court of probate of the said county of and do make or cause to be made a true and perfect inventory of the goods, chattels, rights, credits and assets of all such deceased persons, the administration of whose estates shall be committed to him, as aforesaid, and the same so made doth exhibit in the said court of probate, when he shall thereinto be required by law, and do make and render a just account of all his actions and doings, as such in each separate estate, to the court of probate of the proper county, when required so to do, and shall in general, do and perform all such other duties as may from time to time be required of him by law, then the above obligation to be void, otherwise to remain in full force and virtue; which said bond shall be signed and sealed by the said public administrator and his securities, and attested by the judge of probate, and filed in his office.

SECTION 5. In all cases when administration shall When letterst have been granted to any public administrator, as trator revoked public adminisaforesaid, and it shall afterwards appear that there is or are, a widow or next of kin, or creditor or creditors of the deceased entitled to the preference of adminis trator, by this act, it shall be the duty of the court of probate to revoke the letters granted to such public administrator, and to grant the same to such widow, next of kin, creditor or creditors, as shall or may be entitled thereto provided, that application shall be made to the court of probate of the proper county, by such person or persons, within six months after letters shall have been granted to the public administrator as aforesaid saving to such administrators in all cases all such sum or sums of money as may be due to him from such estate, on account of commission and expenses due to, and incurred by him, in the management of said estate.

ance remains

administrator.

SECTION 6. If any balance of any such intestate's where a bal estate as may at any time be computed to any public notice to be administrator, as aforesaid, shall remain in the hands given by public of such administrator, after all just debts and charges against such estate shall have been fully paid, which shall have come to the knowledge of such public administrator, for two years after the administration of such estate shall have been committed to him as aforesaid, such administrator shall cause the amount thereof with the name of the intestate, the time and place

When public administrator to prevent waste.

of his or her decease to be published in some one of the newspapers printed in the territory, for eight weeks successively, notifying all persons, having claims or demands against such estate, to exhibit the same, together with the evidence in support thereof, before the court of probate of the proper county within six months after the date of such notice, or that the same will be forever barred; and if no such claim be presented for payment or distribution within the said time. of six months, such balance shall be paid into the county treasury, and the county shall be answerable for the same, without interest to such person or persons as shall thereafter appear to be legally entitled to the same if any such shall ever appear.

SECTION 7. Upon the death of any person intestate, not leaving a widow, or next of kin, or creditor or creditors within any county of this territory, it shall and may be lawful for the public administrator of the county, wherein such person may have died as aforesaid, or wherein the goods and chattels, rights and credits of such descendant shall be, in case such person shall have been a non-resident, to take such measures, as he may deem proper for the protection and securing the property and effects of such intestate, from waste and embezzlement until administration thereon shall be granted to the person entitled thereto as aforesaid, the expenses whereof shall be paid to such public administrator upon the allowances of the court of probate, in preference to all other demands against such estate, funeral expenses, excepted. Approved January 19, 1838.

the city.

[No. 84.

AN ACT to incorporate the city of Burlington.

Boundaries of SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That all that part of the territory, included in the following defined limits, to wit: beginning on the west bank of the Mississippi river in the county of Des Moines, at a point where the southern boundary line of the official

survey of the town of Burlington, made by authority of the United States, strikes said river; thence with the said southern boundary line to the south-western corner of said survey; thence with the western boundary of said survey to the north-western corner of said survey; thence with the northern boundary line of said survey, to where the same strikes the Mississippi river; thence due east to the middle of the main channel of said river; thence down the middle of the main channel thereof, to a point in said main channel due east of the place of beginning; and thence due west of the place of beginning; shall be and the same is hereby erected into a corporate city forever, and shall henceforth be called, and known by the name of the city of Burlington.

and when to be

SECTION 2. Be it further enacted, That for the pres- City officers ervation of the peace and good order, and the promot- elected. ing of the prosperity and quiet of the said city, there shall be elected by the free white citizens of said city, over the age of twenty-one years, on the first Monday of February in each year, the following named officers of said city, to wit: a mayor and eight aldermen, [a marshal,] a recorder, treasurer and engineer of the streets, each of whom shall be commissioned by the governor of the territory, and shall hold their offices for the term of one year, and until their successors shall be elected and duly qualified; and the duties of Duties and said marshal, recorder, and engineer of the streets shall qualifiactions. be defined by the mayor and aldermen in common council; and no person shall be eligible to the office of mayor, who shall not be qualified to vote as aforesaid, and who shall not have attained to the age of of twenty-five years, and no person shall be eligible to either of the other of the said offices who shall not be qualified to vote as aforesaid.

corporation.

