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of voters.

Qualification sided three months in the village and ten days in the ward where he may offer his vote next preceding such election, shall be entitled to vote for any of the elective officers therein, and be eligible to any office in said village.

Six trustees a quorum.

SEC. 6. Any six of the said trustees shall constitute s board for the transaction of all business; but no ordinance or bye-law shall be declared passed without the concurrence of a majority of all the trustees elected for all the wards. SEC. 7. The municipal authority of the said village shall Municipal an- be vested in a common council, which shall consist of the president and trustees. The president shall have a casting vote, and no other therein. The representation in said council shall be by the two trustees from each ward, and each trustee shall be entitled to one vote. The sittings of said council shall be public, and its proceedings shall be kept by the clerk, and open at all reasonable hours for public inspec

thority where vested.

tion.

SEC. 8. The president (president) pro tem, each and every Power to sup- trustee, and watchman, shall be officers of the peace, and press riots. may command the peace, and may suppress in a summary manner all riotings and disorderly behavior, in conformity with the ordinance of said village, within the limits thereof; and for such purposes may command the assistance of bystanders, and if need be of all citizens and military companies; and should any person, by-stander, officer or private of any military company 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 comica council in such case provided.

Vacaner in

ident how

filled.

SEC. 9. In case of a vacancy in the office of president, or in the event of his being unable to perform the duties of his office of pres office, by reason of absence or sickness, the common council shall appoint by ballot one of their own number to preside a their meetings, and the president pro tem so appointed shall be vested with all the powers and perform all the duties pertaining to the office of president until the president of the village shall resume his office or the vacancy be filled by a new election.

SEC. 10. The common council shall have authority to pre

serve order and propriety in its proceedings, and to punish by fine and imprisonment all disorderly, disrespectful or contumacious conduct in its presence, and also to compel by pecu niary penalties the attendance of its members and officers; and all moneys that may be received under the provisions of this section shall be expended by the common council for the benefit of the village in such manner as may by them be .deemed meet.

common coun.

SEC. 11. In all cases in relation to which, by the provi- Powers of sions of this act, the common council have power to enact or- cil. dinances and bye-laws, they may prescribe a penalty for the violation of such ordinances, not exceeding fifty dollars for any one offence in the violation or non-observance thereof; and may also provide that in default of payment of any judg. ment rendered for such violation or non-observance, the offender may be imprisoned for such term, not exceeding thirty days, for which purpose the authorities of said village shall have the use of the jail of Racine county, for the imprisonment of any person incurring that penalty, and all persons committed to said jail, by any officer of said village, shall be in the custody of the sheriff of said county, and said village shall pay the expense of keeping and maintaining all such prisoners: Provided, that the use of such jail as aforesaid, shall in no manner interfere with or intercept the use of said jail by the proper authorities of the county.

SEC. 12. Every execution issued upon judgment, for vio- Execution to lations of any ordinance or bye-laws of said village, shall be be specific. specific in in its directions for the collection of the fine or fines, or for the imprisonment of the delinquent or delinquents.

Powers of

SEC. 13. The marshal of said village shall be invested with all the powers and authority now vested in any consta- marshal. ble of said village, and shall moreover attend upon the sessions of the common council whenever required by the couneil so to do, and shall be recognized as the chief cfficer of the police of said village.

SEC. 14. From and after the adoption of these amendments to the charter of the village of Racine, the common council

Council to

have power to open streets, &c.

School.com. missioners to continue as heretofore.

Council have

of said village shall have exclusive power by the enactment of ordinances to that effect, to open and repair all streets within the corporate limits of said village, to levy a tax in poll or otherwise, for that purpose, and to exercise exclusive jurisdiction over all streets and highways within their corporate limits, and all the power and authority heretofore exercised by the road commissioners and overseers of highways for the town of Racine, within the limits of said village shall cease and determine from and after the adoption of this amended charter by the voters of said village.

