City Judge, and be entitled to his fees and emoluments therefor. The Mayor or City Judge shall be entitled to the same fees as Justices of the Peace. In case of vacancy in the office of Mayor or City Judge, by death, resignation, or otherwise, the Council shall cause his docket to be placed in the hands of some Justice of the Peace in said city, who shall act as and have all the judicial powers and authority of such Mayor or City Judge, until the vacancy can be supplied by special election; and the official bond of such Justice shall embrace all his official acts in such capacity: Provided, That all fees herein provided for the Mayor or City Judge shall be paid to such Mayor or City Judge for the use and benefit of such city; which fees the Mayor or City Judge shall pay into the city treasury, once in every three months, for the benefit of the general funds of said city. The Mayor or City Judge shall draw no salary from the city treasury until he shall have filed with the City Clerk or Auditor a relinquishment and transfer to such city of all taxable fees allowed him by law in cases cognizable before him for alleged violations of the ordinances or by-laws of such city. In any city containing a population of less than ten thousand, the Mayor may, at any time, with the consent of the Common Council, deposit his docket with any Justice of the Peace of such city, who shall thereupon act as, and have all the judicial powers and authority of such Mayor during such time as the Mayor may continue such docket in the hands of such Justice.

3064. Suits by city, what averments unnecessary. 89. Whenever any suit shall be instituted by such city, it shall not be necessary to aver its corporate organization or the publication of its by-laws or ordinances, unless the same is contradicted by affidavit.

3065. Suits against railroads - Process- Judgment. 91. In all prosecutions against any railroad or other incorporated company for the violation of any ordinance of the Common Council of any city, a summons may issue against the company and may be served on the president, superintendent, secretary, treasurer, station agent, or general agent; and, upon the trial of the cause, judgment may be rendered against the railroad company for such penalty as may be adjudged; or the conductors or other agents of the company guilty of the violations may be arrested by warrant, and may be proceeded against personally as in other cases.

3066. Actions for penalties. 19. All actions brought to recover any penalty or forfeiture incurred under this Act, or ordinances made in pursuance thereof, shall be brought in the corporate name of such city. The process in every such action shall be a warrant; and the person named in such warrant shall be arrested, and retained in custody, or under reason. able recognizance, until the next sitting of the City Court; and it shall not be necessary to file with the affidavit or complaint a copy of the ordinance or section thereof charged to have been violated, but it shall be sufficient to recite in the affidavit or complaint the number of the section charged to have been violated, with the date of its adoption; nor shall it be necessary to copy any part of the affidavit, complaint, or other pleadings in the record of the cause: Provided, That the Mayor shall note upon his docket the parties to the action, the title to the cause, the filing of the complaint or affidavit, the issuing and return of process, and the judgment and proceed ings had in the cause, and the satisfaction of judgment when paid.

1. Suits under this section are civil actions.— Greensburg v. Corwin, 58 Ind. 518.

3067. Imprisonment-Stay. 20. If the penalty or forfeiture in which judgment is obtained be not paid or replevied, the defendant may be committed, for any period not exceeding thirty days, to the work-house of such city, or, if such city have no work-house, then to the county prison of the county in which such city is situated; and in the latter case, it shall be the duty of the person having charge of such prison to receive such defendant and obey the judgment of the City Judge's or Mayor's Court in reference to him or her. And in default of payment or replevy of such judgment and costs, the defendant, unless a female, may be adjudged and required to pay the same by manual labor in said work-house, or on the street or other public works of said city, under the control of the Street Commissioner or Marshal of such city; for which labor such defendant shall be allowed, on such judgment and costs, seventy-five cents per day. It shall be the duty of such Street Commissioner or Marshal, or such other officer as the Common Council may direct, to work such defendant not less than six nor more than ten hours per day, according to the season, and each evening to return him to the custody of the keeper of such prison or work-house. Upon the full payment, as aforesaid, of the judgment and costs, such defendant shall be fully discharged. And such Street Commissioner or Marshal is hereby authorized and required to perform all the duties herein prescribed, and to use all proper means thereto; and the Common Council are hereby vested with full authority to pass by-laws and ordinances for the purpose of compelling the enforcement of such manual labor by such defendant, by the use of sufficient force and means as they may deem right and proper. The keeper of such prison or work-house shall receive for the keeping, custody, and boarding of said defendant fifty cents per day, to be paid by such city upon the presentation of an itemized account therefor; and he shall receive only one commitment and one discharging fee. And such defendant may, at any time, replevy and pay such judgment and costs; and in case he has performed labor under such judgment, he shall be entitled to a credit for the same to the amount of labor performed, and the balance may be paid or replevied as aforesaid.

