and respectively until their succesors shall be elected and qualified. 2734. The qualifications of electors in the several wards shall be the same as is required for electors in precincts, under the laws of the state. At the first *This section was sought to be amended 1885, p. 151, but as it was not mentioned in the title of that act, and as the proposed changes were slight, the original section is here inserted. meeting of the council after any city election, the returns shall be canvassed, and they shall cause the clerk to make out and deliver certificates of election to the persons found to be elected; and a neglect of any such officer to qualify within ten days after the delivery to him of such certificate shall be deemed a refusal to accept the office to which he may have been elected. Board cannot change election returns. 24, 139 (38 N. W., 31). 2735. Regular meetings of the council shall be held at such times as may be fixed by ordinance, and special meetings whenever called by the mayor or any two councilmen. Two-thirds of all the members elected to the council shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time, and compel the attendance of absent members. 2736. The annual salaries of all officers shall be fixed by ordinance not exceeding the following sums respectively: The mayor five hundred dollars, treasurer three hundred dollars, each councilman three hundred dollars, clerk five hundred dollars, marshal and policemen not exceeding sixty-five dollars each per month, city engineer not exceeding five dollars per day for each day actually employed, and not exceeding five hundred dollars in any one year, street commsssioner not exceeding ninety dollars per month for the time actually employed and not exceeding one thousand dollars in any one year, city attorney five hundred dollars, water commissioner one thousand dollars per year; all other officers and employees of the city except police judge shall receive such compensation as the mayor and councilmen may think fit at the time of their employment; Provided, however, That the mayor and council may at any time, instead of employing a street commissioner, require his duties to be performed by the marshal or any policeman, but without additional compensation. Amended 1885, p. 152. When no salary is fixed at commencement of term of office, a law passed during term of office is not within the inhibition. 19, 443 (27 N. W., 433). 2737. The police judge shall receive the same fees as a county judge for similar services. 2738. All officers shall be qualified electors of the city, entitled to vote at all elections therein. 2739. The mayor shall preside at all meetings of the city council, and shall have a casting vote when the council is equally divided, except as otherwise herein provided, and none other, and shall have the superintending control of all the officers and affairs of the city, and shall take care that the ordinances of the city and of this act are complied with. 2740. He shall sign the commissions and appointments of all the officers elected or appointed in the city. 2741. The mayor shall have power to sign or veto any ordinance passed by the city council, and to sign or veto any order, by-law, resolution, award of or vote to enter into any contract, or the allowance of any claim; Provided, That any ordinance, order, by-law, resolution, award, or vote to enter into any contract, or the allowance of any claim vetoed by the mayor, may be passed over his veto by a vote of two-thirds of all the members elected to the council, notwithstanding his veto; and should the mayor neglect or refuse to sign any ordinance and return the same with his objections in writing at the next regular meeting of the council, the same shall become a law without his signature; Provided, That the mayor may veto any item or items of any appropriation bill, and approve the remainder thereof, and the item or items so vetoed may be passed by the council over the veto as in other cases. Amended 1885, p. 153. 2742. He shall, from time to time, communicate to the city council such infor mation and recommend such measures as in his opinion may tend to the improvement of the finances of the city, the police, health, comfort, ornament, and general prosperity of the city. 2743. In case of any vacancy in the office of mayor, or in case of his absence or disability, the president of the council shall exercise the powers and duties of the office of mayor until such vacancy shall be filled or such disability removed; or in case of temporary absence, until the mayor returns, and perform such other duties as may be required by law. The mayor may require any male inhabitant of the city, between the ages of eighteen and fifty years, to aid in enforcing the laws. 2744. The mayor shall have power, after conviction, to remit fines and forfeitures, to grant reprieves and pardons for all offenses arising under the ordinances of the city. 2745. The marshal shall have the immediate superintendence of the police; and the marshal and policemen shall have power, and it shall be their duty, to arrest all offenders against the laws of the state, or of the city, by day or by night, in the same manner as a sheriff or constable, and to keep them in the city prison or other place to prevent their escape, until a trial or examination may be had before a proper officer, and shall have the same powers as sheriffs and constables in relation to all criminal matters, and all process issued other than in ordinary civil actions by the police judge. 2746. The mayor or council shall have power, when he or they deem it neccssary, to require any officer of the city to exhibit his accounts or other papers, and to make reports to the council in writing, touching any subject or matter he may require pertaining to his office. The mayor shall be active and vigilant in enforcing all laws and ordinances for the government of the city, and he shall cause all subordinate officers to be dealt with promptly for any neglect or violation of duty, and he shall have such jurisdiction as may be vested in him by ordinance, over all places within five miles of the corporate limits of the city, for the enforcement of any health or quarantine ordinance and regulation thereof. 2747. The mayor and clerk and police judge of the city are hereby authorized to administer oaths, to take depositions, and acknowledgments of deeds, mortgages, and other instruments of writing affecting the title of real estate, and certify the same under the seal of the city, and the same shall be received as valid through out the state. 2748. The city engineer shall make estimates of the cost of labor and materials which may be done or furnished by contract with the city, and make all surveys, estimates, and calculations necessary to be made for the establishment of grades, building of culverts, sewers, water-works, bridges, curbing, and gutters, and the improvement of streets, and erection and repair of buildings, and shall perform such other duties as the council may require;* Provided, however, That the mayor and council may, whenever they deem it expedient, employ a special engineer to make or assist in making any particular estimate or survey, and any estimate or survey made by such special engineer shall have the same validity, and serve in all respects as though the same had been made by the city engineer.* Before the city council shall make any contract for building water-works, or any part thereof, or any sewers, bridges, or sidewalks, or for any work on the streets, or for any other work or improvement, an estimate of the cost thereof shall be made by the city engineer and submitted to the council, and no contract shall be entered into for any work or improvement for a price exceeding such estimate; and in advertising for bids for any such work, the council shall cause the amount of such estimate to be |