CHAPTER 29.

AN ACT to provide for laying out a State road from Wautoma, in Waushara county, to the Wisconsin river, in Adams county.

The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

CHAPTERS 29, 80.

road.

SECTION 1. Lowell Atwood, Huntress Ross and Wil- Commission to liam S. Rider are hereby appointed commissioners to to lay out State lay out and establish a State road from the village of Wautoma, in Waushara county, on or near the town line between towns eighteen and nineteen, and running west to the Wisconsin river, in Adams county.

§ 2. Said commissioners shall, immediately after Report of sur laying out said road, cause a report of their survey to vey. be made and filed with the Clerk of the Board of Supervisors of each county through which said road passes, and in all respects comply with chapter nineteen of the revised statutes.

&c.

§ 3. Such commissioners shall be entitled to such Compensation, compensation as the Board of Supervisors of each county through which said road shall pass, shall deem proper, and the same shall be paid by said counties respectively; Provided, That no compensation shall be allowed for laying out so much of said road as may lie upon any other road which may have been laid out at the time of laying out said State road.

4. This act shall take effect and be in force from and after its passage.

Approved February 17, 1859.

CHAPTER 30.

AN ACT to amend "an act to incorporate the village of Waukesha."

The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

SECTION 1. The inhabitants of the district of country Boundaries. included within the following limits and boundaries, in township number six, north of range number nineteen east, in the county of Waukesha, to wit: beginning at the south-west corner of the east half of the south-west quarter of section number three, (3) from thence due north on said line to town line, from thence east on

CHAPTER 80. said line to the north-east corner of the town plat of "Prairieville village" from thence south on the line of said village to the centre of Main street in said village, from thence westerly following the centre of said street until it intersects the highway (or what is now used and fenced as such, running from said street south, through the lands of Henry Bowron) from thence following the centre of said highway until it strikes the line running north and south through the centre of the north-west quarter of section number two, (2) from thence on said line to the south line of section two, (2) from thence west to the place of beginning-are hereby created a body corporate and politic by the name and style of "The President and Trustees of the village of Waukesha" and by that name shall be capable of contracting and being contracted with, of suing and being sued, pleading and being impleaded, answering and being answered unto in all courts and places, and in all matters whatsoever, with power of purchasing, receiving, holding, occupying and conveying real and personal estate, and shall have a common seal, and may change the same at pleasure, and shall be competent to have and exercise all the rights and privileges, and be subject to all the duties and obligations pertaining to a municipal corporation.

Corporations.

Corporate pow

ers.

Elective offi

ers.

Elections.

2. The government of said corporation, and the exercise of its corporate powers and management of its fiscal, prudential and municipal concerns, shall be vested in a president and six trustees, and such other officers as are hereinafter provided for.

3. The elective officers of said corporation shall be one president, six trustees, one marshal, one treasurer, and one assessor, to be elected by the qualified voters thereof at the annual election of said corporation, to be held on the first Tuesday of May in each year, and shall hold their respective offices for one year, and until their successors are chosen and qualified.

§ 4. At all elections of officers in said corporation, every person residing therein, qualified to vote for town officers in the town in which said corporation is situated, and shall have resided in the village ten days next preceding the election at which he may offer his vote, shall be entitled to vote in such village for any officer required to be elected by this act; and the person or persons having the highest number of votes, shall be declared duly elected. Whenever any person shall pre

sent himself to give his vote, and either of the judges CHAPTER 80. shall suspect that such person does not possess the qualification of an elector, or his vote shall be challenged by an elector, the judges of election or some one of them, before receiving the vote of any such person, shall require such person to take an oath that he possesses the qualifications prescribed in this section of this act, and that he has not voted at such election. If the person offering to vote shall take such oath, his vote shall be received; and if any person shall take such oath knowing it to be false, he shall be deemed guilty of wilful and corrupt perjury, and on conviction thereof, Illegal voting; shall suffer such punishment as is now or shall hereafter penalty. be provided by law for persons guilty of perjury. If any person who is not a qualified voter shall vote at any election, or shall vote more than once at any one election, he shall forfeit and pay a sum not exceeding fifty dollars nor less than five dollars, to be recovered in the same manner as other penalties are recovered under this act.

§ 5. At every annual election, the electors may Annual elecvote for one president, six trustees, one marshal, one tion. treasurer and one assessor.