1. Under this section, imprisonment is not imposed as a penalty, but as a means of enforcing payment. An appeal does not lie to the Supreme Court in such cases, when the penalty does not exceed ten dollars.- Quigley v. Aurora, 50 Ind. 28. 2. The city is not liable for the payment of docket-fees of the City Attorney, in cases under this section.- Tuley v. Logansport, 53 Ind. 508.

3068. Clerk's duties-Evidence-Fees. 21. The Clerk shall have the custody of all books and papers belonging to such municipal corporation. He shall make record of all proceedings of the Common Council, whose meetings it shall be his duty to attend. He shall countersign and register all licenses and permits, and all other official papers of the Common Council directing acts to be done or duties performed; and he shall do all other things required by the Common Council and pertaining to his office. Copies of papers and transcripts from the records, certified by him under the corporate seal, shall be evidence of the matters therein contained in all Courts of this State; and he shall be entitled to receive therefor, except when otherwise ordered by the Common Council, the same fees that are allowed to the Clerk of the Circuit Court for similar services. 3069. Orders-Clerk's duties. 22. The Clerk shall draw all orders upon the treasury of such city, which shall be signed by the Mayor and

countersigned by him; but no order shall be drawn upon the treasury except upon an allowance made by the Common Council, or when the same is fixed by law or the ordinances of such city. He shall keep a register of orders and a register of receipts issued or received by him, so that no two receipts or orders shall bear the same number; the said books, to be styled a "Register of Orders" and a "Register of Receipts," shall be furnished. by the Common Council at the expense of the city. He shall properly file and keep documents belonging to said city and appertaining to his office; and deliver the same, with all other things belonging to his office, to his successor, as soon as such successor is qualified. The Clerk shall, in proper books to be furnished him, open separate accounts for special and eral funds, expenditures, salaries of officers, contracts for work, or other service done for the city, exhibiting therein all receipts, disbursements, and appropriations upon each account, and the whole amount of receipts and expenditures in one general account.

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3070. Duplicate tax-list. 23. The Clerk shall, annually, between the first Monday of June and the fifteenth of November, make out a duplicate. list of taxes assessed in such incorporated city in the same manner that du plicate lists of taxes are made out by County Auditors, and shall cause a copy of such duplicate list to be delivered to the City Treasurer on or before the fifteenth day of November of each year; and in all matters pertaining to the making up of such duplicate tax-lists, and the assessment of taxes thereon, and in the manner of entering property returned delinquent for taxes, he shall be governed by the laws defining the duties of County Auditors, so far as the same may be applicable, and not otherwise herein provided; and he shall deliver the same, with a warrant, under the corporate seal of said city, attached thereto, to the Treasurer of said city, directing him that of the goods and chattels of all and every person named in said duplicate, and of all persons whose names may be added thereto by him, he shall cause to be made, by distress and sale if necessary, the amount of tax charged against each of said persons named in said duplicate, and make report of his doings in the premises by the third Monday in March next following, and make full return, report, and final settlement thereof by the first Monday of August next following.

3071. Assessor's duties. 24. Each City Assessor shall, on or before the first Monday in June of each year, unless otherwise directed by the Common Council, make and deliver to the City Clerk of his city, in tabular form and alphabetical order, a list or lists of the names of all persons, companies, or corporations in whose names any personal property, moneys, credits, or other taxables shall have been by him listed in his city; on which list or lists he shall enter separately, in appropriate columns, opposite each name, the several species of personal property and taxables required by law to be taxed for State and county purposes, as attested by the person required to list the same, or as determined by the Assessor; and he shall also make a separate list of such other property or thing as the Common Council in their ordinances direct to be specially taxed; the columns shall be accurately added up. And in every case where any person whose duty it is made by law to list any personal property or other taxables for taxation for the State and county purposes shall refuse to make out and return the lists of personal property and taxables, the Assessor shall enter, in an appropriate column, the words "refused to list "; and in every case where

the person required to list personal property for taxation shall refuse to take and subscribe the oath or affirmation required of him by this Act in regard to the truth of his statement, the Assessor shall enter, in an appropriate column, the words "refused to swear"; and in every case where any person required to list property for taxation shall have been absent, or unable from sickness to list the same, the Assessor shall enter opposite his name the word "absent" or "sick.' Said assessment shall be completed at the time above indicated, and return made thereof to the Clerk of the city, unless, by an order of the Common Council, further time be given him. He may, with the concurrence of the Common Council, appoint one or more assistants, who shall be sworn, in like manner as other officers, to well and faithfully perform the duties thereof. Such Assessor and assistants shall have the same powers, and be subject to the same provisions of the same laws as the Assessor of personal property for State and county purposes. But if, at any time, any town or city adopting this Act shall have no Assessor except the one elected on the first Tuesday in May as aforesaid, then it shall be lawful for the Common Council to appoint an Assessor, who shall qualify as if elected, and shall assess for the year com'mencing on the first Monday in January next preceding such appointment; and the Assessor elected at a regular election as aforesaid shall assess, as herein required, for the year commencing on the first day of January following such election. Such Assessor shall, at the time he is required by this Act to make return of taxable property to the City Clerk, also deliver to him all the statements of property which he shall have received from persons required to list the same, arranged in alphabetical order, corresponding with his list or lists, and the Clerk shall carefully preserve the same in his office.

