ments and officers, shall draw up ordinances, leases, deeds, contracts or other legal papers for such city and its various departments when requested to do so by the proper officer, shall be the custodian of the papers properly appertaining to his office, and shall turn the same over to his successor in office. He shall conduct all legal proceedings authorized by this act, and all appeals of every nature whatsoever in which such city or the public shall have an interest, shall make all searches and examine all abstracts of title required in opening, widening or changing any street, alley or public place, or required in any public work of any kind. In cities of the first class, the city attorney shall receive an annual salary of four thousand dollars, which may be increased by ordinance to any amount not exceeding five thousand dollars; in cities. of the second class, the annual salary of the city attorney shall be two thousand dollars, which may be increased by ordinance to any amount not exceeding three thousand dollars; in cities of the third class, the annual salary of the city attorney shall be fifteen hundred dollars, which may be increased by ordinance to any amount not exceeding two thousand dollars; in cities of the fourth class, the annual salary of the city attorney shall be fixed by ordinance in any amount not exceeding fifteen hundred dollars; and, in cities of the fifth class, the annual salary of the city attorney shall be fixed by ordinance. The salary hereby provided for the city attorney shall be in full for all his services. All fees, perquisites, or other emoluments received by him, or payable to him, except for prosecuting violators of city ordinances shall be collected by him for in behalf of such city, a careful account kept thereof, and the same paid into the city treasury once a week, such payment to be made under oath as to the amount received and items for which received. Such attorney shall use all diligence to collect costs due such city, and all other fees or recoveries falling within the purview of his official duties. In cities of the first class, the city attorney shall appoint an assistant city attorney who shall receive an annual salary, to be fixed by ordinance, not exceeding twenty-five hundred dollars; and also a second assistant who shall receive an annual salary, to be fixed by ordinance, not exceeding fifteen hundred dollars. And, in all cities, the city attorney shall employ such other assistants as he may be authorized to do by ordinance, and no other. The city attorney of every city shall promptly commence all proceedings necessary or advisable for the protection or enforcement of the rights of such city or of the public. He shall report to the mayor in writing all such matters as he may deem important, and to the department of finance all judgments for which such city shall be liable. No judgment against such city shall be enforcible except out of moneys appropriated for that purpose, but the common council and mayor may be compelled by mandamus proceedings to levy, collect and appropriate the necessary sum for the payment of any judgment; in which case such mayor and common council may be sued collectively by their legal names, service of process being had on any member thereof, and all members shall be bound by such judgment. In all actions in which any city is entitled

to pray an appeal, the same shall be granted as to such city without bond. No proceedings shall be had to enforce any judgment against such city pending an appeal therefrom.

Power of common councils under prior statutes to abolish the office of city attor. ney. Downer v. State, 160 Ind. 578.

DEPARTMENT OF PUBLIC WORKS.

The

3515. Board public works-Appointment-Salary-Bond.-91. department of public works shall have for its head a board of three members, to be appointed by the mayor, not more than two of whom shall be of the same political party. The mayor shall have the power at any time to remove any member of such board and to fill, by appointment, any vacancy occurring in such office. The person appointed to fill a vacancy shall hold his office, subject to removal by the mayor, until his successor be appointed. In cities of the first class, each member of such board shall receive a salary at the rate of fifteen hundred dollars a year, which may be increased by ordinance to a rate not exceeding two thousand dollars; in cities of the second class, of fifteen hundred dollars, which may be increased by ordinance to a sum not exceeding eighteen hundred dollars a year; in cities of the third class, of twelve hundred dollars, which may be increased by ordinance to a sum not exceeding fifteen hundred dollars; and, in cities of the fourth class, each member of the board shall receive a salary at the rate of one thousand dollars a year, which may be increased by ordinance to a rate not exceeding twelve hundred dollars. Each member of such board shall give bond with sureties in the sum of five thousand dollars, to be approved by the controller. Such board shall choose a president from its own number. No member of such board shall have any authority to act on behalf of the same, except pursuant to an order of the board, regularly made at a meeting of the same at which meeting a majority of such board shall have been present. All actions of the board, together with a record of the vote of each member, where the vote is not unanimous, shall be recorded by the clerk thereof, who shall be the city clerk or his deputy, except in cities of the first and second classes, where such clerk shall be appointed by the board: In cities of the first class at a salary of one thousand dollars per annum, which may be increased by ordinance, to not, exceeding fifteen hundred dollars per annum; in cities of the second class at a salary of five hundred dollars, which may be increased by ordinance to not exceeding one thousand dollars per annum. The board shall make rules governing the time and place for holding regular and called meetings, and for giving notice thereof.

