guage in

party to commence such action or proceedings, the time of payment, and the year for which such payment is made; and if it shall appear, upon the trial or hearing of such action or proceedings, that the amount so paid is not the amount of taxes and assessments justly chargeable upon such lands, such action or proceeding shall be dismissed, and costs taxed against the plaintiff. Subdivision three of section eight of chapter German lan eight of said act is hereby amended by adding thereto schools. as follows: provided, that it shall be the duty of said board of education, and they are hereby required to employ in the high school, at least one teacher competent to teach the German language, and who shall, under such rules and regulations as may be adopted by such board, teach the German lauguage to all pupils in said school who shall desire it. Subdivision 6 of section 8 of chapter eight of said act is hereby amended by striking out the words, "sixty-five hundred," and inserting in lieu therof, the words, "fifteen thousand." Chapter eight is further amended by adding a new sec- Board of education as follows: "Section 17. The board of education tion to report. shall report to the common council whenever any vacancy may occur in said board by resignation or otherwise; or whenever any member of said board shall be guilty of any act of omission or commission, or of any neglect of duty as a member of said board."

council relat

SECTION 17. Sections two, three and four of chap- Powers of the ter nine of said act, are hereby amended so to read as ing to the fire follows: Section 2. The common council shall also department. have power to procure engines and other apparatus used for the extinguishment of fires, and have the charge and control of the same, and provide fit and secure engine houses and other places for keeping and preserving the same, and shall have power

First. To organize fire engine, hose and hook and To organize ladder companies.

companies.

men.

Second. To appoint, during their pleasure, a com- To appoint firepetent number of able and reputable inhabitants of said city, firemen, to take the care and management of the engines and other apparatus and implements used

and provided for the extinguishment of fires.

Third. To prescribe the duties of firemen, and to To prescribe make rules and regulations for their government and their duties, etc. efficiency, and to impose reasonable fines and forfeitures upon them for a violation of the same; and for inca

May elect their own officers.

and assistants,

pacity, neglect of duty or misconduct, to remove them. Section 3. Each of the companies organized under the provisions of this chapter, may elect its own foreman, assistant foreman, and clerk. An engineer to be attached to each engine company shall be appointed by the common council. The pipemen and hosemen attached to an engine company shall be appointed by the Shall oppoint foreman of such company. Section 4. The common chief engineer council shall, at their first regular meeting in May of and their bonds. each year, or as soon thereafter as may be, appoint by ballot a chief engineer, one first assistant engineer, and one second assistant engineer, who shall respectively continue in office one year, and until the appointment and qualification of their successors. The chief and assistant engineers shall annually, before they enter upon the duties of their respective offices, execute to the city of Janesville a bond in such sum and with such sureties as the common council shall approve, conditioned that they shall faithfully execute the duties of their offices, and account for all property received by them as such officers, which bonds, with approval of the common council, certified thereon by the clerk, shall be filed with the clerk.

Examination of fire apparatus.

Exemptions of firemen.

SECTION 18. Section 5 of chapter 9 of said act is hereby amended by striking out all words after the word,in," at the end of the fifteenth line thereof, and before the words, "the common council," in the twentieth line, and inserting in lieu thereof the following: "December, March, June and September in each year, the condition of the engines, hose, hooks and ladders and other fire apparatus and the buildings in which they are kept; and also, to recommend such additions and improvements to the same as he may deem expedient. It shall be his further duty to report monthly to the common council the names of such members of the fire department as shall have disobeyed orders, or neglected or refused to do their duty. And he shall also report monthly to the common council for confirmation the names of such persons as shall have been elected members of the different companies."

SECTION 19. Section 8 of chapter 9 of said act is hereby amended so as to read as follows: "Every member of each company organized under the provisions of this chapter shall be exempt from poll tax, from serving on juries in all courts of this state, and from mili

tary duty during the continuance of such membership; and any person having served for the term of seven years in either of said companies, shall thereafter be exempt from serving on juries in all courts of this state, from poll-tax, and from military duty except in case of war, invasion or insurrection. The name of each mem- Names to be ber of said companies, designating the company to registered. which he is attached, the date when he became such member, and when he ceased to be such member, shall be registered with the clerk of the city."

