who shall form a board for the transaction of busi

ness.

to be elected.

SECTION 4. The members composing the board of When and how trustees shall be elected annually on the first Monday in May, by the persons residing in said village, qualified to vote at general elections in this territory, (but no person shall vote at such election unless such person has resided within the said village at least six months next preceding the election) to serve for one year and until their successors are duly elected and qualified. They shall be at least twenty-one years of age, citizens of the United States and inhabitants of said village, and shall possess a freehold estate within the limits thereof; but in case the election aforesaid shall for any reason not be made on the day herein provided for, it shall not be considered a sufficient reason for dissolving the said corporation. And the said. election may be made agreeably to the foregoing provisions at any time thereafter as a majority of the citizens thereof may determine.

SECTION 5. That the board of trustees shall appoint Their powers. their president from their own body, shall appoint all other officers of their board and shall be the judges of the qualifications, elections and returns of their own members. A majority thereof shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent members in such manner and under such alties as the board may provide. They may determine the rule of proceeding and make such other rules and regulations for their own government as to them may appear proper and expedient.

pen

SECTION 6. That the board of trustees shall have authority to levy and collect taxes upon all real estate within the village not exceeding the one-half of one per centum upon the assessed value thereof; to make regulations to secure the general health of the inhabitants; to prevent and remove nuisances; to establish night watches, erect lamps in the streets and light the same; to erect and keep in repair bridges; to provide for licensing, taxing and regulating theatrical and other shows, billiard tables and other amusements; to restrain and prohibit gaming houses, bawdy and other disorderly houses; to build market houses, establish and regulate markets; to open and keep in repair

When to levy a

grading, pavIng, &c.

streets, avenues, lanes, alleys, drains and sewers, to keep the same clean and free from obstructions; to establish and regulate a fire department and to provide for the prevention and extinguishment of fires; to regulate the storage of gunpowder and other combustible materials; to erect pumps and wells in the streets for the convenience of the inhabitants; to regulate the police of the village; to regulate the election of village officers, to fix their compensation; to establish and enforce quarantine laws and from time to time pass such ordinances, to carry into effect the provisions of this act and the authorities hereby granted as the good of the inhabitants may require; and to impose and appropriate fines and forfeitures for the breach of any ordinance and to provide for the collec

tion thereof.

SECTION 7. That upon the application of twospecial tax for thirds of the owners of real estate on any street or parts of a street, it shall be lawful for the board of trustees to levy and collect a special tax on the owners of the lots on the said street or parts of a street, according to their respective fronts, for the purpose of grading and paving the sidewalks thereof.

Authority to

prove streets,

&c.

SECTION 8. That the board of trustees shall have open and im- authority to regulate, grade, pave and improve the streets, avenues, lanes and alleys within the limits of said village, and to extend, open and widen the same, making the person or persons injured thereby adequate compensation; to ascertain which, the board shall cause to be summoned twelve good and lawful freeholders and inhabitants of said village not directly interested, who being first duly sworn for that purpose, shall enquire into and take the same into consideration, as well the benefits as the injury which may ac crue and estimate and assess the damages which would be sustained by reason of the opening, extension or widening of any street, avenue, lane or alley; and shall moreover estimate the amount which other persons will be benefited thereby, and shall contribute towards compensating the persons injured; all of which shall be returned to the board of trustees under their hands and seals. And the person or persons who shall be benefited and so assessed shall pay the same in such manner as shall be provided and the residue, if any, shall be paid out of the village treasury.

be published

SECTION 9. All ordinances shall, within ten days Ordinances to after they are passed, be published in a newspaper within ten days. printed in said village; and no ordinance shall be in force until the same has been published at least ten

days.

when taxes are

SECTION 10. That in all cases where taxes are Proceedings levied on real estate by the said village authorities, not paid. and such taxes are not paid on demand thereof, the said village authorities shall make a return of the same to the board of county commissioners, in the same manner and form that the county returns are made in similar cases; and the said board of county commissioners shall cause the same to be collected in the same manner and form that the county revenue is collected; and when collected the said board of county commissioners shall pay the same over to the board of trustees as provided in this act.

the village.

SECTION 11. The officers of said village, (in addi- Other officers of tion to the trustees) shall consist of one clerk, one street commissioner, one treasurer, one assessor, one collector of taxes, one village surveyor, three measurers of wood and coal, three measurers of lumber, three measurers and weighers of grain, and such other offi cers as the trustees of said village may deem necessary for the good thereof.

