may issue warCollectors.

deeds to purchasers at such tax sales, after the time for redemption shall expire, to the holders of the certificates in the name of the city of Milwaukee, and shall sign the same as city clerk and attach the seal of said city thereto; and said deeds shall have the same effect and validity, and shall vest the same estate in the guarantee with the same rights and subject to the same disabilities as deeds made in pursuance of sales by county treasurers for state and county taxes, and the record thereof shall have the same validity. And the city treasurer shall City Treasurer issue warrants against collectors, as county treasurers are aurants against thorised to issue against town treasurers, and shall also issue similar warrants for the collection of taxes on personal property as county treasurers may by law issue, and the same shall be enforced and served in the same manner. The county treasurer shall sell all lots and lands returned to him by the several collectors upon which the State and county taxes have not been paid, as other such lands in the county of Milwaukee. The Treasurer to de- city treasurer, for the time being, shall execute and deliver time being un deeds for all lots in pursuance of sales heretofore made by the treasurer of the city, in pusuance of laws heretefore existing, the same as if this act had not been passed; and all monies, interest, and fees required to be paid for the redemption of lots or lands hereafter sold for city or ward taxes shall be paid to the treasurer, who shall make a record of the said redemptions, and issue duplicate receipts, one of which the person so redeeming or paying shall present to the city clerk, who shall also make a record thereof in his tax record, and duly file the same in his office; and the same interest, costs, charges and fees shall be allowed, charged, and paid for said redemption as specified by law in the redemption of lands sold by county treasuNotice of re- rers; and it shall not be necessary to give or publish a notice of demption not the expiration of the time for the redemption of lots or lands sold for city or ward taxes.

liver deeds for

der existing

laws.

requisite.

Collection of

taxes on

SEC. 52. In case any person upon whom any personal proal property.perty shall be assessed for city or ward purposes, shall have removed out of the city after such asessment and before such tax shall be collected, he shall be required to pay the same and he may be proceeded against in any town within the county of Milwaukee, or wherever he may be found within the State, in the same manner as if he had not removed from said city. And any person who shall resist the collection of any tax or taxes, for city or ward purposes, shall be proceeded against in the same manner as may be provided by law for resisting process in the hands of sheriffs or constables.

Orders on Treas

urer--bow made and paid.

SEC. 53. All orders upon the City Treasurer for the payment and disbursement of the taxes assessed and collected

the

tre

for the several city purposes shall be signed by the Mayor and counter-signed by the city Clerk, and the same shall state the nature of the claim or service for which the same is issued, and the fund out of which the same is payable, and before the same is delivered to the person entitled thereto the Clerk shall make an entry in a book to be provided for that purpose, of the date, name of the payee and nature of the clain or service, the fund out of which the same is payable and the amount. And all orders upon the Treasurer for payments out of the ward taxes of the wards shall be signed by the aldermen of the common council of the ward, and shall be counter-signed by the City Clerk, and before the same is delivered by said Clerk he shall enter in a book to be provided by each ward, the date of such order, Ooders to be enhehe amount and the name of the payee. All orders upon the Treasurer shall be payable to the order of the person named reherein, and not otherwise, and shall not be received by the Treasurer unless endorsed by such person, but such enLorsement shall not create a legal liability, if the order be enuine, or issued without fraud. rete SEC. 54.

redec

of i

S

There shall be two day's work performed annuley on the highways, streets, lanes and alleys by each male erson who by the laws of this State is liable or subject to erform highway work, such person shall perform such labor ithin the ward where he resides, under the direction of the reet inspector as the said aldermen as street commissions may order and appoint, but such person may at his opn pay to the said street inspector at the rate of seventy e cents for every day he may be so bound to labor. And the default of the payment of such money or the performce of such labor the said aldermen as street commissionof the proper ward shall issue their warrant to the street pector of the ward for the collection from each and eveperson so delinquent the sum of one dollar and fifty cents amount of the tax aforesaid with legal costs; and the inspector shall have the same power and authority and ceed in the service of said warrant in the same manner rescribed by law in relation to the service of warrants ed for the collection of taxes assessed on personal prop. , and shall be entitled to the same fees. But before the persons shall be required to do such work as aforesaid street inspector of the proper ward shall make a correct and enrolment of all such persons within his ward, and give one copy thereof, to the said aldermen, as street missioners of his ward and shall file one copy thereof the clerk of the select council for the use of said couna auditing the accounts of said inspector.

Bc. 55.

No alderman, nor officer of said city, nor of any

dorsed.

Commutation of poli tax.

When Street Commissioners

to

issue war

rants to inspectors to collect

poll tax, &e.

336

which officers

and void.

1851-CHAP. 314.

Contracts in ward thereof, shall be a party to or interested in any co are a party nu!! tract or job of work with the said city directly or indirect or shall furnish any supplies for the said city, or to or for ag person at the expense or charge of said city or any wa thereof, and any and every such contract, job, accounti supplies or claims or demand for or by reason thereof of any such Alderman or officer, or in which he may have any terest directly or indirectly shall be null and void: and g inhabitant of the city may in the name and at the exper of said city defend against the payment or enforcement the same, or may proceed against all persons concern therein to annul and make void the same. And every alder man, or officer, as aforesaid who may violate the provis of this section shall be dismissed from his said office, and shall not afterwards be eligible to any office in said chr Provided, That this section shall not extend to such work the streets and side walks as the said aldermen or office are obliged to perform in common with other citizens es site or in front of their own lots where the same is di without contract or charge to the ward or city: And p When Plaintiff ded further, That if any person shall institute a suit as aire said through malice, and fail in such suit, the court shares ter judgment against such person for the costs thereof.

