rules in all other respects as appeals from justices of the peace in civil suits, except that no pleadings shall be required.

SEC. 10. The common council shall have power to regulate and cause to be constructed, altered and maintained, wharves and piers, or grading and paving along the banks of the Mississippi River, and shall have and exercise the same power and control over the said river within the limits of said city, that they may possess over streets, highways and alleys, so far as such power and control may not be inconsistent with the laws of the United States or of this state. The expense of constructing, altering and maintaining such wharves, piers, grading and paving shall be paid out of the general fund of said city.

SEC. 11. The common council shall have power and authority, by a vote of three-fourths of all the members elect of said council, to grant the right of way upon, over and through any of the public streets, highways, alleys, public grounds or levees of said city, to any steam railway or horse railway company or corporation, upon such limitations and conditions as they may prescribe by ordinance.

SEC. 12. The common council shall have the power to regulate the laying of all water pipes and mains, and fixtures to be erected or laid or placed in any street, lane, alley or public way in the city of Saint Paul, by any company, corporation, or person, now or hereafter created, and it shall be the duty of such corporation, company, or person, so owning or controlling said water, and pipes and mains, on application therefor, to furnish water to the city of Saint Paul and all its departments, (in addition to its right to the same for the extinguishment of fires,) and for any other public or police purpose, at all such reasonable times and places as the common council may direct or prescribe, and also at such reasonable terms and rates as the parties may agree upon or as may be determined. by two citizens of said city, one to be chosen by the city and one by the water company or person controlling the same, and if they fail to agree, they shall select a third person, and then their decision shall be the price to be paid by said city. In no event nor under any circumstances shall said water be withheld from said city for the fire department; but if said city shall fail to pay the price fixed, the said water company or person controlling the water, or pipes, or mains, or fixtures, shall have all the remedies at law for the collection thereof; and if said water company or any company or person controlling the same shall violate any of the provisions of this section, it shall be deemed a misdemeanor; and any person acting under the order, permission, or authority of said water company who shall violate any of the provisions of this section, shall be deemed guilty of a misdemeanor and be subject to indictment, and

be punished by a fine of not more than one thousand dollars, to which may be added imprisonment in the county jail not longer than twelve months. If said city shall fail to pay said water company for the period of sixty days after due, it shall pay thereafter two per cent. per month until paid.

CHAPTER V.

THE TREASURY DEPARTMENT.

SECTION 1. The present bonded or permanent funded debt of the city shall not be increased, nor shall any new bonds of the city be issued except for now existing debts or in liquidation of or exchange for bonds heretofore issued, or except bonds heretofore authorized for sewerage purposes; Provided, That interest not provided for by taxation, may at any time be funded by bonds or otherwise, in the discretion of the common council; nor shall the city loan her credit, become a stockholder in, or make contribution or donation to any private company or corporation. The said common council shall have full power and authority to issue bonds to fund the present floating or funded indebtedness of the city, including all past due bonds with the interest due or accrued thereon, such bonds to be payable in not less than twenty years after date, with interest payable semi-annually in the city of New York or in the city of St. Paul. No bond hereafter to be issued by said city, for the above or any other purpose, shall draw more than eight per cent. interest per annum, and the common council are fully authorized and required to provide by taxation for the prompt payment of interest, and for a sinking fund sufficient to meet such bonds and all other bonds of said city at maturity, whether heretofore or hereafter to be issued. And all acts of the legislature of this state, whether heretofore or hereaf ter to be passed, authorizing an issue of bonds by said city, shall be construed to contain a provision for the payment of the interest thereon, and for a sinking fund sufficient to pay the same by taxation, unless the contrary shall be expressed in such act.

All moneys credited to the general fund of said city shall be under the control of the common council, and shall be paid out as heretofore upon the order of the mayor and clerk, countersigned by the controller, duly authorized by a vote of the common council; and all orders drawn upon the treasurer shall specify the specific purpose for which they were drawn, and shall be payable generally out of any funds in the general fund belonging to the city; but no such order shall be paid out of the bridge fund or other special fund which has been specifically pledged as

aforesaid; and such specific funds shall only be drawn out upon orders drawn upon such funds by virtue of a resolution of the common council. All orders shall be payable to the order of the person in whose favor they may be drawn, and they may be transferred by endorsement. No order on the treasury shall be drawn or issued, until there shall be funds sufficient to pay the same, together with the orders that may then be outstanding; and the controller is prohibited from countersigning any such order until there shall be sufficient funds in the treasury to meet such orders, together with the orders which may then be outstanding; Provided, That this prohibition shall not apply to orders to pay the police force, city officers and pay rolls of the street commissioners.

SEO. 3. All property real and personal, within the city, except such as may be exempt by the laws of this state, shall be subject to taxation for the support of the city government, and payment of its debts and liabilities, and the same shall be assessed in the manner provided by law. The said common council may levy an annual all property in said city taxable under the laws of this state, to and for the specific purposes following, that is to say:

tax

upon

First.-To provide for the interest on all outstanding bonds to become due during the fiscal year, and for a sinking fund sufficient to meet and pay such bonds at maturity, and the floating indebtedness of the city.

Second.-To provide for the support of the public free schools of said city.

