INTERNATIONAL FALLS PRESS. notice of such deposit shall be given to all such claimants, and acting and describing the property so to be taken, shall of the legislature creating such court and by the several acts if at the time of making such tender or deposit more than state therein with reasonable certainty the area within which amendatory thereof. (20) may be located the lots and parcels of real estate to which twenty days shall have elapsed since the confirmation of Vagrancy Charge.—Section 3. In any complaint for the violation such damage will be assessed and apportioned upon the basis the original or revised assessment as aforesaid without appeal of any ordinance of the city relating to the offense of of benefit thereto resulting from the improvement. having been taken therefrom 'as hereinafter provided, the vagrancy, it shall be sufficient to charge the defendant with council may cause the property for the taking of which such Interested Persons To Be Heard.—Section 11. At their being a vagrant, and evidence of all facts constituting the said damages may have been awarded, to be appropriated and used meeting so appointed and announced as in the last preceding offense in the particular case may be given under such general for the improvement or purposes already determined upon section prescribed, the commissioner shall hear all persons charge. provided, however, that in any case in which such damages or who may desire to be heard upon the question of damages Intoxicating Liquor. —In any complaint charging the sale or part thereof shall have been assessed and charged to other and benefits which are to be determined by the commissioners disposal of any spirituous, vinous, fermented, malt, or intoxicating property deemed benefited by the intended improvement, the and may continue such hearing from day to day as long as liquors contrary to any ordinance of the city, it shall council may cause the payment, tender or deposit above provided may be necessary, not exceeding five (5) days, and they may be sufficient to allege a sale or disposal of intoxicating liquor, for to be delayed until such assessment shall have 'been administer the usual oath to all persons who may appear before and evidence may be given under such allegation showing or levied and collected or shall have become an established tax them as witnesses. tending to show the sale or disposal by the defendant of liquor lien upon the property upon which such assessment may have Damages or Benefits Determined.—When such hearing is of any one or more of the kinds above mentioned and when •O been made, not exceeding eighteen (18) months, and in such ended, the commissioners shall proceed to estimate, determine the proof shows a sale or disposal of beer, such liquor shall, in case shall have the right to cause such payment, tender or deposit and assess the damages which will be occasioned by the taking the absence of evidence to the contrary, be presumed to have of the private property proposed to be taken and to award to be made and to cause the property for the taking been the kind of beer ordinarily sold over the bar and to have the same to the persons interested in such property or holding of which the damages may have been awarded, to be appropriated been intoxicating, and proof of the sale of what appeared to L- mortgages, or other liens thereon, in proportion to the extent and used for the intended improvement or purpose, at be intoxicating liquor shall be prima facie proof of the sale 3 of their respective interests therein or liens thereon, as far any time within said period of eighteen (18) months and of each liquor. as.such persons and their respective interests or liens may be provided further, that when any appeal shall have been taken Citizens Not Disqualified As Witnesses, Etc.—Section 4. known to the commissioners and shall, if the case requires from any award or assessment as hereinafter provided, such No person shall be an incompetent judge, witness, juror, referee, it, also assess, as far as may be practicable and just, the amount limited period of one year or eighteen (18) months, as the or commissioner in any action or proceeding to which of damages so awarded, to the several lots or parcels of real case may be, shall not begin to run until such appeal shall have the city is a party by reason of his being an inhabitant thereof. decided in the District Court. estate which will be benefited by the proposed improvement in been finally Judgments—How Discharged.—Section 5. No judgment in proportion to the actual benefit which in the judgment of Removal of Buildings.—Section 16. In case the owner or favor of the city in either a civil or criminal action shall be •O the commissioners will result to such lots or parcels respectively. owners of any buildings as aforesaid shall have elected, in the remitted or discharged, except by a vote of three-fourths manner aforesaid, to remove such buildings, he or they shall of all the members of the city council. In estimating the damages to be awarded for the taking of remove the same within thirty (30) days from the date of District Court to Enjoin.