Appropriate

money.

To compel attendance.

Private property.

Value.

Supervisors
to appoint
Commissioners.

Persons interested. Publication.

Style of address.
Specification.

Notice complete.

Supervisors
to appoint
Commissioners.

Assessments.

To view premises and certify value.

otherwise, and pledge the faith of the city for the payment of such loan. or stock; Twenty-fourth, To appropriate money for any item of city expenditure, and to provide for the payment of any debts and expenses of the city; Twenty-fifth, To compel the attendance of absent members, to punish its members for disorderly conduct, and to expel members with the concurrence of two-thirds of the members elected.

SEC. 8. Whenever it shall become necessary for the Common Council to take private property for the purposes of laying out, altering or widening any streets, alleys or public grounds in the city, they may direct proceedings to be taken to ascertain the value of such property, and the compensation to be made to the owner or owners thereof, and the assessments to be levied, for the payment of the same.

SEC. 9. In order to determine such value and compensation, and such assessment as aforesaid, a petition in the corporate name of the city shall be presented to the Board of Supervisors in and for Yuba county, clearly designating the property to be taken, praying the appointment of Commissioners, to ascertain the compensation and assessment as aforesaid, so to be made thereon; notice must be given to all persons interested of the intended application, and of the time and place at which it will be presented, by publication in one or more newspapers published in the said city of Marysville, at least three times a week, for four weeks prior to the hearing of said application; the said notice shall be addressed generally, "To all whom it may concern," and shall contain an accurate specification of the property so sought to be taken and assessed, the purpose or purposes for which it is intended, and the time and place of the hearing of the said application for the appointment of Commissioners as aforesaid; the service of the said notice shall be complete whenever and as soon as the same shall have been published in the manner above provided.

SEC. 10. The Board of Supervisors, upon proof that the notice mentioned in the preceding section has been given, shall appoint three disinterested persons as Commissioners, the concurrent report of any two of whom shall be deemed final in the premises, to ascertain and Compensation. report the value of the property to be taken, and the compensation, if any, to be made to the owner or owners thereof, and the assessments to be levied therefor; the Commissioners shall be sworn to discharge their duties faithfully and impartially; they shall view the premises, and ascertain, and certify under their hands the value of the property to be taken, and shall particularly describe such property; in estimating such compensation or assessment, the said Commissioners shall take into conAdvantages, etc sideration the benefits and advantages to accrue to the owner or owners of the said property by means of the proposed improvements, as well as the injury he or they may sustain by the taking of the said property, and after fairly weighing the said advantages and disadvantages, shall report the amount of money, if any, to be paid to or by such owner or owners as a compensation for the damages to be sustained by, or the benefits to be derived from the proposed improvements; their report or the report of a majority of them shall be filed with the Board of Supervisors in and for the county of Yuba. The Commissioners upon filing such report, and upon tender and deposit in the compensation. Treasury of the City of the amount of compensation so found and reported by the said Commissioners to be due to the owner or owners of the said property which shall remain in the said Treasury subject to the order of any or all persons entitled thereto, shall direct the report to be entered on their minutes, and a certified copy thereof to

Damages or
Benefits.

Deposit of

be recorded in the Recorder's office of Yuba county, and thereupon

the corporation shall be entitled to enter upon, use and occupy the Occupy property. property, as fully as if conveyed by the owner or owners thereof.

SEC. 11. In every proceeding prescribed by this Act for the tak

ing of private property, for public purposes, all persons interested Parties in
may be joined in the same petition to the Board of Supervisors, for petition.
the appointment of Commissioners as aforesaid, and may be joined
and proceeded against jointly in every other stage of said proceedings
until the full and final determination of the same.

officers.

SEC. 12. It shall be the duty of the Common Council to provide Duty of Council for the accountability of all officers and other persons elected by concerning them, or the qualified electors of the city to whom the receipt and expenditure of the funds of the city shall be entrusted, by requiring from them sufficient security for the faithful performance of their duties or trusts, which security shall be given by them before enter-Security. ing upon the discharge of their respective duties; in case such security becomes insufficient, additional security may be required, and if Additional. not given, the Common Council, by a vote of two-thirds of the members, may declare the office vacant, and elect another person to supply the vacancy.

SEC. 13. It shall be the duty of the Common Council to publish statement in one or more newspapers, printed in the city, one month before the of receipts. annual election of the city officers in each year, for the general information of the citizens of Marysville, a full and detailed statement of the receipts and expenditures of the city during the year ending on the last day of the month previous to that on which the publication is sources of made; and in every such statement the different sources of the city revenue. revenue, and the amount received from each, the several appropria- Appropriations. tions made by the Common Council, the objects for which the same were made, and the amount of monev expended under each, the Moneys moneys borrowed on the faith and credit of the city, the authority borrowed. under which each loan was made, and the terms on which it was obtained, shall be clearly and particularly specified.