SECTION 20. Section eight of chapter eleven of said How judgments against city and act is hereby amended so as to read as follows: "When city officers are a judgment shall be rendered against the city of Janes- collected. ville, or against any city or ward officer or agent of said city, for any act of said officer or agent while in the employ of the city, no execution shall be awarded or issued upon such judgment, except as herein provided; but the same, unless reversed, shall be assessed or levied, collected and paid as follows: if the claim, demand, or matter upon which such recovery is had, was originally a charge upon a particular ward or ward fund, by assessing or levying the amount thereof upon the real and personal property in such ward subject to taxation, anything in section two of chapter five of this act to the contrary notwithstanding; if such recovery was had upon any claim or demand for an improvement, that under this act should be paid for by an assessment upon particular lots or parcels of land, in the manner provided in chapter six of this act, and in all other cases, by assessing or levying the same upon all the taxable property in said city subject to taxation; and when so collected, the same shall be kept by the treasurer separate from all other funds in the treasury, and only paid out by the treasurer on orders drawn to pay such judgment, which orders shall distinctly specify the demand or judgment to pay which the same are drawn; out if said orders so drawn shall not be paid on demand, in thirty days after the amount of such judgment shall have been assessed or levied and collected, as herein provided, execution may be issued therein, upon the order of the court authorized to issue such execution, on notice and special application therefor; but no personal or real property of any inhabitant of said city, or of any individual or corporation shall be liable for or be levied on or sold by virtue f any

execution issued to satisfy or collect any debt, obligation or contract of said city."

SECTION 21. All acts and parts of acts in any way conflicting with the provisions of this act (be and the same) are hereby repealed.

SECTION 22. This act shall take effect and be in force from and after its passage and publication. Approved March 26, 1872.

Shall appoint fish inspectors, and their term of office.

Shall have fish inspected.

CHAPTER 141.

[Published March 30, 1872.]

AN ACT to regulate the inspection of fresh water fish in the city of Milwaukee.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1. There shall be appointed by the Merchants' Association of Milwaukee, as soon as convenient after the passage of this act, and biennially thereafter, one or more fish inspectors for the city of Milwaukee, and each inspector so to be appointed shall reside and keep his office in said city. The inspector or inspectors first appointed after the passage of this act shall hold his or their office or offices respectively, until the third Monday of April, 1874, and until his or their successor or successors shall respectively be duly qualified, and each inspector subsequently appointed shall hold his office for the term of two years, and until his successor shall be appointed and qualified, and no fresh water fish shall be sold or offered for sale in or at the said city of Milwaukee, without first being duly inspected by one of said inspectors.

SECTION 2. It shall be the duty of every person or persons, bringing or causing to be brought to the city of Milwaukee for the purpose of sale, any fresh water fish, to have the same duly inspected by one of said inspectors, before such fish shall be sold, or in any way disposed of in the state of Wisconsin, and it shall be the duty of any person or persons receiving such fish by consignment, for and on account of any other party,

to have such fish duly inspected by one of said inspectors before delivering them to the owner or his agent, or other person, to be sold in the state of Wisconsin, and such consignee shall pay to the said inspector the fees of inspection, and shall have a lien upon such fish in his possession, for the fees so advanced by him. And it shall be the duty of every person having such fish in his possession for the purpose of selling or dealing in the same, and of every consignee having fish on consignment, before the said fish shall be sold or in anywise disposed of, to give notice to one of the said inspectors, and have such fish duly inspected and branded; and for this purpose such person shall arrange the packages in a convenient manner and have them in some suitable place.

fish.

SECTION 3. It shall be the duty of said inspectors, shall inspect on due application of any person or persons having such fish in his possession, to repair to the place of deposit of such fish, if the same shall be within the limits of the city of Milwaukee, and inspect the same with as little delay as possible.

SECTION 4. It is hereby made the duty of the said shall procure inspectors to procure sealed weights, and carefully weigh sealed weights. all fish cffered for inspection, and before the said inspectors shall grant a certificate of due inspection or brand the packages as duly inspected, they shall first find that the contents and weights of the several packages are as follows, viz: Each barrel shall contain 200 Weight per pounds; each half barrel shall contain 100 pounds, and barrel fixed. each quarter barrel shall contain 50 pounds. Such in- Brands. spectors shall also, on branding any package of fish as inspected, plainly and distinctly mark on the head of each package, in some indelible manner, the kind, quantity and quality of the fish contained in each. package respectively, together with their respective names, and the year and the month in which the same shall have been inspected.

SECTION 5. The said inspectors shall be liable by Liable for damsuit in any court having jurisdiction of the cause, for ages.

all damages that may accrue to any person or persons

or company, by reason of misfeasance or malfeasance

in the inspection of any package of fish.

SECTION 6. Each inspector shall be entitled to such Fees of inspectfees for the performance of his duties as the said Mer- ors. chants' Association shall from time to time prescribe,

23-P. & L.