—Section 6. The district court in property as aforesaid the commissioners shall take into consideration the council's action in confirming and establishing the assessments and for the County of Koochiching shall have jurisdiction and the reasonable value of the property so to be taken as aforesaid, or within such further time as the city authority upon application from the city, to enjoin and prohibit and the injury which may be incident to such taking, but council may allow for such purpose, and shall thereupon be any threatened or attempted violation of any ordinance of the shall also consider the advantages, if any, which will accrue entitled within the period hereinbefore limited of one (1) year city that shall be passed in pursuance of or authorized bv subdivision X! to the owner or owners of such property so taken or to persons or eighteen (18) months, as the case may be, to payment from Fiftieth or Fifty-first of Section Twenty-six in Chapter interested therein or having liens thereon, from the proposed the city of the amount of damage awarded in such case, in Seven of this Charter, or any threatened or attempted violation case of removal. improvement. of any ordinance of the city prohibiting obstructions or If the damage to any person be greater than the benefit received, When such person or persons shall not have elected to remove incumbrances of public streets, roads, alleys, parks, or other or if the benefit be greater than the damage, in either such buildings or shall have neglected, after such election, 0 public grounds in the city or to enjoin and'prohibit the maintenance case the commissioners shall strike a balance and carry the to remove the same within the time prescribed, .such or continuance of any such obstruction or incumbrance, U* difference forward to another column, so that the assessment buildings, or so much thereof as may be necessary, may upon or the creation, maintenance or continuance of any may show what amount is to be received or paid by such owners payment or deposit of the damages awarded for the taking public nuisance of any sort in the city and the fact that any respectively, and the difference only shall in any case be thereof in the manner aforesaid and within the period limited ordinance in this section above referred to prescribes a penalty collected of them or paid by them. as aforesaid, be taken or appropriated, sold or disposed of in for the violation thereof, or the fact that any person guilty of a It shall be lawful for the commissioners, in their discretion, such manner as the city council shall direct and the same or such violation, or of an)' act, attempt or offense in "this "section in making such assessment for the laying out, widening or the proceeds thereof shall belong to the city. referred to, may be liable to fine, imprisonment or other E extending the streets, to take into consideration the value of Appeal From Award of Commission.—Section 17. Any person penalty therefor, shall not bar any action in said district court lands theretofore donated for such street, for the purpose of feeling aggrieved by any award or assessment made as to enjoin such violation, act, attempt, or defense or abridge estimating the benefits to be paid by the person or persons aforesaid, may, by notice in writing served upon the mayor to any extent whatever the jurisdiction or authority in this having made or then making such donation or those claiming of the city, a copy whereof with the proof of service shall be section conferred upon said district court. a under them a refusal by the commissioners to take any such filed in the office of the clerk of the District Court in Koochiching Claim to be Presented to Council Before Action Maintained.—Section donation into consideration shall be final and not subject to County within twenty (20) days after the confirmation 7. No action shall be maintained against review. and establishment by the city council, as aforesaid, of the city of International Falls on account of or to recover Disposition of Buildings.—Section 12. If there should be such award or assessment, appeal from such award or assessment damages for any injury or loss alleged to have been received any building or buildings standing, in whole or part upon to the District Court aforesaid. 0) or suffered by reason of any defect in any bridge, street, road, any of the lands to be taken, the commissioners shall in such Such appeal shall be entered and brought on for trial by sidewalk, park, public ground, public building, ferry-boat, or case determine and assess the amount of damages which the district court or jury as in ordinary cases, but no pleadingshall public works of any kind or by reason of any alleged negligence should be paid in case such building, or as much thereof as be required, and the party appealing shall specify in the or misconduct of any officer, agent, servant, or employe^ Jt may be necessary, should be appropriated, and also the amount notice of appeal the grounds of objection to such award or of the city, at any time or place, unless the person J3 1 of damages to be paid in case the owner or owners should elect assessment, and shall not be entitled to have any other objection claiming to have sustained such injury or loss, or his lawful 0. to remove such building or buildings. than those specified considered and a transcript of the representatives, shall, within thirty (30) days, or if the alleged If such land or building belong to different persons, the damages record of the proceedings of the council in the matter of such injury shall have resulted in the death or insanitv of the to such persons respectively may be awarded to them award or assessment, and of such award or assessment itself, person injured, then within sixty days (60) days, after the by the commissioners, less the benefit resulting to them from and of any objection filed with the city clerk by the appellant, happening of such injury or loss, present his or their claim to the improvement. as provided in Section 14 of this chapter, certified by the city compensation, damages or other relief on account thereof to File Written Report With City Clerk.