ARTICLE IV.

OF THE POWERS AND DUTIES OF THE CITY OFFICERS AND THEIR COMPEN

SATION.

Expenditures.

Mayor.

SEC. 1. It shall be the duty of the Mayor-First, To communi- Duty of cate to the Common Council, quarterly, a general statement of the situation and condition of the city in relation to its government, finances and improvement; Second, To recommend to the Common Council the adoption of all such measures as he shall deem expedient, relative to the police, security, health, cleanliness and ornament of the city, and the improvement of its government; Third, To be vigilant and active in causing the by-laws and ordinances of the Common Council to be duly executed and enforced; Fourth, To exercise a constant supervision and control over the conduct and acts of all subordinate officers, and to receive and examine into all such complaints as may be preferred against any of them for violation or neglect of duty; Fifth, To preside over the Common Council when present at their sittings; Sixth, To maintain the peace and good order of the city, and generally perform all such duties as may be

To approve
Ordinances.

How effective without his approval.

Salary of
Mayor.

Duty of
Aldermen.

Compensation.

Proviso.

Duty of

City Marshal.

Compensation.

prescribed by this Act, and the ordinances of the Common Council, and the laws of this State.

SEC. 2. Every ordinance or resolution which shall have been passed by the Common Council shall before it becomes effective, be presented to the Mayor, for his approbation; if he approve he shall sign it, if not, he shall return it with his objections in writing, to the Common Council, who shall cause the same to be entered upon the Journal, and shall proceed to reconsider the same; if after such reconsideration, two-thirds of the members of the Common Council elect,shall agree to pass the same, it shall become an ordinance or resolution, as the case may be; in all cases the vote shall be taken by yeas and nays, and the names of the members voting for and against the same shall be entered upon the Journal of the Common Council. If any ordinance or resolution shall not be returned by the Mayor within ten days, (Sundays excepted) after it shall have been presented to him, the same shall become effective as if the Mayor had signed it.

SEC. 3. The Mayor shall receive for his services such salary or compensation as may be allowed by the Common Council, not exceeding in any case the sum of twelve hundred dollars.

SEC. 4. It shall be the duty of every Alderman of the city to attend the regular and special meetings of the Common Council; to act upon committees when duly appointed; to report to the Mayor all subordinate officers who are guilty of a violation or neglect of duty; and to aid the Mayor in maintaining the peace and good order of the city, and in enforcing the by-laws and ordinances of the Common Council.

SEC. 5. The Aldermen shall not receive any salary or compensation for their services, unless a proposition to allow them salary or compensation, specifying the amount thereof, be first submitted to the electors of the city, and be approved by them, such proposition shall be published in one of the newspapers of the city, at least one month previous to the day on which the vote of the citizens shall be taken thereon. If a majority of the persons voting, vote in favor of the proposition, then the salary or compensation specified therein may be allowed, but not otherwise; provided, that such compensation or salary of each Alderman shall not exceed five dollars for each day's attendance at the meetings of the Common Council.

SEC. 6. It shall be the duty of the City Marshal to execute within the city, and return all process issued and directed to him by the Recorder, Justices of the Peace, or other legal authority within the city; to arrest all persons guilty of a breach of the peace, or of a violation of any ordinance of the Common Council, and take them before the Recorder or other legal authority within the city; to collect the taxes of the city and pay all moneys received into the City Treasury, in pursuance of the ordinance of the Common Council; to supervise and control the city police;, to attend the sittings of the Common Council; and perform such other duties whilst in attendance upon their sittings as may be directed by them, and to perform such other duties as may be prescribed by ordinance of the Common Council.

SEC. 7. The City Marshal shall receive for his services such fees and compensation as the Common Council may prescribe, but the same not to exceed the fees allowed by law to Sheriffs for like services, and for the collection of all moneys due the city, shall receive two and one-half of one per centum of all sums collected.

Recorder.

SEC. 8. The Recorder shall have jurisdiction over all violations Jurisdiction of of city ordinances, and may hold to bail, fine, or commit to prison, offenders in accordance with the provisions of such ordinances; of all proceedings for the recovery of any penalty, fine or forfeiture imposed by ordinance; provided, the amount thereof shall not exceed Proviso. five hundred dollars; of all cases of misdemeanor and wilful injury to property committed within the city limits, punishable by fine not exceeding five hundred dollars, and imprisonment not exceeding three months, and shall have final jurisdiction in all cases of petit larceny ; provided, in all such cases the defendant shall have the right of trial by Proviso. jury; he shall exercise the powers of a Justice of the Peace in regard to public offenses, committed within the city limits, subject to all the rules governing Justices of the Peace in the aforesaid cases; he may issue all writs and processes, and administer all oaths necessary to the exercise of the jurisdiction hereby conferred. The place of Place of holding said Recorder's Court shall be designated by ordinance. The holding Court. Recorder shall receive for his services a salary of four thousand dol-Salary. lars per annum, payable in warrants of the city, one fourth at the end of every three months, and all moneys collected by him for fines or fees shall be paid by him into the City Treasury at the end of each week. The Marshal or other peace officer, for making an arrest under a warrant may receive two dollars, together with twenty cents Marshal. for every mile necessarily traveled by him in rendering such service and in taking the prisoner before a court or magistrate, or conveying him to prison. For serving a subpoena, fifty cents, with twenty cents for every mile necessarily traveled in making such service. Whenever the Marshal or other peace officer mentioned in this Act receives a salary from the said city, he shall account for and pay over to the Treasurer of said city, all fees collected by him under this Act for services as such peace officer.

