no other; in case of the non-attendance of the mayor at any meeting, the board of aldermen shall appoint one of their number as chairman, who shall preside at the meeting, but shall not thereby lose his right to vote on any question before the board.

SEC. 2. The mayor, or any two aldermen, may call a special meeting of the city council.

SEC. 3. The mayor shall at all times be vigilant and active in enforcing the laws and ordinances of the government of the city. He shall inspect the conduct of all subordinate officers of said city, and cause negligence or positive violation of duty to be prosecuted and punished. He shall from time to time communicate to the aldermen such information, and recommend such measures, as in his opinion may tend to the improvement of the finances, police, the health, security, and comfort, and ornament of the city.

SEC. 4. He is hereby authorized to call on every male inhabitant of said city, over the age of eighteen years, to aid in the enforcement of the laws and ordinances, and, in case of riots, to call out the militia to aid in suppressing the same, or other disorderly [conduct, preventing and extinguishing fires, for securing the] peace and safety of the city, or of carrying into effect any law or ordinance; and any person who shall not obey such call shall forfeit to said city a fine not exceeding twenty-five dollars.

SEC. 5. He shall have power, whenever he shall deem it necessary, to require of any of the officers of said city an exhibit of his books and papers.

SEC. 6. He shall have power to execute all acts that may be required of him by any ordinance made in pursuance of this act.

SEC. 7. He shall also have such power as may be vested in him by ordinance of the city in and over all places within five miles of the boundaries of the city, for the purpose of enforcing the health and quarantine ordinances of the city.

SEC. 8. He shall receive for his services, outside of the city, such compensation as may be fixed by ordinance.

SEC. 9. In case the mayor shall at any time be guilty of palpable omission of duty, or shall willfully and corruptly be guilty of oppression, malconduct, or partiality in the discharge of the duties of his

office, he shall be liable to be indicted in the district court of the proper county, and, on conviction, he shall be fined not exceeding five hundred dollars, and the court on recommendation of the jury may add to the judgment that he be removed from office.

ARTICLE VII.-OF PROCEEDINGS IN SPECIAL CASES.

SEC. I. When it shall be necessary to take private property for opening, widening, or altering any public street, lane, avenue, or alley, the corporation shall make a just compensation to the person whose property is taken; and when the amount cannot be agreed upon, the mayor shall cause the same to be ascertained by a jury of six disinterested persons, freeholders in the city.

SEC. 2. When the owners of all the property on a street, lane, avenue, or alley, proposed to be opened, widened, or altered, shall petition therefor, the city council may open, widen, or alter such street, lane, avenue, or alley, upon conditions to be prescribed by ordinance; but no compensation shall in such case be made to those whose property shall be taken, their tenants, or others; nor shall there be any assessment of benefits or damages that may accrue thereby to any of the petitioners.

SEC. 3. All jurors impaneled to inquire into the amount of benefits or damages which shall happen to the owners of property proposed to be taken for opening, widening, or altering any street, lane, avenue, or alley, shall first be sworn to that effect, and shall return to the mayor, their inquest in writing, and signed by the jurors.

SEC. 4. The mayor shall have power, for good cause shown, within ten days after inquest shall have been returned to him as aforesaid, to set aside the same and cause a new inquest to be made.

SEC. 5. The city council shall have power, by ordinance, to levy and collect a special tax on holders of lots on any street, lane, avenue, or alley, according to their respective fronts, for the purpose of paving, grading, or planking sidewalks, and lighting such street, lane, avenue, or alley: Provided, such tax shall not exceed the actual cost of said sidewalks and lighting, respectively, which tax shall be collected in the same manner as other city taxes.

ARTICLE VIII.-MISCELLANEOUS PROVISIONS.

SEC. I. The city council shall have the power, for the purpose of keeping the streets, lanes, avenues, and alleys in repair, to require

every able-bodied male inhabitant in said city, over the age of twenty-one years, to work and labor on said streets, and alleys, not exceeding one day in each year; and every person failing to work when notified by the street commissioner, shall forfeit to the city ten dollars, which may be recovered in the city courts.

SEC. 2. Members of the city council and firemen shall, during their term of service as such, be exempt from working out any road or street tax, and shall likewise be exempt from serving on juries and in the militia of this territory.

SEC. 3. The city council shall have power to provide for the punishment of offenders [who] shall fail or refuse to pay the fines and forfeitures which may be recovered against them.

SEC. 4. All fines and forfeitures collected for offenses committed, or penalties incurred, within the incorporated limits of the city of Dillon, shall be paid into the treasury of said city by the officer collecting the same.

SEC. 5. The city council shall cause to be published, annually, [an account of] all money received and expended by the corporation during the year, and on what account received and expended.