The mayor

3516. City engineer-Appointment-Salary-Bond.-92. shall appoint a city civil engineer who shall be subject to the direction of the board of public works except in cities of the fifth class, where he shall be subject to the orders of the common council. Such city

engineer shall receive a salary in cities of the first class of twenty-five hundred dollars a year, which may by ordinance be increased to not more than thirty-five hundred dollars a year; in cities of the second class of two thousand dollars a year, which may be increased by ordinance to a sum not exceeding twenty-five hundred dollars a year; in cities of the third class, a salary to be fixed by ordinance, not to exceed fifteen hundred dollars a year; in cities of the fourth class a salary to be fixed by ordinance not to exceed one thousand dollars a year, and, in cities of the fifth class at a salary to be fixed by ordinance. The board of public works upon the nomination of the city engineer may appoint necessary assistants to said city engineer, and such engineer shall keep an accurate record of grades and lines of sewers, and such other matters as may be required by the duties of his office. The amount of his bond, to be approved by the mayor, and the compensation of any necessary assistants shall be fixed by ordinance.

3517. Powers and duties of board of works.-93. The board of public works shall have power:

First. To condemn, rent or purchase any real estate or personal property needed by any such city for any public use, except when a different provision for purchase is made by this act: Provided, That when a sum of more than two thousand dollars is required to be paid for condemnation, rent or purchase of any real estate or personal property, the same shall not take place unless the condemnation, rent or purchase is specifically authorized by ordinance.

Second. To have charge of all property, real and personal, belonging to such city, and to care for the same, except where the custody of such property is by this act placed under different control.

Third. To design, order, contract for and execute the improvement or repair of any property, real or personal, belonging to or used by such city, and the erection of all buildings for public purposes, together with all fire cisterns, pounds and all other structures of any nature, needed for any public purpose.

Fourth. To approve the platting of all streets and alleys in any addition to such city, or within the corporate limits thereof or in any subdivision therein; and in cities of the first and second classes within four miles of the corporate limits thereof, and to provide regulations governing such platting; to require such streets and alleys to be not less in width, and to be co-terminous with adjoining streets and alleys. No plat shall be entitled to record in the recorder's office in the county in which such city is located without such written approval indorsed thereon.

Fifth. To lay out, open, change, vacate, and to fix or change the grade of any street, alley, or public place within such city, and to design, order, contract for and execute the improvement or repair of any street, alley, wharf or public place within such city.

Sixth. To repair, clean, light and sprinkle any street, alley, wharf or public place within such city which, in the opinion of the board, requires such improvement, such work to be done either by contract

or otherwise; and to cause lamp posts or other lighting apparatus to be erected in the streets, alleys or public places of such city.

Seventh. To lay out, design, order, contract for and execute the construction, alteration and maintenance of all public drains or sewers within such city, and all drains or sewers without such city and within four miles thereof, which may be necessary to carry off the drainage of such city.

Eighth. To purchase within or without the limits of such city, and to construct, by contract or otherwise, and to operate, water works, gas works, electric light works, heating and power plants, steam and power houses and lines, for the purpose of supplying such city and the inhabitants thereof with the use and convenience of such works, or to purchase or hold a majority of the stock in corporations organized for any of the above purposes; and to purchase within or without the limits of such city, lands or other property for any such purpose: Provided, That none of the powers conferred by this paragraph shall be exercised except pursuant to an ordinance specifically directing the same, and after an election had in relation thereto, as hereinafter provided.