§ 6. It shall be the duty of the president and trus- Ibid-duty of tees to provide the places of holding elections in said trustees. village, and to appoint the judges and clerks thereof, provide for making and directing the returns of elections, the time and manner of opening the returns and making an abstract thereof. and of keeping a journal of the same, and make such other arrangements concerning said election as may be lawful and convenient for the citizens of said village.

mined.

§ 7. All elections shall be determined by the pres- How elections ident and trustees, within five days after the holding of are to be detersuch election, and the new president may in every case be sworn into office by his predecessor, and he may administer the oath of office to all newly elected officers. In case of a tie between two candidates at any election, the election of one or the other of them shall be determined by lot, in the presence and under the direction of the president and trustees.

dent.

§ 8. The president shall preside at all meetings of Powers and duthe trustees, sign all commissions, licenses, and permits, ties of Presiwhich may be granted by the trustees; he shall maintain peace and good order and see that the ordinances of the village are observed and executed; and, shall

CHAPTER 80. have power to appoint special police officers, when

Meetings.

Peace officers.

ers and duties.

deemed necessary. He shall have power to administer oaths or affirmations, and to take and certify acknowledgements of deeds, and other instruments in writing, and as a judicial officer, he shall have concurrent jurisdiction with the justices of the peace of the county of Waukesha, of all cases for the violation of any ordinance of said village, and when presiding at the meetings of the trustees, he shall have a casting vote, when the votes of the members are equal.

89. The president and trustees shall prescribe the time and fix the place of holding their meetings, which shall at all times be open to the public, shall determine the rule of their proceedings and keep a journal thereof, which shall be open to the inspection of every citizen at all reasonable times and hours; shall have power to preserve order and propriety in their meetings, and may adopt such by-laws, rules and regulations, for their own government as are not inconsistent with the provisions of this act, and shall have power to compel the attendance of its members.

§ 10. The president, each and every trustee, marshall, each and every justice of the peace and constable of the town of Waukesha, shall be officers of the peace, and may command the peace and suppress in a summary manner all rioting and disorderly behavior, in a manner consistent with the ordinances of said village, within the limits thereof, and for such purposes may command the assistance of all by-standers, and if need be, all citizens; and if any person shall refuse to aid in maintaining the peace when so required, every such person shall forfeit and pay such fine as may be prescribed by ordinance of the village in such case provided.

Marshal-pow- § 11. The marshal shall possess all the powers and enjoy all the rights of a constable of the town of Waukesha and be subject to the same liabilities; it shall be his duty to execute and return all writs and process to him directed by the president, and when necessary in criminal cases or for the violation of any ordinance of said village he may serve the same in any part of the state of Wisconsin. It shall be his duty to suppress all riots, disturbances, and breaches of the peace, to apprehend all disorderly persons in said village, and pursue and arrest any person fleeing from justice in any part of the state of Wisconsin, to apprehend any

person in the act of committing any offence against CHAPTER 30. this state or the ordinances of the village, and forthwith to bring such person before competent authority for examination; and for such services he shall receive like fees as are allowed to constables for like services. Said marshal shall execute and file with the clerk a bond for the faithful performrnce of his duty, to be approved by the trustees, and may be required to execute a new bond to the satisfaction of the trustees; and in case of his neglect or refusal so to do, his office may be declared vacant.

ties.

12. The treasurer of said village shall perform Treasurersuch duties and exercise such powers as may be law- powers and dufully required of him by the ordinances of said village. All monies raised, received, recovered and collected by means of any tax, license, fine, forfeiture, or otherwise under the authority of this act, or which belongs to said village, shall be paid into the village treasury, and shall not be drawn therefrom, except by a written order, signed by the president and countersigned by the clerk by order of the trustees. Such order shall specify the amount of money to be drawn, and its object. He shall keep a just and accurate accounts of all moneys coming into his hands as treasurer, in a book to be provided by the trustees for that purpose, which shall remain the property of the village, wherein he shall note the time when, the person from whom, the amount of the several sums received, and the source from whence the said sums respectively arose, which said books at all reasonable times, shall be open to the inspection of the electors of the village; he shall as often as the trustees shall require, render to said trustees a minute account of his receipts and payments, and at the expiration of his term of office, he shall hand over to his successor all moneys, books and vouchers in his possession, belonging to said village.He shall before he enters upon the duties of his office execute to the president and trustees a bond for the faithful discharge of his duties, to be approved by the trustees; which bond shall be at least in double the amount of taxes to be raised for the year in which he was elected.

813. The clerk shall be appointed by the trustees, Clerk-duties he shall keep the seal of the said corporation, and shall of. perform such duties and exercise such powers as may be lawfully required of him by the ordinance or direc