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by the city, and of the payment and cancellation of all bonds of the city, and shall see that all bonds, upon payment thereof, are properly cancelled and destroyed.

He shall also perform such other duties as may be required by ordinance, and he shall devote his entire time to the duties of his office. Sec. 111. It shall be the duty of the city attor-City

attorney, ney to attend all cases in any court in this state, except the police court, wherein the city may be a party plaintiff or defendant, or a party in interest; to advise the city council, or any committee thereof, in writing, when required, as to all legal questions that may arise before them; to advise the mayor, and all other officers, in relation to their duties, and from time to time make such reports in relation to the suits in which the city is interested as may be required by the mayor or city council, and to perform such other duties not inconsistent with the duties imposed by this act as the city council may by ordinance direct.

Sec. 112. It shall be the duty of the assistant Assistant city city attorney to attend the session of the police court, and to prosecute all offenders against the ordinances of the city, or the laws of the state, who may be brought before said court, and he shall be active and vigilant in the enforcement of all ordinances of the city, and shall cause all violations of the ordinances of the city to be prosecuted.

He shall also perform such other duties as may be prescribed by ordinance, and when called upon by the city attorney shall render him such assist

duties of.

All improvements shall be donc by contract.

Shall be done hy day's work when.

Acceptance of public works hy city engineer.

ance in any matter relating to the interest of the city as may be required.

Sec. 113. All grading, paving, macadamizing, curbing, or guttering of any streets, avenues, or alleys in the city for which, or any part thereof, a special tax shall be levied shall be done by contract with the lowest responsible bidder;

Provided, That whenever the property owners, representing a majority of the property in any paving district, or along that portion of any street, avenue, or alley to be improved, shall petition the mayor and council to have such grading, paving, macadamizing, curbing, or guttering done by day's work, the same shall be done under the direction and supervision of the board of public works.

SEC. 114. When any improvement mentioned in this act is completed according to contract it shall be the duty of the city engineer to carefully inspect the same, and if the improvement is found to be properly done, such engineer shall accept the the same, and forthwith report his acceptance thereof for the confirmation or rejection of the board of public works and city council, who may confirm or reject such acceptance. When the contract for such work provides for the acceptance thereof, in front of or along any block or piece of ground, the engineer may accept the same in sections from time to time, if found to be done according to contract, reporting his acceptance as in other ccses.

Provided, Nothing in this act contained shall be construed to interfere with, or affect contracts of such cities for public works now existing, and all

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such contracts shall be governed by the acts and ordinances now existing at the time they were made.

SEC. 115. On written petition of not less than street sprinkone-half of the owners of feet front of the land fronting on any street or any specified part thereof, the mayor and council may order such street or specified part thereof to be sprinkled with water at such time or times as the council may deem proper. Such sprinkling shall be done by contract awarded to the lowest bidder in each case, or for the entire city or specified district thereof. To pay the ex- Expenses of, pense of such sprinkling the council may make special assessments on the lands abutting on such street or specified part thereof, either on the valuation thereof as listed for taxation, or by foot front. Such assessment shall be a lien on the lands charged from the time the council determines the amount assessed against each parcel of land and shall be collected as special taxes.

SEC. 116. The mayor and council of any city Establishment governed by this act shall Jhave power by ordi- and Council nance to establish the grade of any street, avenue, or alley in the city; and when the grade of any street, avenue, or alley shall have been heretofore established, or when the grade of any street, avenue, or alley shall be established and approved as herein provided, "the grade of no street or part of a street shall be changed unless the consent in writ-Same, change ing is first obtained of the owners of lots or lands abatting upon the street or part of the street where such change of grade is to be made who represents

of.

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a majority of the feet front thereon," and not then until the damages to property owners which may be caused by such change of grade shall have been assessed and determined by three disinterested freeholders who shall be appointed by the mayor and council for that purpose, who shall make such appraisement, taking into consideration the benefits, if any, to such property, and file their report with the city clerk; and the amount of damages so assesed shall be tendered to such property owners or their agents as soon as the funds for that purpose are obtained from the assessments of such damages upon property benefited by reason of such change of grade, or otherwise realized, provided that no street, avenue, or alley shall be worked to such change of grade until the damages so assessed shall be tendered to such property owners or their agents.

SEC. 117. Before any street, avenue, or alley ascertained. shall be ordered graded, the damages, if any, by

reason of such grading to property along that por-
tion of the street proposed to be graded, including
approaches thereto, shall first be ascertained and
determined by three disinterested freeholders, who
shall be appointed by the mayor and council for
that
purpose,

who shall make such appraisement, taking into consideration the benefits, if any,

to such property, and who shall exclude any damages resulting from any change or changes of the original or first established grade, and the amount of damages so assessed, unless an appeal is taken, shall be due and payable to such property owners,

Damages of

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or their agents, .in sixty days after the completion and acceptance of such work of grading.

SEC. 118. Whenever it shall become necessary of private proto appropriate private property for the use of the damages. city for streets, alleys, avenues, sewers, public squares, gas-works, waterworks, or such other purpose authorized by this act, and such appropriation shall be declared necessary by ordinance, the mayor, with the approval of the council, shall appoint three disinterested freeholders of the city, who, after being duly sworn to perform the duties of their appointment with fidelity and impartiality, shall assess the damage to the owners of the property, respectively, taken by such appropriation. Such assessment shall be reported to the council for confirmation, and if the same shall be confirmed, the damages so assessed shall be paid to the owners of such property, or deposited with the city treasurer, subject to the order of such owners respectively; after which such property may, at any time, be taken for the use of the city. If the assessment be not confirmed by the council, proceedings may be taken anew to assess the damages.

Sec. 119. The council shall have power, and is Damages hereby authorized, to assess the damages awarded assessment on or recovered for grading, change of grade, or for benefited. the appropriation of private property, upon the lots and lands benefited, which shall abut or be adjacent to the street, avenue, or alley graded, or for the opening, extending, or widening of which private property shall be appropriated, or on which

awarded shall

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