Third. To provide a "general fund" to pay the general current and incidental expenses of the city, including salaries of officers, police, street force, fire department, lighting the city, water department, printing and stationery, and for a contingent fund not exceeding ten thousand dollars, and to provide for the preservation of the health of the city; but the amount of money to be raised for the above purposes shall only be so much as will be necessary, in addition to the amount received from licenses, fines, markets, and other incidental sources, for an economical administration of the affairs of the city, and shall not exceed ten (10) mills on the dollar of the assessed value of the taxable property of the city; and the money so raised shall not be expended for any other purpose than above stated.

Fourth.-To provide a fund for each ward therein of said city, for such improvements, repairs, or other expenses, within such ward, as may be properly ordered to be paid out of the fund of such ward, there may be levied annually a tax not exceeding four mills on the dollar of the assessed value of the property in the city. The amount of such taxes collected from real estate shall be credited to

the ward-fund of the ward from which the same was collected, and the amount of such taxes collected from personal property, shall be divided equally among the wards of said city. The common council of said city may set apart such proportion of said ward-fund as said council may deem expedient, not exceeding one-fourth thereof, as a district sewerage fund for such districts as may be situated within such ward; and said common council may also make said ward-funds respectively chargeable with the interest, or sinking fund, or prin cipal, when due, of or for any bonds which may be issued by said common council to aid in the construction of main sewers in said city to the extent in each ward that said bonds shall be issued in aid of any main sewers within said ward.

SEC. 4. The said levy shall be made by said common council on or before the first day of November of each year, and the same shall be entered upon the tax duplicates for the county of Ramsey, and collected annually in like manner as state and county taxes are collected.

SEC. 5. The county treasurer of the county of Ramsey shall pay over to the city treasurer of said city any and all taxes and moneys collected by him, or received by him for said city, on the first Monday of each and every month next after such taxes or moneys are collected or received, any general or special law of the state to the contrary notwithstanding. Immediately after the first levy of taxes under section three of this chapter, the city treasurer shall open and keep in his books separate and distinct accounts for each of the several items of taxation therein provided for; and particularly sepa rate and distinct interest and sinking fund accounts for all bonds and floating indebtedness; for the general fund, and for the ward fund, or any other special fund; and thereafter, whenever the said county treasurer shall pay over to said city treasurer any taxes belonging to said city, and collected under the levy provided for by said section three, the said city treasurer shall credit each of the said respective funds with its proportionate amount of such payment according to the tax levy for such separate fund, and the same shall remain so credited, and shall not be paid out by said treasurer except in payment of such interest, or other specific fund for which said funds shall have been levied and collected. And no ordinance, resolution, or order of the said common council, or of any committee thereof, or officer of said city, shall warrant or authorize the said treasurer to divert any of said separate funds from the legitimate purpose for which the same were collected and credited as aforesaid, or to borrow or transfer any balance or portion of one of said funds to the credit of the other, except as hereinafter provided.

SEC. 6. In all cases where the common council have heretofore or may hereafter pledge or set apart any specific source of revenue

of said city for any particular purpose, by ordinance, the said city treasurer shall open and keep in his books separate and distinct accounts of each of such revenues so pledged or set apart; and thereafter, so long as said ordinance remains in force, he shall credit all such revenues to such account, and the same shall only be paid out upon orders against the said fund, and for the particular purposes for which the same is so pledged; and no resolution of the common council or order or direction of any committee thereof, or officer of said city, shall warrant or authorize the said treasurer to divert any of said separate funds from the legitimate purposes for which the same was collected, or to borrow or transfer any balance or portion of one of said funds to the credit of the other, except as hereinafter provided. Provided, That a separate fund, created by ordinance, may be diverted to the general fund or to any other special fund by an ordinance duly enacted for that purpose; but nothing contained in this section shall be construed to affect the powers and duties of the commissioner of the interest and sinking fund of said city hereinafter provided for.

SEC. 7. It shall be the duty of the controller, in auditing and adjusting claims and accounts, as hereinbefore provided, to designate and specify upon each claim, demand and account so audited and adjusted, the particular fund out of which the same shall be paid; and the same shall not be audited or adjusted by him, or reported to the countil, until there shall be sufficient funds to the credit of the particular fund out of which the same is payable, to pay the same, as well as all other claims before that time audited and allowed against such fund. The common council may at any time, by resolution, direct the city treasurer to set aside any of the revenues of said city not specially pledged to the interest and sinking fund, nor arising from the annual tax levy, as a special fund for the purpose of paying the police force, street force, and the salaries of city officers; and thereafter, the said police and street force and city officers may be paid out of any moneys in such special fund, or out of the general fund, as the common council may direct.

SEC. 8. The city clerk shall not prepare or sign any order on the treasury, unless the requirements of section seven have been complied with by the controller; and in drawing all orders he shall designate therein the particular fund designated upon the claim by the controlier; and the controller shall not countersign auch order, unless the same shall be drawn upon the particular fund by him designated therefor.

SEC. 9. Any willful neglect or refusal on the part of the said city treasurer, the city controller, the city clerk, or the county treasurer of Ramsey county, to perform the duties required in this chapter, or any vote or act of any alderman, or of said officers, or