SEC. 43. The trustees shall have power to construct a lock or locks in said canal, and make such by-laws regulating the use of the same, as the public good may require. APPROVED Feb. 3, 1846.

AN ACT to provide for the payment to John Catlin, of interest on certain liquidated Territorial Bonds.

BE IT ENACTED by the Council and House of Representatives of the Territory of Wisconsin:

SECTION 1. There shall be paid to John Catlin the sum of three hundred and six dollars and two cents, out of any moneys in the territorial treasury, for interest on six bonds issued on [the] 19th February, 1841, the same having been surrendered. Said bonds were issued to the following persons: One of forty-eight dollars to H. B. Townley; one of one hundred and forty-six dollars, and another of one hundred and fifty dollars to George Bennett; and one for one hundred dollars, and another [for] one hundred and four dollars; and another for six hundred and eightythree dollars thirty-six cents, to D. H. Richards: Provided,. That before the Auditor of the Territory shall issue any warrant for the payment of the interest on any bond, it shall be his duty to examine the records of the Secretary's and Treasurer's office, for the purpose of ascertaining if said interest has not before been paid; and shall also require the applicant of such interest to file an affidavit in his office, that the interest on such bond or bonds is justly and honestly due, and that no part thereof has been paid.This provision shall apply to all appropriations made or to be made for the payment of interest on bonds during the present session of the Legislative Assembly.

APPROVED February 3rd, 1846.

AN ACT to incorporate the Village of Prairieville:

BE IT ENACTED by the Council and House of Representatives of the Territory of Wisconsin:

SECTION 1. That all that district of country included in the Limits of coffollowing description, lying and being in the town of Prairieville, poration. in the county of Milwaukie, and Territory of Wisconsin, viz: The east half of section three, also forty rods deep across the east side of the north west quarter of section three, shall hereafter be known and distinguished by the name of the village of Prairieville; and the inhabitants residing, or who may hereafter reside within the limits of said description, are hereby constituted a body corporate by the name of "the President and Trustees of the village of Prairieville," and by that name, they and their successors forever hereafter shall and may have perpetual succession, and shall be persons in law, capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defend-. ing and being defended, in all courts and places and in all suits whatever.

SEC. 2. It shall be lawful for all free male inhabitants of said village, over the age of twenty-one years to meet at the office of the clerk of the town of Prairieville, on the first Monday of March next, at ten o'clock A. M. of said day and choose viva voce two judges of election and one clerk, and elect by ballot, one president, who shall be ex-officio a trustee, six trustees, one treasurer, one assessor, one clerk, and one marshal.

SEC. 3. On the first Monday of March, in each year thereafter there shall be an annual election of the officers of said village above specified, and the trustees shall give twenty days' notice of the time and place of holding the same; and they, or any two of them, shall preside at the same.

SEC. 4. No person shall be eligible to any of said offices, unless he is a voter in said village.

closed.

SEC. 5. At all elections by the voters of the village,held under Polls when this act, the polls shall be opened at ten o'clock A. M., and con- opened and tinue open until four o'clock P. M., and the election shall be cott.

Vacancies how filled.

Officers to qualify.

Treasurer and

Marshalto give bonds.

Duty of president.

Duty of clerk.

1

ducted in a similar manner, as far may be, to the election for dela egate to Congress. A plurality of votes shall in all cases decide the election.

SEC. 6. In case such officers, or any of them, shall not be chosen on the day herein appointed for the same, the corporation shall not thereby be dissolved, but vacancies of the office of president or trustees shall be filled at a special election to be called by the remaining trustees, and vacancies in all other offices shall be filled by the trustees.

SEC. 7. All of said officers shall hold their offices until the first Monday of March next, after their election, and until others are elected and qualified in their stead.

SEC. 8. Every officer elected under this act, before he enters upon the duties of his office, and within ten days after his cleėtion, shall take an oath faithfully to discharge the duties of his office, and to support the constitution of the United States and the laws of this Territory; and if any person shall not take such oath within ten days after his election, his office shall thereby become

vacant.

SEC. 9. The treasurer and marshal, before they enter upon the duties of their respective offices, shall severally give bond to the trustees in such sum with such conditions and with such sureties as said trustees, or a majority of them, shall direct, which bonds shall be filed with the clerk.

