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missioner.

regulations.

health shall extend over such city and over all grounds and property within three miles of the limits thereof. Said commissioner of health shall Powers of comhave power to enter upon and inspect any and all premises for the detection, correction or extermination of nuisances, contagious or infectious diseases, or the improvement of the sanitary condition of said premises. Inspectors of meats, milk, food and of any and all other matters and things relating to the sanitary condition of such city shall be under the control and direction of said board of health. The board of health when in session shall make rules and regulations for the conduct of its affairs Rules and and of the action of said commissioner of health and for the efficient regulation, control, direction and improvement of the health and sanitary affairs of such city embraced or coming within the juris diction, direction or control of said board of health. Said board of health shall, as from time to time required by the city council, assume control and direction of the garbage, plumbing inspection, pound master; and other similar matters relating to the health and sanitary condition of such city, and in the same manner herein before provided, make rules and regulations for the government, control and effectiveness of the same or may continue to control and direct the same under existing ordinances as may be by said city council directed. Said board of health may provide such office and office of board; employ such clerks, inspectors, assistants and deputies as the fund provided by the city council may permit, and may make rules and regulations for the government and control of such employes and define the duties, power, authority and com

clerks, inspectors, etc.

ability of missioner.

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Absence or dispensation of the same. In case of the absence, disability or inability to act as said commissioner of health, the mayor may, and he is hereby authorized and empowered to designate and appoint, subject to the approval of the council, some suitable person who shall be a physician of good standing to temporarily perform the duties of said commissioner, and such appointee shall, have and exercise the same powers and authority as said commissioner fire and police during the period for which appointed. The board of fire and police commissioners and the chief of police shall co-operate with said board in the enforcement of all ordinances of the city relating to matters within the jurisdiction of said board and as otherwise directed by the mayor and city council.

Co-operation

departments.

Amending sec.

41, chap. 12a,

Comp. Stats.,

SECTION 6. That section 41 of said act be and

1891; sec. 2348, the same is hereby amended to read as follows:

Consol. Stats.,

1891. Weights and measures; inspection of food stuffs.

Amending sec.
48, Comp.

Stats., 1891; sec.
2355, Consol.
Stats, 1891.
Viaducts.

Sec. 41. The mayor and council shall have power to regulate the weighing and measuring of hay, wood and other articles exposed for sale, and of all coal sold or delivered within the city, and to provide for, license and regulate the inspection and sale of meats, flour, poultry, fish, milk, vegetables and all other provisions or articles of food exposed or offered for sale in the city and to prescribe the weight and quality of bread exposed or offered for sale in the loaf.

SECTION 7. That section 48 of said act be and the same is hereby amended to read as follows:

Sec. 48. The mayor and council shall have power to require any railway company or companies owning or operating any railway track or tracks upon or across any public street or streets of the city, to erect, construct, reconstruct, complete

damages.

and keep in repair any viaduct or viaducts upon or along such street or streets and over or under such track or tracks, including the approaches to such viaduct or viaducts, as may be deemed and declared by the mayor and council necessary for the safety and protection of the public. Whenever any such Assessing viaduct shall be deemed and declared by ordinance necessary for the safety and protection of the public, the mayor and council shall provide for appraising, assessing and determining the damage, if any, which may be caused to any property by reason of the construction of such viaduct and its approaches. The proceedings for such purpose shall be the same as provided herein for the purpose of determining damages to property owners by reason of the grading of a street, and such damages shall be paid by the city, and may be assessed by the city council against property benefited. The width, height and strength of any such via-Character of duct and the approaches thereto, the material therefor, and the manner of construction thereof, shall be as required by the board of public works, as may be approved by the mayor and council. When two or more railroad companies own or oper- railroads. ate separate lines of track to be crossed by any such viaduct, the proportion thereof, and of the approaches thereto, to be constructed by each, or the cost to be borne by each, shall be determined by the mayor and council. It shall be the duty Duties of railrailroad company or companies upon being required as herein provided to erect, construct, reconstruct or repair any viaduct, to proceed within the time and in the manner required by the mayor and council, to erect, construct, reconstruct or re

any

of

viaducts.

Two or more

road companies; penalty

for

fallure to

perform.

pair the same, and it shall be a misdemeanor for any railroad company or companies to fail, neglect or refuse to perform such duty, and upon conviction any such company or companies shall be fined one hundred dollars ($100) and each day any such company or companies shall fail, neglect or refuse to perform such duty shall be deemed and held to be a separate and distinct offense, and in addition to the penalty herein provided any such company or companies shall be compelled by mandamus or other appropriate proceeding to erect, construct, reconstruct or repair any viaduct as may be required by ordinance as herein provided. The Viaducts built mayor and council shall also have power whenever

Mandamus.

by city.

Amending sec.

any railroad company or companies shall fail, neglect or refuse to erect, construct, reconstruct, or repair any viaduct or viaducts after having been required so to do as herein provided, to proceed with the erection, construction, reconstruction or repair of such viaduct or viaducts by contract or in such other manner as may be provided by ordinance, and assess the costs of the erection, construction, reconstruction or repair of such viaduct or viaducts against the property of the railroad company or companies required to erect, construct, reconstruct or repair the same, and such cost shall be a valid and subsisting lien against such property, and shall also be a legal indebtedness of said company or companies in favor of such city, and may be enforced and collected by suit in the proper court.

SECTION 8. That section 49, of said act be and 1891; sec. 2356, the same is hereby amended to read as follows:

49, chap. 12a, Comp. Stats.,

Consol. Stats., 1891.

Bridges; tolls.

Section 49, The mayor and council shall have power to construct any bridge declared by ordi

nance necessary and proper for the passage of railway trains, street cars or motor trains, or teams and pedestrians across any stream either adjacent to or wholly within any city of the metropolitan class at any point on such stream or within two miles from the corporate limits of such eity with such conditions and regulations concerning the use of such bridge as may be deemed proper, and shall have power to license and regulate the keeping of toll bridges within or terminating within the city for the passage of persons, teams and property over any river passing wholly or in part within or running by and adjoining the corporate limits of any such city; to fix and determine the rates of toll over any such bridge, or over the part thereof within the city, and to authorize the owner or owners of any such bridge to charge and collect the rates of toll se fixed and determined, from all persons passing over or using the same.

61, chap. 12a, Comp. Stats., 1891; sec. 2368, Consol. S.ats.,

Conduits;

have 1891
and water works;

gas works;
electric light

gas plants.

SECTION 9. That section 61 of said act be and Amending sec. the same is hereby amended to read as follows: Sec. 61. The mayor and council shall power to erect, construct, purchase, maintain operate subways or conduits, water works, works and electric light plants, either within or without the corporate limits of the city, and shall have power to fix, charge and collect a rental or compensation for the use of subways or conduits and of water, gas or electric lights furnished consumers, and to make all needful rules and regulations concerning the use of such subways, conduits, water, gas or electric lights, and to do all acts neccessary for the construction, completion, management and control of the same, including the appro

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