—Section 13. Said clerk, shall be procured by the appellant and filed with his notice the city council in writing, stating the time when, the place commissioners having ascertained and assessed the damages of appeal in the office of the clerk of said district court, where, and the circumstances under which such loss or injury as aforesaid and, if the particular case requires it, having also and such transcript shall be prima facie evidence of the facts occurred, and the amount of compensation or the nature of O. assessed in the manner aforesaid the amount of such damages, therein stated and no proceedings shall be had or taken, and relief demanded from the city, and give said council ten (10) as far as may be practicable and just, to the several lots no award or assessment made in any case arising under this days' time after such claim is so presented, upon which to decide and parcels of real estate benefited by the proposed improvement, chapter shall be vitiated or held invalid by reason of any informality upon the course it will pursue with relation to such claim shall as early as possible, make and file with the city or irregularity in such proceedings or in or about nor shall any such action be maintained unless the same shall clerk a written and formal report to the city council of their the making of such award or assessment, unless it shall appear be commenced within one (1) year after the happening of action in the premises, embracing a schedule of their assessment that by reason of such informality or irregularity substantial such alleged injury or loss. of damages to be paid on account of the taking of the injury or prejudice has resulted'to the party claiming Mayor and Clerk to Sign all Documents.—Section 8. All land or buildings, and the benefits to be collected by reason of to be aggrieved, and no objections on account of alleged irregularity deeds, leases or other conveyances, or other written transfers the proposed improvement, with a description of the several or informalities in the proceedings occurring before of property made, and all written contracts entered into by lots or parcels of land upon which their assessment may be the confirmation and establishment of such award or assessments the city, and all bonds and other evidences of debt issued by made, and the names, as far as known, of the respective owners by the council shall be considered on appeal, unless the city, shall, on behalf of the city, be signed by the mayor thereof or of interest therein or liens thereon, and shall accompany such objection shall have been presented to the council or filed and attested by the city clerk. such report with a minute of their fees and other with the city clerk as prescribed in Section 14 of this Chapter. Process to be Served on Mayor.—Section 9. Service of expenses of their proceedings. Clerk of Court to Certify Final Decision.—Section 18. The process and writs in any action or other judicial proceedings City Clerk to Publish Notice.—Section 14. Upon such report final decision of every appeal taken to said district court as against the city, may be made upon the mayor, and upon such being filed in the office of the city clerk he shall cause to hereinabove provided shall be certified to the council by the service being made the mayor shall immediately inform the be published once in the official newspaper of the city a notice clerk of said district court within ten (10) days after such city council thereof, and shall take such other steps in relation that such report and assessments have been so filed, final decision is made, by filing a certificate thereof with the to the action or proceedings in which such process or giving in connection with the notice an intelligible description city clerk of said city and no appeal shall lie from such final writs were issued, as may be required by ordinance in such of the land and buildings on account of the taking of decision, or from any intermediate order or decision of said case provided, or by resolution of the city council. which damages have been awarded and the area in which district court in the case. City Property Exempt from Taxation.—Section 10. All may be located the lots and parcels of real estate upon which Assessments to be Certified to County Auditor.—Section 19. real estate and appurtenances thereunto, all buildings, engines, such damages or part thereof have been assessed, and that At the time prescribed in Chapter of this charter for the trucks, carts, appliances, and apparatus, all machinery, boats, the same will be presented to the city council for confirmation certifying to the auditor of Koochiching County of the ordinary pumping works, and all other property of any kind or description, at a meeting, time and place whereof shall be specified in the levies of taxes ordered by the city council, the city clerkshall owned or held by the city for city or public uses or purposes, notice, which time shall not be less than ten (10) days after also transmit to said auditor a transcript of all assessments, shall be exempt from taxation or sale under or by the publication of the notice, and requiring all persons interested made since the last preceding levy of taxes ordered by virtue of any execution or other writ, or by virtue of any to file with the said city clerk in writing and in detail the council and from which no appeal is pending of the expense action or proceeding. before such meeting, all objections which they may desire to of improvements upon property benefited, as in this Payment of Judgments Against City.—Section 11. When make to such assessments, which in the meantime shall be chapter provided, and the said auditor shall thereupon at the any final judgment shall be recovered in any competent court open to their inspection. proper time enter such assessments against the proper lots against the city, the same shall be paid out of any money in and parcels of land in the tax list for said city, and the same Any persons interested in the buildings standing in whole the general fund in the city treasury not appropriated or required shall be collected, accounted for and paid over in the same or in part upon any land required to be taken, shall at the for other purposes. If there are no moneys in said manner and at-the same time to the city treasurer as other time of or before said meeting, of which notice is so given, fund which can be devoted to the payment of such judgment taxes collected for said city and when received shall be placed notify the council in writing of their election, if made, to remove without injury to other interests of the city, the amount of. to the credit of the general fund. such buildings from such lands. such judgment with interest thereon shall be included in the Abandonment of Proceedings.