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§ 4343. County charges to be audited. [Repealed 1907; Stats. 1907, p. 354.]

Presenting accounts for county charges to be audited: See ante, 88 1074-4079.

Legislation § 4343. 1. Enacted March 12, 1872. 2. Repealed by Stats. 1907, p. 354. See ante, Legislation Title II.

§ 4344. Enumeration of county charges. [Repealed 1907; Stats. 1907, p. 354.]

Legislation & 4344. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1880, p. 104. 3. Repealed by Stats. 1907, p. 351. See ante, Legislation Title II.

§ 4345. Costs on removal of criminal actions. [Repealed 1907; Stats. 1907, p. 354.]

Legislation § 4345. 1. Added by Code Amdts. 1873–74, p. 175. 2. Repealed by Stats. 1907, p. 354. See ante, Legislation Title II.

§ 4346. Proceedings in collection of such costs. [Repealed 1907; Stats. 1907, p. 354.]

Legislation § 4346. 1. Added by Code Amdts. 1873–74, p. 175. 2. Repealed by Stats. 1907, p. 354. See ante, Legislation Title II.

§ 4347. Actions to which such provisions apply. [Repealed 1907; Stats. 1907, p. 354.]

Legislation & 4347. 1. Added by Code Amdts. 1873–74, p. 176. 2. Repealed by Stats. 1907, p. 354. See ante, Legislation Title II.

§ 4348. Officers entitled to fees. Compensation of supervisors. [Repealed 1907; Stats. 1907, p. 354.]

Legislation § 4348. 1. Added by Code Amdts. 1880, p. 101. 2. Repealed by Stats. 1907, p. 351. See ante, Legislation Title II.

TITLE III.

The Government of Cities.
Chapter I. Cities as Bodies Corporate. $$ 4354-4374.

II. Executive Powers. $$ 4385-4393.
III. Legislative Powers. $$ 4403-4414.
IV. Judicial Powers. $$ 4424-4432.
V. Certain Statutes Relating to Cities and Towns and Existing

Corporations, Continued. $ 4442.
VI. Funding and Refunding of City Indebtedness. $$ 4443-4449.

CHAPTER I.

Cities as Bodies Corporate. 4354. General powers. 8 4355. Distribution of powers. $ 4356. City declared by legislature. § 4357. Boundaries, how changed. 8 4358. Petition to supervisors. [Repealed.] § 4359. Undertaking for expenses of election. [Repealed.] § 4360. Supervisors to order an election. [Repealed.] § 4361. Notice of election, etc. [Repealed.] § 4362. Ordinance approving such annexation. [Repealed.] $ 4363. Order of supervisors, etc. [Repealed.] $ 4364. Expenses of election, how paid. [Repealed.] $ 4365, Certified copy of order to be transmitted to secretary of state and

county recorder. [Repealed.] $ 1366. Act to fix time of the first election, 8 4367. First election, when and how held. § 4368. Who are city electors. § 4369. Common council to provide for election and appointment of city

officers. $ 4370. Elective officers of cities. § 4371. Direct taxes limited. $ 4372. Condemnation of private property for city use. § 4373. Vacancies in office. $ 4374. Official oaths and bonds.

§ 4354. General powers. A city is a body politic and corporate, with the general powers of a corporation, and the powers specified or necessarily implied in this title or in special laws.

City, what constitutes: Post, $ 4356.

Municipal Corporation Act: See Gen. Laws, tit. “Municipal Corporations," Act 2348.

Legislation § 4354. Enacted March 12, 1872. § 4355. Distribution of powers. Every city has legislative, executive, and judicial power. Its legislative power is vested in a common council; its executive power in a mayor and his subordinate officers; and its judicial power in a police court.

Executive officers of city: See post, $ 4385.

Legislation § 4355. Enacted March 12, 1872. § 4356. City declared by legislature. Every subdivision of a county not exceeding in extent six square miles, with not less than two thousand

inhabitants, with its metes and bounds fixed and defined, and declared by act of the legislature to be a “municipal corporation," is a city with the powers conferred by this title.

Powers of supervisors: See post, $ 4408.
Liability of municipal corporations for riots: See post, $ 4452.

Classification of cities, acts relating to: See Gen. Laws, tit. “Municipal Corporations."

Legislation § 4356. Enacted March 12, 1872. § 4357. Boundaries, how changed. The boundary of a city may be changed by an act of the legislature, on petition of a majority of the common council, presented in pursuance of a city ordinance, or, as hereinafter provideıl, by the board of supervisors.

Acts relative to changing boundaries of cities: See Gen. Laws, tit. "Municipal Corporations," Acts 2318, $ 7, 2373-2375, 2377, 2379. Legislation § 4357. Enacted March 12,

1872. § 4358. Petition to supervisors. [Repealed 1874; Code Amdts. 1873-74, p. 177.]

Legislation & 4358. 1. Enacted March 12, 1872. 2. Repealed by Code Amdts. 1873–74, p. 177.

§ 4359. Undertaking for expenses of election. [Repealed 1874; Code Amdts. 1873-74, p. 177.]

Legislation § 4359. 1. Enacted March 12, 1872. 2. Repealed by Code Amdts. 1873–74, p. 177.

§ 4360. Supervisors to order an election. [Repealed 1874; Code Amdts. 1873–74, p. 177.]

Legislation § 4360. 1. Enacted March 12, 1872. 2. Repealed by Code Amdts. 1873–74, p. 177.

§ 4361. Notice of election, etc. [Repealed 1874; Code Amdts. 1873–74, p. 177.]

Legislation § 4361. 1. Enacted March 12, 1872. 3. Repealed by Code Amdts. 1873–74, p. 177.

