Parties feeling ag may take cause to Supreme Court, Shall file petition. SEC. 13. Any party interested in any such inquiry and assessment, who shall feel aggrieved by the finding of the jury, or the grieved order of the Court, may have the part thereof in which such party may be interested and feel aggrieved, reviewed in the Supreme Court, by filing a petition for that purpose in the District Court during the term at which the finding or decision complained of shall have been made; and it shall be duty of the District Court to report in the nature of a bill of exceptions, the facts necessary to show the ground of a finding or decision, and said petition and report, or a transcript thereof being filed in the Supreme Court (which shall be done on or before the first day of the next term thereof,) the matter shall be heard and determined; and if the court shall find that right and justice has not been done, a new assessment may be ordered by a jury in that Court, which shall be made without delay at the same term if practicable; or such other final order or judgment shall be made as may be deemed proper and equitable. When such petition shall be filed, the District Court may suspend the execution of any order which may have been made, on such Give bond. terms as may be deemed proper, and require a bond with security for the payment of any damages or costs which may be thereby occasioned; but in all cases where the municipal corporation shall pay or secure by a deposit of money, the compensation assessed by the jury and shall give such surety as may be deemed adequate to pay any further compensation, and all damages and costs which may be adjudged in the Supreme Court the right to take and hold the property condemned, shall not be affected by any such review. SEC. 14. Each municipal corporation may, either by a general or City Council by ordi- special by-law or ordinance, prescribe the mode in which the fix mode of charge on the respective owners of lots or land, and on the lots or ́land, shall be assessed and determined, for the purpose authorized by this act; such charge when assessed shall be payable by the owner or owners at the time of the assessment, personally, and shall also be a lien upon the respective lots or parcels of land in the possession of any owner, from the time of the assessment; such charge may be collected and such lien enforced, by a proceeding at law or in equity, either in the name of the municipal corporation or of any person to whom the municipal corporation shall have directed payment to be made; in any such proceeding at law, when pleadings are required, it shall be sufficient to declare generally for work and labor done, and materials furnished on the particular nance shall assess ment 87 street, alley or highway; and in any proceeding in equity, where the owner of any lot or land shall be non-resident of the county, or unknown, notice shall be given by publication, in the manner prescribed by lay for like notices, but a publication for one-half the usual time shall be deemed sufficient; proceedings at law or in equity may be instituted against all the owners or each, or any number of them, or to enforce the lien against all the lots or land or each lot or parcel, or any number of them, embraced in any one assessment; but the judgment or decree shall be rendered severally or separately, for the amount properly chargeable; and any proceeding may be severed in the discretion of the Court, for the purpose of trial, review or appeal. Irregulari SEC. 15. In any such proceeding, where the Justice of the Peace, or the court trying and hearing the same shall, be satisfied that work has been done, or materials furnished, which, according to the true intent of this act, would be properly chargeable on the lot or land through or by which the street, alley, or highway, improved, repaired, or lighted may pass, a recovery shall be permitted, or a charge enforced to the extent of the proper proportion of the value of work or material, which would be chargeable on such lot or land, notwithstanding any informality, irregularity or defect in any assessment, on the part of such municipal corporation, or its ty or deofficers; but in such cases, the Justice or Court shall adjudge, as to sessment costs as may be deemed proper; and in cases where an assessment bar. shall have been regularly made, and payment shall have been neglected or refused, at the time when the same was required, any municipal corporation shall be entitled to demand and recover, in addition to the amount assessed, and interest thereon, at six per cent. from the time of assessment five per cent. to defray the expenses of collection, which shall be included in any judgment or decree which may be rendered. fect in as shall be no water and SEC. 16. Municipal corporations shall have power to cause any lot or lots of land within their limits, on which or part of which water shall at any time become stagnant, to be raised, filled up, or Stagnant, drained, and cause all putrid substances, whether vegetable, to be removed from any lot or lots, and may, for such be purposes, from time to time, direct that such lot or lots be raised, filled up or drained, or that such putrid substances be removed from such lot or lots, by the owner or owners thereof, respectively, in such reasonable time, and in such manner, as may be directed by a matter to ated. District diction to lien. resolution of the proper authority of any municipal corporation; and it shall be the duty of such owner or owners, his, her, or their agent or attorney, after service of a copy of the said resolution, or after a publication of the same, in some newspaper, of general circulation in such municipal corporation, for four successive weeks, to comply with the directions of such resolution, within the time therein specified; and in case of a failure or refusal to do so, it may be done at the expense of such municipal corporations; and the amount of money so expended, shall be a debt due to said municipal corporation from the owner or owners of such lot or lots in proportion to the amount expended on the lot or lots owned by him, her or them respectively, to be recovered before a Justice of the Peace, or other Court of competent jurisdiction; and shall, moreover, from the time of the adoption of such resolution, be a lien on such lot or lots which may be enforced, if need be, either after or without a previous proceeding at law, by a suit in equity in the District Court of the proper county; and like proceedings may be had as herein before directed in relation to the improvement of streets, or as in other cases at law, or in equity. SEC. 17. It shall be the duty of the District Court of the proper county to take