Fees of

SEC. 9. It shall be the duty of the City Treasurer to receive all Duty of City Treasurer. moneys belonging to the city, to keep an account of all receipts and expenditures in such manner as the Common Council shall direct, and he shall whenever required by resolution of the Common Council, present to them a full account of such receipts and expenditures for any period designated in the resolution; all moneys drawn from the City Treasury shall be drawn in pursuance of an order of the Common Council by warrant, signed by the clerk and countersigned by the Mayor or President of the Council, and such warrant shall specify for what purpose the amount designated therein is to be paid. The City Treasurer shall receive as compensation for his services, one and Compensation. one half of one per cent. upon all sums of money actually received from the revenue of the city by him, except upon any amount or amounts that may be borrowed upon the faith and credit of the city.

SEC. 10. It shall be the duty of the clerk of the city to keep the Duty of corporate seal and all the papers and documents belonging to the city, City Clerk. and file them in his office under appropriate heads; to attend the sittings of the Common Council and keep a journal of their proceedings and a record of all their by-laws and ordinances; to sign all warrants and licenses issued in pursuance of the orders and ordinances of the Common Council, and affix the corporate seal to such licenses; to keep an accurate account in a suitable book, under the appropriate heads of expenditures, of all orders drawn on the Treas

Same.

Compensation.

Duty of

ury and all warrants issued in pursuance thereof; also, to keep an account in an appropriate book of all licenses issued, with the persons to whom issued, the date of the issue, the time for which the same was granted, and the sum paid therefor.

SEC. 11. It shall be the duty of the Clerk of the city to procure from the County Assessor a list of all the taxable property, real and personal within the city, and a list of all the names and occupations of all residents within the city, and furnish the Marshal with the same, which list, subject to the approbation of the Common Council, shall be the assessment roll and basis of taxation for municipal purposes; and such list of taxable property shall be furnished on or before the first Monday of August in each year.

SEC 12. The clerk of the city shall receive for his services such compensation as may be allowed by the Common Council, not to exceed the sum of twenty-five hundred dollars per year.

SEC. 13. It shall be the duty of the City Attorney to attend to City Attorney. all actions and proceedings wherein the city is a party or interested; to give his advice and opinion in writing, whenever required by the Mayor or Common Council; to draw up all contracts and instruments to which the city is a party, and to perform such other services connected with his profession as an Attorney, as may be required by the Common Council. The City Attorney shall receive for his services such compensation as may be allowed by the Common Council, not to exceed two thousand dollars per annum.

ARTICLE V.

Assessments on property.

Marshal to sell.

Where to sell real estate.

Personal property.

Rights of purchasers.

Powers of
Marshal.

MISCELLANEOUS PROVISIONS.

SECTION 1. Every assessment and every levy of taxes duly made for any purpose in conformity with the spirit and provisions of this Act, shall remain as a judgment and lien, and have the orce and effect of an execution against the party and property liable for the same; and the Marshal is hereby empowered and required to seize and sell at any time, except as provided in the following section, whenever any assessment or taxes for any purpose are due and unpaid, any property on which the assessment or taxes shall not have been paid, by giving ten days' notice in one or more newspapers published within said city, designating the time and place of sale, and the name of the owner of such property when known, and when not known, stating such fact, as also a description of the property so seized and where situated, which said notice shall also be posted in three public places in the ward where the property is situated. If said property be real estate, it shall be sold at the City Hall, between the hours of ten A. M. and four o'clock P. M., and if personal property it shall be sold between the same hours, in the ward where it was so seized. The purchaser or purchasers of all or any property sold for the payment of any assessment or taxes levied under this Act shall acquire and enjoy all the rights and privileges which are given by the laws of this State to purchasers of real and personal property, under the Sheriff's sale, for the payment of delinquent taxes, except as otherwise provided in this Act; the City Marshal shall have the same power in collecting any assessments and taxes, and in selling real or personal property of delinquent taxpayers as are now possessed by the Sheriff in collecting State and