SEC. 10. It shall be the duty of the president to preside at all meetings of the trustees, to see that all by-laws and ordinances are duly observed, and to prosecute all suits which may be neces sary, in the name of the corporation.

SEC. 11. It shall be the duty of the clerk to keep a record of the doings of the board of trustees, especially of the passing of by-laws, ordinances and regulations, and also a faithful record of all the doings and votes of the inhabitants of said village, at their annual and other legal meetings, and to keep on file all papers which may be ordained by the trustees. The records kept by the clerk, shall be evidence in all legal proceedings, and copies of all papers duly filed in his office and transcripts from the records. of proceedings of the board of trustees, certified by him under the corporate seal, shall be evidence in all courts of the contents of the same.

SEC. 12. The treasurer of said village shall receive all moneys

urer.

which may be collected for the use of the corporation by virtue Duty of treas. of this act, or by virtue of any by-laws or ordinance of the corporation, or which may arise from any other source and belong to the corporation, and give to the person paying the same, his receipt therefor. All moneys shall be drawn from the treasury by warrants or orders signed by the president, by order of the trustees, and countersigned by the clerk, who shall keep an account thereof, in a book to be by him kept for that purpose, which warrant or order shall set forth for what purpose the amount specified therein is to be paid, and the said treasurer shall pay out of the funds of the corporation in no other way whatever, He shall keep just and accurate accounts of all moneys and other things coming into his hands as treasurer, in a book to be provided by the corporation for that purpose, and which shall remain the property of said corporation, 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, and in a manner equally accurate and specific, in the same book, he shall duly enter an account of all sums paid out, which book shall at all times be open to the inspection of the voters of said village. He shall, as often as they shall require, render to the board of trustees a minute account of all his receipts and pay

ments.

SEC. 13. The marshal elected under this act shall have the Powers of the marshal. same powers that constables now have or may hereafter have by law.

SEC. 14. The trustees shall have the following powers, to Power of trus wit:

I. To have a common seal and alter the same at pleasure. II. To purchase, hold or convey any estate real or personal for the use of the corporation.

III. To make, open, keep iu repair, grade, improve or discontinue streets, avenues, lanes, alleys, sewers and side walks, to keep them free from incumbrances and to protect them from injury; also to protect shade or ornamental trees on the public square or in the streets of the corporation.

IV. To organize fire companies and hook and ladder companies, to regulate their government, and the times and manner of their exercise, to provide all necessary apparatus for the extin

tees.

guishment of fire, to require the owners of buildings to provide and keep suitable ladders and fire buckets, which are hereby de clared to be appurtenances to real estate and exempt from seizure, distress or sale in any manner, and if the owner refuses to procure suitable ladders or fire buckets after reasonable notice, the trustees may procure and deliver the same to him, and in default of payment thereof, may bring an action of debt against said owner, and be entitled to recover in such action the value of such ladders or fire buckets, or both, with costs of suit; to regulate the storage of gun powder and other dangerous materi als; to direct the safe construction for the deposite of ashes, and severally to enter into, or appoint one or more officers to enter into, at reasonable times, and examine all dwelling houses, lots, yards, enclosures and buildings of every description in order to discover whether any of them are in a dangerous condition, and to cause such as may be dangerous to be put into a safe con dition; to regulate the manner of putting up stoves and stove pipes; to prevent fires and the use of fire arms and fireworks within the limits of said corporation or any part thereof; to com. pel the inhabitants of said village to aid in the extinguishment of fires, and to pull, break down and raze such building or buildings in the vicinity of fire as shall be directed by the trustees or any three of them who may be present at a fire, for the purpose of preventing its communication to other buildings, and any building so destroyed shall be paid for by the corporation; to construct and preserve reservoirs, pumps, wells and other water works, and to regu late the use thereof, and generally to establish such other measures of prudence for the prevention or extinguishment of fires as they shall deem proper.

V. To clear out and remove vegetable matter and nuisances from the streams or other waters in said corporation, and prevent their accumulation in said waters, and generally to take such other measures for the public health as they shall deem proper. VI. To prevent, remove, or abate nuisances.

VII. To restrain the running at large of cattle,hogs and all other animals; to establish pounds and appoint pound masters and fence viewers, and prescribe their powers and duties.

VIII. To protect monuments in said corporation.

IX. To purchase, hold, inclose, lay out, ornament, and regu