and exercise the jurisdiction authorized by have juris- this act, for the collection of any charge or debt, or the enforcement enforce of any lien, notwithstanding the amount involved shall be less than that to which the jurisdiction of the Court may be limited in other cases; and any District Court may make such special rules as to the class of cases authorized to be brought under this act, as will tend to expedite their disposition and prevent unnecessary costs. cil to make ordinances] SEC. 18. Municipal corporations shall have power to make and City Coun-publish, from time to time, by-laws or ordinances, not inconsistent by-laws or with the laws of this State, for carrying into effect or discharging the powers or duties conferred or required under this act; and it is hereby made the duty of municipal corporations to make and publish such by-laws and ordinances as shall be necessary to secure such corporation and their inhabitants against injuries by fire, thieves, robbers, burglars, and all other persons violating the public peace; for the suppression of riots and gambling, and indecent and disorderly conduct; for the punishment of all lewd and lascivious behavior in Suppress the streets and public places; and they shall have power to prohibit where and suppress all places of resort, generally known as music halls, employed. where women are employed in the capacity of waiters or otherwise; Music halls and for these purposes they shall have power to make and publish such by-laws and ordinances as to them shall seem necessary to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort and convenience of such corporations and the inhabitants thereof. for viola SEC. 19. By-laws and ordinances of municipal corporations may be enforced by the imposition of fines, forfeitures and penalties, on Penalties any person or persons offending against or violating such by-laws or tion. ordinances, or any of them, and the penalty or forfeiture may be prescribed in each particular ordinance, or by a general by-law or ordinance made for that purpose; and municipal corporations created under or by authority, or deriving their powers from this act, shall have power to provide in like manner for the prosecution, recovered. recovery and collection of such fines, penalties or forfeitures. SEC. 20. Fines, penalties and forfeitures which shall not exceed How alties reasonable. the sum of fifty dollars for any one specified offense, or violation of What penthe by-law or ordinance, or double that sum for each repetition of deemed such offense or violation, or which shall not exceed ten dollars for each day where the thing prohibited or rendered unlawful is in its nature continuous in respect to time, shall be deemed reasonable; but where, in any by-law or ordinance, a greater fine, penalty or forfeiture is imposed than is above specified, it shall be lawful, in any suit or prosecution for the recovery thereof, to reduce the same to such amount as shall be deemed reasonable or proper, and to permit a recovery or render judgment accordingly. In addition to the fines and penalties above specified, any municipal corporation may provide for a further penalty of imprisonment for any term not Penalty by exceeding thirty days; and for keeping persons convicted at hard imprisonlabor during their term of imprisonment at such place or places as may be determined by the City Council. ment. may be re suit. SEC. 21. Fines, penalties and forfeitures may, in all cases, and Penalties in addition to any other mode provided, be recovered by suit or covered by action before any justice of the peace, or other court of competent jurisdiction, in the name of the proper municipal corporation, and for its use; and in any such suit or action, where pleading is necessary, it shall be sufficient to declare generally, for the amount claimed to be due, in respect of the by-law or ordinance referring to the title of the same and the date of its adoption or passage, and showing, as near as may be, the true time of the alleged violation. SEC. 22. All suits or prosecutions for the recovery of any such fines, penalties and forfeitures, or for the commission of any offense made punishable by any by-law or ordinance of any municipal Limitation corporation, shall be commenced within one year after the violation commence of the ordinance or commission of the offense, and not afterward. of time to suit. Printed copies of shall be re ceived as evidence. SEC. 23. The printed copies of the by-laws or ordinances of any municipal corporation, published under the authority of such corporation, and transcripts of any by-laws or ordinances, or of any ordina nces act or proceeding of any municipal corporation, recorded in any book, or entered on any minutes or journal, kept under the direction of such municipal corporation, and certified by its clerk, shall be received in evidence for any purpose for which the original ordinances, books, minutes or journal would be received, and with as much effect. It shall be the duty of said clerk to furnish such transcripts, and he shall be entitled to charge therefor at the same rate that the clerk of the District Court is entitled to charge for transcripts from the records of that court. SEC. 24. The corporate authority of cities organized under this act shall be vested in one principal officer, to be styled the Mayor, Board of in one Board of Trustees, to be denominated the City Council, be called together with such other officers as are in this act mentioned, or as City Counmay be created under its authority. Trustees to cil. Mayor elected. tions. Term of office. SEC. 25. The Mayor shall be elected biennially in cities of the first-class, on the first Tuesday in June, 1869, and every two years thereafter, by the qualified voters of the city. He shall be a qualified elector, and reside within the limits of the city, and shall hold his office during the term for which he was elected, and until his successor shall have been elected and qualified; he shall keep an office at some convenient place in the city, to be provided by the City Council, and shall keep the corporate seal of the city in his charge; he shall sign all commissions, licenses and permits granted by the authority of the City Council, and such other acts as by law or ordinance may require his certificate. In case of death, Vacancy, disability, resignation or other vacancy of his office, the City Council, may by a vote of a majority of all its members, appoint some other person to act until the expiration of his term or the removal of such disability. how filled. Duty of The Mayor of the City shall be its chief executive officer and conservator of its peace, and it shall be his special duty to cause the 4 |