SEC. 6. The city council shall, at their first meeting after their election, proceed to elect one of their number chairman of the board, who shall, in case the police justice shall be disqualified from trying any case arising under the ordinances of the city, proceed to try said cause in the place of the police justice, and shall render his judgment in said cause, which shall have all the force and virtue as a judgment of the police magistrate of the city of Dillon.

SEC. 7. All suits, actions, and prosecutions instituted, commenced, or brought by the corporation hereby created shall be prosecuted in the name of the city of Dillon.

SEC. 8. Appeals shall be allowed from decisions in all cases arising under the provisions of this act, or any ordinance passed in pursuance thereof, to the district court, and every such appeal shall be granted in the same manner, and with like effect, as appeals are taken from and granted by justices of the peace under the laws of this territory.

SEC. 9. This act is hereby declared to be a public act, and may be read in evidence in all courts of law and equity within this territory, without proof.

SEC. 10. The city marshal, and the constable within said city of Dillon, shall be authorized and have power to execute, anywhere within the county wherein said city may be located, all processes issued by the police magistrate within said city; and the said marshal shall have power to do all the acts that a constable may lawfully do.

SEC. II. All actions brought to recover any penalty or forfeiture under this act, or any ordinance, by-law, or regulation of police, made in pursuance thereof, shall be brought in the corporate name.

SEC. 12. In all prosecutions for any violation of any ordinance or by-law of the city council, the procedure shall be the same as governs in the courts of the territory, so far as [the] same may be applicable.

SEC. 13. Execution may issue immediately upon rendition of judgment, and if the defendant have no goods or chattels or real estate within the county whereof the judgment can be collected the officers rendering such judgment may require the defendant to be confined in jail for a term not exceeding three months, and all persons so committed shall be confined one day for each five dollars of such judgment and costs; or the judge may order that they be put to work upon the streets of the city until the fine and costs be paid, allowing two dollars and fifty cents per day.

SEC. 14. The police magistrate shall have jurisdiction in all cases of violation of the city ordinances, and shall have the same jurisdiction in all civil and criminal proceedings as is now or shall hereafter be conferred upon other justices of the peace of this territory, and in all courts of this territory; said police magistrate shall be held to be a justice of the peace; but for violation of the city ordinances no change of venue shall be had to any other justice of the peace, but such change of venue may be had to the chairman of the board of councilmen.

SEC. 15. The duties of all officers mentioned in this act, not herein prescribed, shall be as prescribed by ordinance.

SEC. 16. All ordinances passed by the city council shall be signed by the mayor and attested by the city clerk; and the mayor shall have the power to veto any ordinance passed by the council, if in his opinion such ordinance should not become a law; and in case the mayor veto any ordinance, it shall not become a law until

the same shall have been passed by a two-third vote of the council.

SEC. 17. The mayor of the city, the city clerk, and one councilman shall constitute the canvassing board of the city, and whose duty it shall be to receive and canvass the votes cast at any city election held under this charter; but no person shall canvass the votes or returns of election if said person shall have been a candidate at said election; and if any or all of said board shall be so disqualified from acting other councilmen shall be called to fill such vacancy in [the] board.

SEC. 19. This charter shall be submitted to the qualified voters of the city of Dillon on the first Monday in May, A. D. 1885, at one convenient place in said city, by directions of the commissioners appointed in this act. The ballots shall have written or printed thereon the words: "For the Charter," or "Against the Charter," and if a majority of the votes so cast at this election shall be in favor of the charter, then this act shall be in full force and effect; but if a majority of the votes so cast be against the charter, then this act shall remain suspended, unless thereafter enforced as herein provided.

SEC. 20. Joseph B. Crow, Benjamin F. White, William C. Orr, Louis C. Fyhrie, George W. Dart, Leonard Eliel, and Charles L. Thamsen are hereby constituted and appointed a committee to act as commissioners, and to serve in such capacity until the first board of aldermen are duly elected and qualified. Such commissioners, or any three of them, shall, if a majority of the voters in said city vote in favor of this charter, within twenty days proceed to lay out said city into three wards, and to fix the boundaries of the same; and shall also, within said time, provide for holding the first election, and fix the place for holding [the] same in each of said wards, and shall appoint persons to act as judges and clerks of said election, who shall be sworn, and whose places may be filled, in case they do not serve, as judges and clerks in other elections. Said election shall be held and returns thereof made and certified in all respects as provided by law for members of the legislative assembly. A copy of said returns shall be immediately delivered to said commissioners, who shall canvass [the] same within three days after the receipt of [the] same; and the persons receiving the highest number of votes for any office, and the two aldermen from [for] each ward receiving the highest number, shall be declared by any four of said commissioners duly elected under this act. If two or more persons receive the same number of votes for the same office the