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summoned in their stead, until twelve be obtained. The judge shall then administer to them an oath that they shall well and truly inquire into and determine the necessity for taking the lands mentioned in the resolution, and, if found necessary, the damage occasioned thereby, and faithfully discharge their duties as jurors according to law.
Sec. 44. Under the direction of such judge the jury shall view the lands to be taken, and shall then sit before him to hear such competent evidence as shall be produced by any of the parties; and for such purpose such judge shall possess the same powers as a court in session with a jury, and if there be necessity, may adjourn the same from day to day. The jury shall render a separate, unanimous verdict, in writing, signed by them, in which they shall find whether it be necessary to take such land, or any part thereof, for such purposes, describing such as they deem necessary to be taken; and if any be found necessary to be taken, then a verdict or appraisement of damages, specifying therein the damages of each owner, and the value of the land taken from each, and the damage otherwise sustained by each by reason of the taking thereof, in estimating which they shall deduct therefrom any special benefit, if any, to be enjoyed by each from such improvement; and a majority of such jury may render such verdict or appraisement of damage, and shall sign the same. Any technical error in such verdict may be immediately corrected with the assent of the jury, and they shall thereupon be discharged, and their verdict filed by the judge. In case the jury shall fail to find a verdict another jury shall be selected, summoned, sworn, and proceed in the same manner:
Within ten days after such verdict any land owner whose land has been found necessary to be taken may appeal from the award of damages to him in such verdict to the district court, and the city may likewise appeal from the zward of damages to any owner, by filing with such judge a notice of appeal, specifying whether the appeal is from the whole award to him, or a part, and if a part, what part, and therewith an undertaking with two sufficient sureties, to be approved by the judge, to pay all costs that may be awarded against such appellant on the appeal, and paying the judge for his return thereof. Any party not so appealing shall be forever concluded by such verdict or appraisement. Upon an appeal being taken, the judge shall transmit to the clerk of the district court, within ten days, the notice of appeal and undertaking, and thereto annexed a copy of all the papers and proceedings before him with his certificate thereof. He shall, after the time for appealing has expired, file with the city clerk, annexed together, all the original papers, including the verdict, with a certificate by him thereof, and that no appeal has been taken from such verdict, except as the facts are, which he shall briefly specify, and the clerk shall record all such proceedings.
SEC. 46. Upon filing such transcript in the district court, the appeal shall be considered an action pending in such court, and be so entered, and be subject to change of venue and appeal to the supreme court." The appeal shall be tried by a jury, unless waived; and costs shall be awarded against the appellant if a more favorable verdict be not obtained, otherwise against the respondent. Upon entry of judgment, the clerk of the district court shall transmit a certified copy thereof to the city clerk.
SEC. 47. If the verdict of the jury first called find it necessary to take such land, or any part thereof, the city council may, upon return thereof to the clerk, enact an ordinance according thereto for laying out, changing, widening or extending, and opening any such street, lane, alley, public ground, square, or other public place, or constructing and opening, altering, enlarging or extending any such drains, canals or sewers, or altering, widening or straightening any such water course, or for any city use and improvement, but shall not enter upon any such land therefor, until the owner be paid in full the damages awarded him by such verdict, or appraisement, or such damages be set aside for him in the hands of the treasurer, and an order therefor lawfully executed to him be deposited with the clerk, to permanently remain subject to his order. At any time before causing any such land to be actually taken, or put to public use, and before the rendition of a judgment in the district court for damages, the city council may discontinue all proceedings theretofore taken, and the city shall, in such event, be liable for the costs only. All the costs of every such proceeding shall be paid by the city, except when it recovers costs in the district court.
SEC. 48. For the purpose of payment of the expenses, including
. all damages and costs incurred by the taking of private property, and of making any improvement mentioned in the preceding section, the city council may, by resolution, levy and assess the whole or any part, not less than half of such expenses, as a tax upon such property as they shall determine is specifically benefited thereby, making therein a list thereof, in which shall be described every lot or parcel of land so assessed, with the name of the owner thereof, if known, and the amount levied thereon set opposite. Such resolution, signed by the mayor and clerk, shall be published once in each week for two weeks, in a newspaper published regularly in such city, and a notice therewith that, at a certain time therein stated, the council will meet at their regular place of meeting and hear all objections which may be made to such assessment, or any part thereof. At the time so fixed the council shall. meet and hear all such objections, and for that purpose may adjourn from day to day, and may, by resolution, modify such assessment in whole or in part. At any time before the first day of August thereafter, any party liable may pay any such tax to the city treasurer.
SEC. 49. Upon the petition in writing of all owners of lots or lands on any street or alley in such city, and not otherwise, the city council may discontinue such street or alley, or any part thereof. At least one week before acting on such petition the council shall cause a written or printed notice to be posted in three public places in such city, stating when the petition will be acted on, and what street or alley, or part thereof, is proposed to be vacated.