§ 4362. Ordinance approving such annexation. [Repealed 1874; Code Amdts. 1873–74, p. 177.]

Legislation § 4362. 1. Enacted March 12, 1872. 2. Repealed by Code Amdts. 1873–74, p. 177.

§ 4363. Order of supervisors, etc. [Repealed 1874; Code Amdts. 1873–74, p. 177.]

Legislation § 4363. 1. Enacted March 12, 1872. 2. Repealed by Code Amdts. 1873–74, p. 177.

§ 4364. Expenses of election, how paid. [Repealed 1874; Code Amdts. 1873–74, p. 177.]

Legislation § 4364. 1. Enacted March 12, 1872. 2. Repealed by Code Amdts. 1873–74, p. 177.

§ 4365. Certified copy of order to be transmitted to secretary of state and county recorder. [Repealed 1874; Code Amdts. 1873–74, p.

Legislation & 1365. 1. Enacted March 12, 1872. 2. Repealed by Code Amats. 1873–74, p. 177.

§ 4366. Act to fix time of the first election. The act of the legislature declaring a city to be a “municipal corporation" must fix a day for the first election of city officers, and fix the number of members of the "common council” to be elected for the first year.

Act validating incorporation of cities: See Gen. Laws, tit. "Municipal Corporations,” Acts 2331, 2354, 2355.

Legislation § 4366. Enacted March 12, 1872. § 4367. First election, when and how held. Notice of the first election of city officers must be given by the county judge of the county, by publishing the same in a newspaper published in the city for four weeks successively, designating the officers to be elected, the polling places, and the officers of election. The returns must be made to the county judge, who must count and declare the vote, and issue certificates of election.

Legislation & 4367. Enacted March 12, 1872. § 4368. Who are city electors. The qualified electors of the city who have resided within the city limits for thirty days next preceding the election are qualified to vote at all city elections.

Legislation & 4368. Enacted March 12, 1872. § 4369. Common council to provide for election and appointment of city officers. The common council must, during the first year, by ordinance, fix the term of office of all elective officers and the time when they must be elected, and provide for the appointment of other necessary officers, including city clerk, city attorney, and treasurer, and fix their terms and amount of their bonds. (Amendment approved 1874; Code Amdts. 1873–74, p. 57.]

Legislation § 4369. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1873–74, p. 57.

§ 4370. Elective officers of cities. The elective officers of cities are: A mayor, a marshal, a police judge, assessor and collector of taxes, and a common council consisting of not less than three members. They must be electors of the city, and qualify by taking the statutory oath of office, and, except the first officers elected, hold office for a term to be fixed by the common council, not exceeding two years. [Amendment approved 1874; Code Amdts. 1873-74, p. 58.]

Member of common council: See post, $ 4103.
Qualifications of police judges: See post, $ 4424.

Legislation § 4370. 1. Enacted March 12, 1872. 2. Amended by
Code Amdts. 1873–74, p. 58.

§ 4371. Direct taxes limited. The direct taxes imposed by the common council in any one year must not exceed two per centum of the valuation of property within the city.

Legislation § 4371. Enacted March 12, 1872. § 4372. Condemnation of private property for city use. Whenever it becomes necessary for the city to take private property for the purposes of laying out or altering streets or alleys, and the council cannot agree with the owner thereof as to the price to be paid, the council may direct

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proceedings to be taken under title seven, part three of the Code of Civil Procedure, to procure the same.

Eminent domain: Code Civ. Proc., $8 1237–1263.

Legislation § 4372. Enacted March 12, 1872. § 4373. Vacancies in office. If any person elected to a city office removes from the city, absents himself for more than thirty days without leave from the council, or fails to qualify within ten days after election, his office is vacant.

Legislation § 4373. Enacted March 12, 1872; based on Stats. 1850, p. 91, $ 33.

§ 4374. Official oaths and bonds. All city officers, before entering upon their duties, must take the oath of office. The marshal, attorney, clerk, assessor, collector, and treasurer must also give a bond, with sureties to be approved by the mayor, payable to the corporation by its corpo. rate name, in such penalty as may be prescribed by ordinance, conditioned for the faithful performance of the duties of their office; and a like bond may be required of any officer whose office is created by an ordi

Should the bond of any city officer become insufficient, he may be required to give additional bond, and, upon his failure so to do, his office must be deemed vacant. (Amendment approved 1874; Code Amdts. 1873–74, p. 58.]

Legislation & 4374. 1. Enacted March 12, 1872; based on Stats. 1850, p. 91, $ 30. 2. Amended by Code Amdts. 1873–74, p. 58.

nance.

CHAPTER II.

Executive Powers.
$ 138.5. Executive officers of a city.
$ 1386.

Powers of mayor.
8 4387. Accounts and demands, how audited and paid.
§ 4388. Mayor president of the common council.
$ 4389. Duties of city marshal.
§ 4390

Duties of assessor.
$ 4391. Duties of city attorney.
8 4392. Duties of treasurer.

§ 4393. Duties of clerk. § 1385. Executive officers of a city. The exerutive officers of a city are the mayor, marshal, and such officers for the assessment, collection, auditing, safe-keeping, and disbursing the revenue and keeping the records and journals of the city, as the common council may provide.

Executive officers of city: See ante, $ 4355.

Legislation § 4385. Enacted March 12, 1872. § 1386. Powers of mayor. The mayor has power:

First-To nominate, and with the consent of the common council, to appoint all non-elective officers of the city provided for by the common council, including city attorney, secretary of the council, and city treas

urer.

Second—To suspend, and with the consent of the common couneil, to remove any non-elected officer, stating in the suspension or removal the cause thereof,

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