Report.

Objections.

Hearing report.

Compensa

tion of Com

assess the whole amount of such costs and expenses, value of property sought to be taken, and damages to property not taken, upon the property within the district declared by the resolution of the Council to be benefited by said improvement, and shall assess each tract, lot, piece, or parcel of land within said district in proportion to the benefits received by it from said improvement.

SEC. 346. The said Commissioners, within a time to be fixed by the Court, shall make a report of their proceedings, under their hands, or the hands of a majority of them, to the said Court, in which report they shall describe, with common certainty, the several parcels of land sought to be taken for such improvement, and the names of the owners thereof, respectively, so far as they can be ascertained, designating unknown owners, if any such there be, and the sum of money which should be paid to each of said owners, as his or her compensation for the land necessary and sought to be taken and condemned for such improvement, or of his or her estate therein; and in case only a part of a larger parcel has been taken for such improvement, and the remaining portion is damaged or benefited thereby, they shall describe such remaining portion, and specify the sum to be paid or assessed to the owner thereof, or such damages or benefits as the case may be; they shall also describe, with common certainty, the several parcels of land within the district deemed to be benefited by said improvement, and the names of the owners thereof, so far as they can be ascertained, designating unknown owners, if such there be, and the sum of money which is assessed upon each particular parcel, and which should be paid by the owner thereof.

SEC. 347. Upon the filing of such report, the said Court shall, by order, fix a day for hearing objections to the confirmation thereof, and shall direct notice of the time and place of said hearing to be given by the Clerk, by publication in a daily newspaper published in said city, for at least ten days (Sundays and non-judicial days excepted) prior to said day of hearing.

SEC. 348. Upon the day fixed for the hearing, the Court shall proceed to hear any person interested upon any question touching the regularity of the proceedings, the sufficiency of the compensation awarded, or the justice or equality of the assessment, and may confirm said report, or set the same aside, or remand the same for correction or alteration in any particular. If the report be set aside, the matter may in like manner be referred to the same or new Commissioners appointed by the Court, who shall proceed as herein before provided; if the report be remanded, it shall be corrected or altered in any particular required by the Court.

SEC. 349. The Commissioners shall be entitled to reasonmissioners. able compensation for their services, to be certified to by the Court, and taxed as part of the expenses of the proceeding.

Judgment, what to contain.

SEC. 350. Upon confirmation of the report of the Commissioners, judgment shall be rendered by the Court thereon, which judgment must describe each parcel of land taken for such improvement, and the amount to which the owner

is entitled as compensation or damages for the taking thereof, and the name of such owner or owners, if known; and in case only a portion of a larger parcel is taken, such judgment must describe such remaining portion, and the amount, if anything, to which the owner thereof is entitled as damages; and must also describe each parcel of land assessed for the expenses of such improvement, and the amount so assessed upon each parcel respectively. Such judgment shall direct a sale of each parcel so assessed, or so much thereof as may be necessary to pay the amount of such assessment and expenses of sale, and the application of the proceeds of such sale to the payment of the expenses of such sale, and the amount of compensation and damages awarded by such judgment. Such judgment shall be a lien upon the property against which such assessment is made, and may be enforced by a sale of the property assessed, as hereinafter provided. SEC. 351. Within thirty days after the entry of such judg- Enforcement, the persons liable must pay to the Clerk of the Court, judgment. for the benefit of the parties entitled thereto, the several amounts specified in such judgment, in default of which the respective parcels of land upon which such assessments have not been paid shall be sold by the Sheriff of such county under a certified copy of such judgment, and in the manner provided by law for the sale of property upon decree of foreclosure of mortgage.

Effect.

ment of

whom paid.

SEC. 352. The moneys realized from such sale shall be Money, to paid by the officer making the same, to the Clerk of the Court, for the benefit of the parties entitled thereto.

SEC. 353. Whenever the aggregate amount of damages or Final order. compensation awarded by such judgment shall have been paid to the Clerk, either by voluntary payment or as moneys realized from sales under such judgment, the Court must make and enter a final order or decree of condemnation of the lands taken for such improvement, which order or decree shall describe the property condemned and the purpose of such condemnation.

vests.