—Section 20. Upon the decision Action of Council After Report Filed.—The city council at next levy of taxes ordered by the council and when collected of any appeal taken as aforesaid or at any other stage of the meeting which for the consideration of the said report of shall be paid to the holder of such judgment. any proceedings under this chapter the city council may, when the commissioners, or at any subsequent meeting to which City Officers, etc., Exempt from Jury Duty.—Section 12. in its opinion public interest requires such action, order that the consideration thereof may be postponed, of which postponement, All officers of the city while in office, and all employes of the such proceedings be abandoned and in such case may withhold if made, the record thereof shall be deemed sufficient city, while in service, and all officers and active members of payment of any damages which may have been awarded notice, shall have power to confirm, revise or annul the fire department in the city shall be exempt from duty and revoke any assessments which may have been determined the assessments as made by the commissioners, giving due as jurors in any court or tribunal of this state. upon and if any such assessments shall already have been consideration to the objections, if any, filed by interested parties Failure to Hold Election.—Section 13. Any failure to hold certified to the county auditor of said county, may direct the as aforesaid and unless such assessments are entirely any election in the. city at the time or in the manner in this said auditor to cancel the same, or if any such assessment shall annulled, shall confirm and establish the same as appearing charter prescribed or any failure on the part of the city council have been collected, shall order that the amounts thereof be in the report or as revised. If the council shall annul the assessments, or of any city officer or officers to perform anv duty prescribed refunded from the general fund in the city treasury to the it may, in its discretion, by resolution appoint three by this charter at the time when or in the manner in persons respectively entitled thereto. new commissioners, who shall be freeholders and lawful voters which it should be performed, shall not operate to dissolve in the city and shall qualify and perform their duties in the XVIII. CHAPTER or suspend the city as a municipal corporation, or to diminish same manner as if they had been appointed in the first instance. MISCELLANEOUS PROVISIONS. or affect the city's municipal or corporate rights, powers or Civil Action to be Brought in Name of City.—Section 1. privileges, but such election may be held or such duty may Damages—How and When Paid.—Section 15. When the All civil actions to recover any penalty or forfeiture under this be performed at a subsequent time with full force and effect. and assessment award of damages to be paid for the taking charter or under any ordinance or regulations passed in pursuance Power Conferred by Charter Not a Bar to Court Proceedings.—Section of private property in any case herein provided for shall have thereof, or for any other authorized purpose, and all 14. The powers conferred by this charter upon finally confirmed been and established by the city council as prosecutions for the violation of any penal provisions in this the city council or upon any officer or officers of the citv for such aforesaid, damages so ascertained shall be paid or tendered, charter or of any ordinance or regulation adopted in pursuance the abatement or removal of nuisances or for the arrest and or deposited and set apart in the treasury of the said of this charter, shall be brought in the corporate name punishment of persons creating or maintaining the same, shall to or for the city parties entitled thereto, within one year from of the city. not operate as a bar to private actions or proceedings in the confirmation of such such assessment and award, and the land Municipal Court—Jurisdiction, Etc.—Section 2. The municipal courts to abate the same. required to be taken be shall not appropriated until such damages court of the City of International Falls shall, except as Nuisances Enumerated.'—Buildings wherein is deposited shall be paid or tendered to the parties entitled thereto, otherwise provided in this charter, have exclusive jurisdiction any greater amount of gunpowder or other explosive materials deposited and set apart for or their use as aforesaid, and in to hear, try and determine all civil actions brought to recover or agent than may be authorized by city ordinance case the city shall be unable determine to damages to whom the any pecuniary penalty provided for in this chapter not gambling houses or places, houses of ill fame or assignation' in any particular case so awarded be paid, in should or exceeding five hundred ($500.00) dollars, and all prosecutions disorderly houses, saloons or other places where traffic in case of disputed claims in relation thereto, the damages in such for the violations of the provisions of this charter or the ordinances intoxicating liquors is carried on without city license required case may be deposited by order of the city council in the district and regulations of the city to which punishment by fine therefor, and all unauthorized incumbrances or obstructions court of Koochiching County, in the same manner as or imprisonment or both is attached, with power to impose and on public streets, roads, alleys or bridges in said city, are are paid into court in similar cases, and there remain moneys enforce the prescribed penalty and all proceedings in such hereby declared public or common nuisances. the parties shall until substantiate their claims to the same cases in said municipal court shall be as prescribed by the act City Has Right of Appeal.—Section 15. The city shall have 3. "'•vJjlsf if a"~ DM* i. r-