Ninth. To contract for the furnishing of gas, either natural or artificial, water, steam or electricity, light, heat or power, to such city or to the citizens thereof, by any company or individual, and in such contract to fix the terms and conditions and the prices to be charged for the same: Provided, That all such contracts for the furnishing of gas, steam or electricity, light, heat or power for such city, or citizens thereof, shall be approved by ordinance of the common council before the same shall take effect. And provided further, That the department of public works, at least three months before the expiration of any such contract or contracts which are or may hereafter be in force, shall, by publication once each week for two successive weeks in a newspaper of general circulation in such city, give notice that it will receive bids for such supplies.

Tenth. To design, order, contract for and cause the erection of any culvert, bridge, way, viaduct or aqueduct within such city, or to enter into a contract with any company or individual for the joint erection and maintenance by such company or individual and such city of any such structure.

Eleventh. To authorize telegraph, telephone, electric light, gas, water, steam, street car, railroad or interurban companies to use any street, alley or public place in such city, and erect necessary structures therein; to prescribe the terms and conditions of such use and to fix by contract the prices to be charged to patrons: Provided, That such contract shall in all cases be submitted by such board to the common council of such city and be approved by ordinance before the same shall take effect.

If in granting the use of streets to a lighting company to erect poles a city reserves the right to revoke the grant, and the grant is revoked and the poles ordered removed,

the city may cause the poles to be removed if the lighting company does not comply with such order. Coverdale v. Edwards, 155 Ind. 374.

Cities may authorize interurban railways to occupy the streets with their tracks, and to run cars over the same carrying passengers and light articles of freight. Mordhurst v. Ft Wayne Traction Co., 163 Ind. 268.

Twelfth. To license the making of excavations in, or the removal of coal, rock, gravel or other material from the surface, or underneath the surface, of any street, alley or public place in such city; and to require bonds for damages caused by such excavations and to secure the proper replacement of the street.

Thirteenth. To direct the removal of any or all structures in the streets, alleys or public places of such city, and to remove the same at the expense of the persons maintaining the same on their failure to make such removal.

Fourteenth. To design, order, contract for and cause the erection of any levee within the limits of such city, or within four miles thereof. Fifteenth. To straighten, deepen or otherwise change or improve any water course, natural or artificial, within such city, or within four miles thereof, and to require the owners of canals and water courses to construct and maintain bridges across the same at street and alley intersections.

Sixteenth. To remove all dead animals, garbage, filth, ashes, dirt, rubbish or other offal from such city, either by contract or otherwise, and to erect crematories or other plants for the destruction and disposal thereof.

Seventeenth. To prepare a general uniform plan for the drainage. and sewerage of such city, and extend the same from time to time, and to provide for the disposal of sewage.

Eighteenth. To make and keep a map and record of all sewer, gas, water, electric wire, heat and other pipes and conduits in such city, public and private, showing the size, depth, inclination, location and date of construction of the same, and to record therein every change which may be made in the same, together with all new connections and improvements.

Nineteenth. To fill or drain, at the owner's expense, any lot or tract of ground within such city, or within four miles from its corporate limits, whenever the water thereon has become or may become so stagnant or noxious as to be injurious to the public health and comfort, and to make such expense a lien on such lot or tract and collectible by foreclosure or by placing the same on the tax duplicate: Provided, That not to exceed twenty per cent. of the value of such lot or land, as valued and assesed upon the tax duplicate, shall be expended in filling up or draining the same in any one year.

Twentieth. To construct urinals and fountains in public places. Twenty-first. To fix, establish, change and keep a record of the grades of all streets, alleys and sidewalks.

Twenty-second. To discharge all other duties of an executive char