SEC. 354. A copy of such order or decree must be filed in When title the office of the Recorder of such county, and thereupon the property described therein shall vest in such city for the uses and purposes therein specified; and such city shall be entitled to and may take immediate possession thereof.

awards.

SEC. 355. Whenever the aggregate amount of damages or Payment of compensation awarded by such judgment shall have come to the hands of the Clerk, he shall, upon the demand of any person entitled thereto, pay to said party the amount awarded to him or her by said judgment.

Where more

than one

SEC. 356. If there is more than one claimant to any parcel of land taken for such improvement, or if the owner claimant. of any parcel is unknown, the amount awarded as damages or compensation for the taking thereof shall remain in Court to be awarded to the true owner by due process of law. SEC. 357. Any party feeling aggrieved by any proceedings, orders, or judgments of such Court herein provided for, may appeal to the Supreme Court, as in other cases.

SEC. 358. The City Council shall not have power to appoint

Appeal.

Appointment of

police.

Supply of gas and

water.

Duty of Mayor.

Allowance

of demands.

a greater number of policemen than shall be equal to one for every one thousand of the population of such city. No policeman or member of the fire department shall be removed from office except upon the order and direction of the Mayor, and after charges in writing have been made against him, and evidence upon the same shall have been heard in public in the mode and manner to be prescribed by ordinance.

SEC. 359. All gas and water pipes laid in any paved, macadamized, or graded street, must be of sufficient capacity to afford a free supply of gas or water for the estimated necessities of such street, and the district to be supplied by such pipes, for a period of not less than five years from the time of laying the same; which estimate of necessity and capacity shall be made by the City Engineer, and approved by the Council. It shall be the duty of the Council, by ordinance, to prescribe regulations for the laying of gas and water pipes in the public streets.

ARTICLE IV.

EXECUTIVE DEPARTMENT.

SEC. 370. The Mayor shall preside at all meetings of the City Council, but the Council shall elect a President pro tempore to preside during his absence. He shall communicate to the Council, semi-annually, or oftener if necessary, a general statement of the situation and condition of the city, together with such recommendations relative thereto as he may deem expedient. He shall be vigilant and active in causing the ordinances of the city to be executed and enforced. He shall be the head of police, and shall exercise a supervision and control over the conduct of all subordinate officers, and receive and examine into all complaints preferred against any of them for violation or neglect of duty, and certify the same to the Council. He shall sign all ordinances and contracts made on behalf of the city, and countersign all licenses and warrants on the treasury. He shall keep accounts current with every officer charged with the receipt or disbursement of money, and perform all the duties of an auditor. He shall perform such other duties as may be prescribed by law or ordinance.

SEC. 371. Every demand upon the treasury, except for the salary of the Mayor, must, before it can be paid, be presented to the Mayor, to be allowed, who shall satisfy himself whether the money is legally due and remains unpaid, and whether the payment thereof from the treasury of the city is authorized by law, and out of what fund. If he allow it, he shall indorse upon it the word "Allowed," with the name of the fund out of which it is payable, with the date of such allowance, and sign his name thereto; but the allowance or approval of the Mayor, or of the City Council, or of any other Board or officer, of any demand which upon the face of it appears not to have been expressly made by law payable out of the treasury or fund to be charged therewith, shall afford no warrant to the Treasurer or other disbursing officer for paying the same. The demand of the Mayor for his salary

shall be audited and allowed by the President pro tempore of the City Council.

Chief of

SEC. 372. The Chief of Police shall execute, within the Duty of city, and return all process issued and directed to him by the Police. City Justices, or either of them, arrest all persons guilty of a breach of the peace, or of a violation of any ordinance of the Council, and take them before the proper magistrate within the city; and do and perform such other duties as may be prescribed by ordinance, or may be required by the Mayor.

records of

SEC. 373. The records kept by the Street Superintendent Effect of of the city, and signed by him, shall have the same force Street Superand effect as other public records, and copies therefrom, duly intendent. certified, may be used in evidence with the same effect as the originals. The said records shall, during all office hours, be open to the inspection of any citizen wishing to examine them, free of charge.