SEC. 15. The school commissioners of the town of Racine shall continue as heretofore, notwithstanding the adoption of this amended charter, to exercise all jurisdiction pertaining to their office, over and within said village: Provided, that such a re-arrangement of the school districts within the corporate limits thereof shall be made as soon after the adop tion of this amended charter as may be, as to couâne all such districts within said village, to the corporate limits thereof, and no territory without such limits shall remain attached, or hereafter be attached to any district within those limits.

SEC. 16. The common council shall have power to ap power to ap- point an attorney for said corporation, and such other officers point attor as they may deem necessary for giving effect to the provissions of this act, and fix their compensation.

ney.

SEC. 17. So much of the first section of the act incorpoAct ponded rating the village of Racine, approved February 13, A. D. 1841, as defines the corporate name of såid village, shall be, and hereby is so amended as to read "The President and Common Council of the village of Racine."

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SEC. 18. It shall be, and is hereby made the duty of the pres ident and trustees of the village of Racine, to provide for submitting these amendments to the charter of said village to the legal voters thereof, on the third Monday in March, A. D. 1848, by opening the polls of election within the court house, ia said village, at ten o'clock in the forenoon, and keeping the same open until four o'clock in the afternoon of that day, and by receiving the votes of all persons at present qualified to vote for village officers. On the ballots thus to be voted

shall be written or printed the words "For new Charter," or, "Against new Charter," and if on a majority of all the votes thus given on the third Monday in March aforesaid, the words "For new Charter," shall be written or printed, then this act shall be and remain in full force and effect, from and after said day; but if on a majority of all the votes thus given on said day there shall be written or printed the words "Against new Charter," then this act shall be null and of no effect; and said election shall be held by the same officers, and be conducted in all respects in the same manner as elections for municipal officers of said village have heretofore been held, and the votes shall be counted and the result declared the same as at the elections above nained. In the event of the adoption of this amended charter by the legal voters of said village, then it shall be the duty of the present board of trustees of said village, to provide for the election of all the officers of the village as provided for in the amended charter, and as directed in the third section of this act.

SEC. 19. All acts and parts of acts contravening any of the provisions of this act are hereby repealed.

TIMOTHY BURNS.

Speaker of the House of Representatives.

HORATIO N. WELLS,

APPROVED March 9, 1848.

President of the Council.

HENRY DODGE.

Commission

AN ACT

To incorporate the Neenah and Manitouwoc
Plank Road Company.

Be it enacted by the Council and House of Representatives of the Territory of Wisconsin :

SECTION 1. That Harrison Read, George W. Lawe, Charles ers appointed. Doty, Evander M. Soper, and Cornelius Northup, be, and they are hereby appointed commissioners under the direction of a

majority of whom subscriptions may be received to the capital stock of the Neenah and Manitouwoc Plank Road Company, Books opened hereby incorporated; and they may cause books to be opened at such times and places as they shall direct, for the purpose of receiving subscriptions to the capital stock of said company, first giving thirty days notice of the times and places of taking such subscriptions, by publishing the same in two or more newspapers printed in Winnebago, Manitowoc, Brown or Fond du Lac counties.

Amount of capital stock.

SEC. 2. That the capital stock of said company shall be two hundred thousand dollars, in shares of ten dollars each; and as soon as one thousand shares of the capital stock shall be subscribed, and one dollar of each share actually paid in, the subscribers of such stock, with such other persons as shall associate with them for that purpose, their successors and assigns, shall [be,] and they are hereby declared and created a body corporate and politic, by the name and style of Name and "The Neenah and Manitouwoc Plank Road Company," with style and perpetual succession; and by that name shall be capable in powers of corporation. law of purchasing, holding, selling, leasing, and conveying estate, either real or personal or mixed; and in their corporate name may sue and be sued, may have a common seal, which they may alter or renew at pleasure, and generally may do all and singular the matters and things which they

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