SEC. 6. That there be added to article VI of the act to which
Sec this act is amendatory the following section:
SEC. 9. The mayor may grant pardons and remit fines and forfeitures for offenses against city ordinances, when, in his judgment, public justice and the welfare of the city would thereby be subserved, but he shall report all such cases, with the reasons for the exercise of his clemency, to the city council at its first meeting after he shall have so extended clemency in any case; and he shall have control over the city marshal and all policemen and night watchmen in the city.
SEC. 7. That sections 1, 6, 7, 10, 16, 20, 22, of article VII, of the act to which this act is amendatory, be amended so as to read as follows:
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 and under forty-five years, to labor on said streets, lanes, avenues, and alleys, not exceeding one day in each and every year, and every person failing to perform such labor, when duly notified, shall forfeit and pay three dollars for said day so neglected or refused, to be used in improving the public streets.
Sec. 6. After the passage of said ordinance, by such vote, the same shall be published in a city newspaper, for at least one week, if daily, and two weeks, if weekly, together with a notice that the same will be submitted to a vote of the tax paying real estate holders of said city, on a day and at a place to be named, which election shall be conducted as is provided for, and the ballots shall be "For section of an ordinance entitled (giving title)” or “Against section of an ordinance entitled (giving title);" and if two-thirds of said voters shall approve the same the said ordinance shall be in force, but if not approved the same shall be void.
Sec. 7. The city council shall provide the detailed method of conducting such elections, not inconsistent with this act.
SEC. 10. The city council shall cause to be published, annually, in a newspaper of said city, a general statement of the finances of said city, showing in condensed form what moneys have been received, and from what source, and the amount and purpose for which moneys have been paid out or expended. The books of the city assessor and treasurer shall be open, at all proper hours, to the inspection of any tax payer of said city, or other person.
SEC. 16. The city marshal, and such policemen and night watchmen as may be appointed within said city, shall be authorized to execute all processes issued by the police magistrate, and to perform all duties pertaining to their office.
SEC. 20. The police magistrate shall have jurisdiction in all cases of violation of city ordinances.
SEC. 22. There shall be a police magistrate, city attorney, a city clerk, city assessor, a city treasurer, a city collector, a city marshal, and such other officers as may be necessary and required. The police magistrate shall have the exclusive jurisdiction of all offenses against the ordinances of the city. The city attorney, city assessor, city clerk, city treasurer, city collector, and city marshal shall severally discharge the duties usually pertaining to said offices, respectively, and the manner thereof may be prescribed by ordinance. Such other officers as may be appointed shall perform such duties as may be prescribed by ordinance. One and the same person may hold several offices.
SEC. 8. All acts or parts of acts, in conflict with this act, are hereby repealed.
SEC. 9. This act to take effect from and after its passage.
Approved March 10, 1885.
AN ACT to amend an act entitled "An act to incorporate the city of Helena," approved
February 22, 1881.
Be it enacted by the Legislative Assembly of the Territory of
That section 33 of article 5, of an act entitled "An act to incorporate the city of Helena," approved February 22, 1881, be amended so as to read as follows:
Sec. 33. The city council shall have power to make all ordinances which shall be necessary and proper for carrying into execution powers specified in this act: Provided, that no ordinance shall take effect until it has first been presented to the mayor for his approval; if he approves, he shall sign it; but if not, he shall return it to the council, or to the city clerk, if the council be not in session, with his objections thereto, in writing. The council shall at its next meeting after the return of any such ordinance cause the objections of the mayor thereto to be spread at length upon its journal, and shall proceed to reconsider it. If after such reconsideration twothirds of the council shall vote to pass such ordinance, the same shall take effect and be in force, the mayor's objections thereto notwithstanding; but in all such cases the votes shall be by yeas and nays, and the names of the persons voting for or against the ordinance shall be entered on the journal. If any ordinance is not returned by the mayor or filed with the city clerk within two days, Sundays excluded, after he shall have received it, the said ordinance shall take effect and be in force in like manner as if he had signed it. No appropriation for city expenses or improvements exceeding in amount the sum of five hundred dollars shall be made except by ordinance duly passed, as above provided, except that an ordinance which only makes appropriations, and extends to no other subject, need not be posted, as required by section 35 of this article, before the same shall take effect. If an ordinance so passed contain several appropriations the mayor may approve as to some of the items thereof, and disapprove as to others.
That there be added to said article 5 of this act, to which this is amendatory, the following section, to be numbered section
SEC. 37. The city council shall have power at its first meeting after the passage of this act, and annually thereafter at its first meeting after the first day of April of each year, to elect one of its members chairman, who, in the absence of the mayor, shall preside at