Proviso:

to pay costs.

Powers of Justices, Constables, &e.

When President

of Select Coun

Mayor.

SEC. 56. The Justices of the Peace and Constables es ted or appointed in the several wards of said city shall sess all the powers and enjoy all the privileges and bes ject to all the liabilities and penalties of Justices of the Pea and Constables of the towns in Milwaukee county, and s provide the like bonds and take the same official oaths: the Marshal and assistant Marshals shall possess all the r ers, be subject to the same liabilities and penalties, and joy the same privileges as Constables in the towns in s county.

SEC. 57, In case of a vacancy in the office of Mayor cil may act as of his being unable to perform the duties of his office reason of temporary, or continued absence, or sickness any other cause, the President of the select council sha. the Mayor and shall be vested with all the powers and form all the duties of Mayor until the Mayor shall resu his office or the vacancy be filled by a new election, b said vacancy shall occur within one month of the time which said Mayor was elected the said President of the lect council shall continue to discharge the duties of Ma until the end of said term and until a successor is duly e ted and qualified. Provided, That before the said Pres shall enter upon the said duties of Mayor he shall take subscribe the official oath of the Mayor, which shall be a

Provise.

with the city Clerk; and during the time he shall do and perform the said duties, shall be entitled to and receive the fees and emoluments of the Mayor.

to execute a

&c.

counts to be

SEC. 58. The Surveyor, Treasurer, Attorney, Marshal and Certain officers assistant Marshals and all other officers of said city or of the bond, take oath, several wards thereof, except those already provided for by this act, shall before they enter upon the duties of their respective officers take and subscribe an affidavit before some person authorised to administer oaths, well and faithfully to discharge the duties of their respective office, and shall also execute a bond to the city of Milwaukee with sufficient sureties to be approved by the Mayor in such penalty or penalties as the councils may from time to time direct, conditioned for the faithful discharge of the duties of the said office, and the said bonds shall be filed in the office of the city clerk, and suits may be brought thereon in the courts in the name of said city against the said principal and sureties, or either, or any of them, upon the default, failure, or neglect of said officer to discharge his said duties, or to pay over or account for any monies or property of said city or of any ward of said city that may have come into his hands. And also upon the adjustment of the accounts Balance of acof any officer by the select council, the said council may order transmitted to a certificate of the balance, in the hands of such officer, made by their secretary which with a certified copy under the seal of the city by the city clerk of the official bond of such officer shall be by the city Attorney transmitted to the clerk of the circuit court of Milwaukee or any other county and the said clerk shall enter a suit upon his docket in the name of the city of Milwaukee as plaintiff and the obligors in said bond as defendants, and shall on said docket make a minute of said bond and certificate and the amount thereof and file the said papers, and the said entry shall be a lien on the real ostate of said obligors within the county, without other or further proceedings, for the said sum so certified and costs with interest until paid, and execution may issue thereon, and other proceedings had as in other cases; and the said defendants, or any obligors in any such Defendants not official bonds shall not claim the benefit of the exemption laws of of exemption. this State in levying such executions, or any executions that may be issued for the recovery of judgments rendered upon any such official bonds.

Clerk of Court.

Clerk to enter

suit.

to have benefit

SEC. 59. When any suit or action shall be commenced Actions against the city-how against said city the service thereof may be made by leaving a commenced. copy of the process by the proper officer with the Mayor, and it shall be the duty of the Mayor forthwith to inform the council thereof, or take such other proceedings as by ordinances or resolutions of said councils may be in such case provided.

Councils may order special elections.

Proviso

Competency of

witnesses.

Property ex

empt from sale

Proviso.

SEC. 60. If any election by the people, or by the councils, provided for in this act, shall for any cause not be held at the time, or in the manner prescribed, or if the said councils should fail to organise at the time herein mentioned after their annual election, it shall not be considered reason for arresting, sus pending or absolving said corporation; but such election or elections or organisations may be had upon any subsequent day by order of the councils. And if any of the duties enjoined by this act to be done by any officer at a time herein specified are not then done, the councils may appoint another time upon which the said duties may be done: Provided, That the officer so failing to do or execute such duties at the time required shall be liable to the same actions, fines and penalties, as he would be liable to if the said councils had not the power to appoint an

other time.

SEC. 61. No person shall be an incompetent judge, justice, witness or juror, by reason of his being an inhabitant of said city, in any action or proceeding in which said city is a party or interested.

SEC. 62. The following property, now or at any time hereon execution. after belonging to said city, or either of the wards thereof, shall be exempt from levy and sale under or by virtue of any execution engine houses, hook and ladder houses, together with the grounds or lots on which they are situated, and all fire engines, carriages, hooks, ladders, buckets, hose, or any other fire apparatus used by any company created or authorised by the councils of said city, and market houses and furniture of council and office rooms: Provided, That nothing herein contained shall exempt any of the aforesaid real or personal property from levy and sale, by virtue of any execution issued on judgments rendered in favor of any person or persons who may have furnished or sold any such fire apparatus to or on the credit of said city. Nor shall any real or personal property of any inhabitants of said city, or of any individual or corporation be levied and sold by virtue of an execution issued to satisfy or collect any debt, obligation or contract of said city, or of any ward thereof.

Council may

authorise the formation of

SEC. 63. The councils shall have power to authorise the formation of fire engine, hook, ladder and hose companies, and fire companies. to provide for the due and proper support and regulation of the same, and to order such companies to be disbanded, and their meetings to be prohibited, and their apparatus to be delivered

up.

Each company shall not exceed seventy able bodied men, between the ages of eighteen and fifty years, and shall have their own officers and form their own by-laws, not inconsistent with the laws of this State, or with the ordinances and regula