SECTION 3. And be it further enacted, That the Powers of the mayor and aldermen, elected as aforesaid, shall be one body politic in deed, fact, and name, with perpetual succession, to be known and called by the name of the mayor and aldermen of the city of Burlington; and that they and their successors in office at all times hereafter, by the name aforesaid, shall be able and capable in law to have, purchase, take and receive, possess and enjoy lands, tenements and hereditaments, goods, chattels, and effects; and the same to grant,

bargain and sell, alien, convey, demise and dispose of, to sue and be sued, to plead and be impleaded, in any court of justice whatever, and to make and use one common seal, and the same to alter and renew at pleasure; and that the said mayor and aldermen, or a majority of them, of whom the mayor shall always be one, and in whose deliberations the said mayor shall always preside, shall have full and complete power and authority, from time to time, and at all times hereafter, to hold a common council in said city, at such place as the mayor and aldermen shall from time to time appoint, and to make such by-laws, ordinances, and regulations in writing, not repugnant to the laws of the territory and the constitution and laws of the United States, and the same to alter, revoke or annul, as to them shall appear necessary for the good order, government and public improvement of said city; to restrain and prohibit gaming, and other disorderly conduct; define and remove nuisances, and to make, impose and tax reasonable fines, penalties and amercements against all persons who shall offend against the laws, ordinances and regulations of said city, made as aforesaid in all matters less than felony at common law; to regulate and provide for the licensing retailers of spirituous liquors, merchants, grocers, pedlars, exhibitions of shows, draymen; and also, to erect market houses and regulate the markets; to use all needful means to prevent the introduction of infectious diseases into said city; to erect such public buildings as the wants of the city may require; and to provide against the destruction of property by fire: provided, that all trials for the violation of the by-laws, ordinances and regulation of said city, shall be had before a justice of the peace of said city in a summary manner, and that Proceedings to no person shall for any offense be deprived of his or her liberty, or fined in a sum greater than twenty dol lars, unless convicted of such offense by a jury of twelve citizens of said city, qualified to vote as aforesaid: provided, that nothing herein contained shall be so construed as to prevent any of the citizens of said city from paying their county or territorial tax, as required by the laws of this territory.

be summary.

Judicial power

SECTION 4. And be it enacted, that the justices of vested in jus the peace, resident in said city for the time being, or either or any of them, shall at all times have the full

tices' courts.

power and authority, and it is hereby made their duty at such times as the same, by the city authority, shall be required of them, or any of them, to issue all needful process for the apprehension of offenders against the laws, ordinances and regulations of said city, and a court to hold for the trial of all such offenders within the said city, and the same to fine, imprison or discharge, as the laws and ordinances of said city and the facts of the case may require; and for that purpose they and each of them are authorized and required to cause to come before them, when necessary, a jury as required in the preceding section of this act; and all such offenders, on conviction, shall be liable for the costs of prosecution, and judgment shall go accordingly, and, in case of acquittal, the same shall be paid by the corporation, having first been allowed by the common council, who shall by ordinance fix and establish as well the fees of jurors in such cases as the fees of said justice of the peace, marshal and other officers, in cases arising under the corporation; and all process in behalf of the said city, shall be executed, served, and returned by the said marshal, shall run in the name of the United States, and shall otherwise conform to the requisitions and provisions as may be made and provided by the mayor and aldermen in common council, and until other provisions be made by said city authority. it shall be lawful for said justice, or either or any of them, to commit all offenders against said by-laws, ordinances and regulations, on conviction, to the jail of Des Moines county, in cases where a portion or all the punishment shall be imprisonment, and the keeper of said jail is hereby required to receive such persons on the proper warrant of such jus tice or justices of the peace into his custody in said jail in the same manner as in ordinary cases; and all expenses of such imprisonment in cases where the same shall not be made out of the person so convicted and imprisoned, shall be paid out of the treasury of the corporation.

SECTION 5. And be it enacted, That no money shall Disbursements. be paid out of the city, except as previously provided by law, and then only in requisition in writing of the common council, showing that the same has been duly allowed by them.

SECTION 6. And be it enacted, That the city recorder