3072. Assessor's duties. 25. Each City Assessor shall annually (except when the real estate is appraised), at the time of taking lists of personal property, also take a list of all real estate situate in his city that shall have become subject to taxation since the last previous listing of property therein, with the value thereof, estimated agreeably to the laws regulating the duties of appraisers of real estate; and all new improvements, buildings, or other structures of any kind, the value of which shall not have been previously added to or included in the valuation of the lands on which such improvements have been made or structures erected; and shall make return thereof to the City Clerk at the same time that he is required by this Act to make return of personal property; in which return he shall set forth the parcel of real property on which each of such improvements shall have been made or structures erected, and the true value added to such parcel of real estate by the making of such improvement or the erection of such structure. And the additional sum which it is believed the land on which the improvement shall have been made or structure erected will sell for at private sale, in consequence thereof, shall be considered the value of such improvement or structure. And in case of destruction by fire, flood, or otherwise, of any improvement, building, or structure of any kind which shall have been made or erected previous to the last valuation of the land on which the same shall have been added to any former valuation of such land, the Assessor shall determine, as nearly as practicable, how much less such land would sell for at private sale in consequence of such destruction, and make return thereof to the City

Clerk, as in this section before provided in relation to improvements made or structures erected.

3073. Civil-Engineer's duties. 27. The Civil Engineer shall prepare plans, specifications, and estimates, when thereunto directed by the Common Council, of proposed public improvements, and shall superintend the opening of streets and the preservation of the true lines thereof, and perform all other duties appertaining to his office when directed by the Com mon Council. And such Engineer shall have exclusive jurisdiction to survey, determine, establish, and perpetuate the lines and corners of all lots, blocks, parcels of land, and subdivisions thereof, within the limits of such city. He shall make a record of all such surveys, as the County Surveyor is now required to do; and such record, or certified copies thereof, shall have the same force and effect as the record of surveys made by the County Surveyor has; and from all such surveys an appeal may be taken, as provided for appeals from surveys made by the County Surveyor: Provided, That when the city authorities have once established the grade of any street or alley in the city, such grade shall not be changed until the damages oc casioned by such change shall have been assessed and tendered to the parties injured or affected by such change, and such damages shall be collected by the city from the party or parties asking such change of grade in the manner provided for the collection of street improvements.

1. Under this section, when the city has once established the grade of a street or alley, it can not be changed until damages have been assessed and tendered.-Logansport v. Pollard, 50 Ind. 151.

3074. Street Commissioner's duties. 28. It shall be the duty of the Street Commissioner, under the direction of the Common Council, to superintend the streets, alleys, market-places, landings; the construction, repairing, cleaning, and lighting the same; the building of sewers and drains; the purchase of the necessary implements of labor, and the employment of laborers; and shall perform all the other duties incident to his office: Provided, He shall have no power to contract for any debt or liability against the city, unless specially authorized so to do by an order, resolution, or ordinance of the Common Council, made in accordance with the powers vested in such Council by this Act.

1. While a Street Commissioner remains in office, the City Council can not devolve his duties upon another.-- Mitchell v. Wiles, 59 Ind. 364.

3075. Marshal's duties and powers. 29. The Marshal shall be the chief ministerial officer of the corporation. He shall be a conservator of the peace within his city, and shall arrest, without process, all persons who, within his view, shall commit any crime or misdemeanor or violate any ordinance of such city, take them before the Mayor or other officer having jurisdiction of the offense with which such person is charged, and detain them in custody until the cause of such arrest has been investigated; suppress all breaches of the peace within his knowledge, hereby giving to him authority to call to his aid the power of the city; pursue and commit to jail all felons and persons guilty of misdemeanors or violations of the ordinances of such city. He shall execute and return all process directed to him by the Mayor or City Judge, or by order of the Common Council, either in person or by deputy; attend upon and preserve order in the Mayor's Court and in Justice's Court within his city, in all cases wherein he has served the writ or process to bring such party into Court; and, in addition to the powers