Street Super

SEC. 374. The Street Superintendent shall keep a public office of office in some convenient place, to be designated by the City intendent. Council, and such records as may be required by law. He shall superintend and direct the cleaning of all the sewers in the public streets, and the expense of the same shall be paid out of the Street Department Fund, and perform all duties required by law or ordinance of such city.

Street Super

SEC. 375. It shall be the duty of the Street Superintendent Duty of to see that the laws, orders, and regulations relating to the intendent. public streets and highways are fully carried into execution, and that the penalties therefor are regularly enforced. He shall keep himself informed of the condition of all the public streets and highways, and also of all public buildings, parks, lots, and ground of the city, as may be prescribed by the Council; and should he fail to see the laws, orders, and regulations relative to the public streets and highways carried into execution, after notice from any citizen of a violation. thereof, he and his sureties shall be liable upon his official bond to any person injured in person or property in consequence of such neglect.

on city for

damages.

SEC. 376. If, in consequence of any graded street or public No recourse highway, improved under the provisions of this chapter, certain being out of repair, and in a condition to endanger persons or animals passing therein, any person while carefully using such street or public highway, and exercising ordinary care to avoid such danger, suffer damage to his person, or if any animals or other property, being lawfully ridden, driven, or conveyed through such street or public highway be injured, lost, or destroyed through any such defect therein, no recourse for damages thus suffered shall be had against the city; but if such defect in such street or public highway shall have existed for a period of twenty-four hours or more, after notice to the Street Superintendent, then the Street Superintendent, and also all other officers through whose official negligence such defect shall have remained unrepaired, shall jointly and severally be liable to the party injured for the damages so sustained.

SEC. 377. The City Council shall have power to appoint

Engineer,

of and duties.

City a City Engineer, and by ordinance to prescribe his duties appointment and fix his compensation, not to exceed eighteen hundred dollars per annum. It shall be the duty of the City Engineer to do the surveying and other work necessary to be done by law or any ordinance of said city, and to survey, measure, and estimate the work done and to be done under contracts for grading streets; and every certificate of work done by him, signed in his official capacity, shall be prima facie evidence in all the Courts of this State of the truth of its contents; he shall also keep a record of all surveys made by him.

Duties of
Treasurer.

Reports of officers.

Other necessary affairs.

Police Court.

Jurisdiction.

SEC. 378. The Treasurer shall receive and pay out all moneys belonging to the city, and keep an account of all receipts and expenditures, under such regulations as may be prescribed by ordinance; he shall make a monthly statement to the Council of the receipts and expenditures of the preceding month, and in his capacity as City Clerk he shall keep all the papers and documents belonging to the city, attend the meetings of the Council, and keep a journal of their proceedings, and a record of all their ordinances, and shall do all other things required of him by ordinances.

SEC. 379. It shall be the duty of the several elected and appointed officers of said city, whenever required by the City Council, to make reports to the said Council, and in the manner required of them, and in their reports to embody all the matters and information required pertaining to the duties of their respective offices.

SEC. 380. The City Council may provide by ordinance for the election or appointment of any other officer or officers necessary for the good government of the city, and the proper administration of the public interest, and shall prescribe their duties and terms of office, and fix their compensation.

ARTICLE V.

JUDICIAL DEPARTMENT.

SEC. 390. The judicial power of the city shall be vested in a Police Court, to be held therein by the City Justices, or one of them, to be designated by the Mayor, but either of said City Justices may hold such Court without such designation, and it is hereby made the duty of said City Justices, in addition to the duties now required of them by law, to hold said Police Court.

SEC. 391. The Police Court shall have exclusive jurisdiction of the following public offenses committed in the city: First-Petit larceny.

Second-Assault or battery, not charged to have been committed upon a public officer in the discharge of official duty, or with intent to kill.

Third-Breaches of the peace, riots, affrays, committing willful injury to property, and all misdemeanors punishable by fine or by imprisonment, or by both such fine and impris

onment.

Fourth-Of proceedings respecting vagrants, lewd, or disorderly persons.