SECTION 12. The president and trustees of said Fire companies. village, shall, whenever they may deem it necessary, order the formation of fire engine companies, and firehook and ladder companies, each to contain from sixteen to twenty-four able bodied men, of between the ages of eighteen and fifty years, and no more; which companies shall be officered and governed by their own by-laws, and shall be formed only by voluntary enlistment. Every member of each company shall be exempt from jury and militia duty, and whenever a member of such company shall have served twelve Members exyears, he shall receive a discharge from the corpora- militia and tion, signed by the president and shall forever thereaf- jury duty. ter be exempt from further jury duty, and from further militia duty, except in cases of insurrection or invasion.

empt from

SECTION 13. The members of the board of trustees, official oaths. and every officer of said corporation, hall before entering on the duties of their offices, take an oath or affirmation before some judge or justice of the peace

Incorporation

to be divided

tricts.

to support the constitution of the United States, and the laws of this territory, and faithfully to discharge the duties of their office.

SECTION 14. That this incorporation shall be diinto three dis. vided into three districts, to wit all that part which lies south of the rivers Milwaukee and Menominee, shall be included in one district, and known as district number one; all that part which lies east and north of the river Milwaukee, shall be included in one district, and known as district number two; and all that part lying west and north of the rivers Milwaukee and Menominee, shall be included in one district, and known as district number three.

Taxes to be ex

district where collected.

SECTION 15. The taxes collected in each of the pended in the several districts, shall be expended under the direction of the board of trustees for improvements within their respective districts, and the trustees to be elected under the provisions of this act, shall be apportioned three to each of the aforesaid districts (but all elections for trustees and other officers in said village shall be by general ticket) and the three persons having the highest number of votes, in each of the before named districts shall be considered duly elected.

Trustees to be appointed.

May borrow money.

SECTION 16. That the trustees of said town be, and they are hereby authorized to borrow such sum or sums of money as they may deem necessary for the improvement of the streets in said village, and for the erection of water works; the purchase of fire engines, and for such other objects of general interest as they may Upon a vote by deem proper: provided however that before said trustees shall borrow any money under this act, a vote of the people shall be taken, in such manner as said trustees shall direct; and in case a majority of the votes given shall be in favor of any loan which it may be proposed to make, the said trustees shall thereupon be authorized to effect said loan, and not otherwise.

the people.

SECTION 17. Nothing in this act shall be so construed as to make any one or more of the districts as designated in the foregoing provisions of this act, liable for any debt or debts contracted by any district or districts without the consent of the same.

SECTION 18. And be it further provided, That nothing in this act shall be so construed as to prevent the act entitled "an act providing for the assessing and

collecting a county revenue" being carried into effect.

in all respects.

SECTION 19. And be it further provided, That the Charter not to foregoing provisions of this act shall take effect as go into effect soon as they shall have been accepted by the inhabitants of said village, and not before, in manner following, viz. an election shall be held at the court house in said village at any time hereafter for that purpose, and to be conducted by the board of trustees as before named in this act; and any three of said trustees shall be considered a board to conduct said election. A notice of said election shall be published in one or more of the newspapers printed in said village, at least ten days previous to the day of election provided for in this section, and if a majority of all the votes given are for the charter, it shall be sufficient grounds for the trustees as named in the first section of this act, to declare this act in full force and effect, and provide accordingly; but if this said charter shall not be accepted as aforesaid, the said trustees may from time to time, whenever they shall be petitioned by at least seventy-five legal voters of said village, to cause an election to be held as provided in this section, until this charter shall be accepted. And all fines and forfeitures accruing under the provisions of this act, shall be collectable before any court having jurisdiction over the same in said village.

Approved, January 16, 1838.

No. 57.

AN ACT for opening and repairing or vacating public roads and

highways.

sioners in rela

SECTION 1. Be it enacted by the council and house of Power of the representatives of the territory of Wisconsin, That all county commi public roads and highways shall be opened, amended tion to roads. and repaired agreeably to the directions of this act, and the board of county commissioners shall have authority to make and enforce all orders necessary, as well for establishing and opening new roads, as to change or vacate any public road or part thereof, in their respective counties.