CHAPTER T2 in his possession, belonging to said city, or pertaining to the office he may have held, he shall forteit and pay to the use of the city, one hundred dollars, besides all damages caused by his neglect or refusal so to deliver, and such successor may recover the possession of such books, papers and effects, in the manner prescribed by the laws of this State.

Officers of the peace.

Government, corporate pow

ers.

Meetings.

Finances, etc.

§ 9. The Mayor, Sheriff of Fond du Lac county aforesaid, each and every Alderman, Justice of the Peace, Marshal, and Constable shall be officers of the peace, and suppress in a summary manner, all rioting and disorderly behavior within the limits of the city, and for such purpose may command the assistance of all bystanders, and if need be, of all citizens and mili tary companies; and if any person, bystander, military officer or private, shall refuse to aid in maintaining the peace when required, every such person shall forfeit and pay a fine of fifty dollars, and in cases when the civil power may be required to suppress riots or disorderly behavior, the superior or senior officer present, in the succession mentioned in this section shall direct the proceedings.

CHAPTER IV.

THE COMMON COUNCIL-ITS POWERS AND DUTIES.

SECTION 1. The Mayor and Alderman shall constitute the Common Council, and the style of all ordinances shall be " the Common Council of the city of Ripon do ordain, etc." The Common Council shall meet at such time and place as they by resolution shall direct. A majority of the Aldermen shall constitute a quorum.

§ 2. The Common Council shall hold stated meetings, and the Mayor may call special meetings, by notice to each of the members, to be served personally, or left at their usual places of abode. The Common Council shall determine the rule of its own proceedings, and be the judge of the election and qualifications of its own members, and have power to compel the attendance of absent members.

3. The Common Council shall have the control and management of the finances and of all property of the city, and shall likewise in addition to the powers herein vested in them, have full power to make, erect, ordain, establish, publish, enforce, alter, modify, amend and repeal all such ordinances, rules and by-laws for the government and good order of the city, for the sup

pression of vice and immorality, for the prevention of CHAPTER 72. crime, and for the benefit of trade, commerce and health, as they shall deem expedient; declaring and imposing penalties, and to enforce the same against any person or persons who may violate any of the provisfons of such ordinance, rule or by-law, and such ordinances, rules and by-laws are hereby declared to be and have the force of law: Provided, That they be not re- Proviso. pugnant to the constitution and laws of the United States and of this State, and for these purposes shall have authority by ordinances, resolutions or by-laws.

1st. To license and regulate the exhibition of com. Licencesmon showmen or shows of any kind, or the exhibition

of caravans, circuses, or theatrical performances, bil. Exhibitions. liard tables, bowling saloons, and to provide for the abatement of and removal of all nuisances under the ordinances or at common law, and to grant licenses for Sale of intoxicating liquors. selling spirituous, vinous or fermented liquors, and regulate groceries, taverns, victualing houses, and the persons vending or dealing in spirituous, vinous or fermented liquors, and revoke the same for a violation thereof: Provided, That the sum to be paid for any Proviso. such license shall not be less than the amount fixed and provided by the laws of this State, and that no license shall be granted for less than one year; And provided further, That no person thus licensed shall sell or give away spirituous, vinous or fermented liquors on election days.

2d. To restrain and prohibit all descriptions of gam- Gambling. ing and fraudulent devices and practices, and all playing of cards, dice or other games of chance, for the purpose of gaming in said city, and to restrain any person from vending, giving or dealing in spirituous, vinous or fermented liquors, unless duly licensed by the Common Council,

3d. To prevent any riots, noise, disturbances or disorderly assemblages, suppress and restrain disorderly Riots. houses or groceries, and houses of ill-fame, and to au thorize the destruction of all instruments used for the purpose of gaming.

4th. To compel the owner or occupant of any grocery, Public health. cellar, tallow chandler shop, soap factory, tannery, stable, barn, privy, sewer or other unwholesome, nauseous house or place, to cleanse, remove or abate the same, from time to time, as often as it may be deemed necessary for the health, comfort and convenience of the inhabitants of said city.

Ibid.

CHAPTER 72. 5th. To direct the location and management of slaughter houses and markets, and to prevent the erection of, use and occupation of the same, when the offal or filth therefrom shall discharge into the waters of the lakes or ponds within the city.

Streets, walks, etc.

side

Horse racing,

Public pound.

Nuisances.

Fast driving.

Fire-arms, etc.

6th. To prevent the encumbering of the streets, side walks, lanes or alleys with carriages, sleighs, boxes, lumber, firewood or any other materials or substances whatever.

7th. To prevent horse-racing, immoderate driving or riding in the streets, and to regulate the places of bathing and swimming in the waters within the limits of said city.

8th. To build public pound; to restrain the running at large of horses, cattle, swine, sheep, poultry and geese, and to authorize the distraining, impounding and sale of the same.

9th. To prevent the running at large of dogs, and to authorize the destruction of the same in a summary manner, when at large contrary to the ordinance.

10th. To prevent persons from bringing, depositing or having within said city, or placing adjacent to said city any putrid carcass, or other unwholesome substance, and to require the removal of the same by any person who shall have on his premises any such substance, or putrid or unsound beef, pork, fish, hides or skins of any kind, or on default, to authorize the removal thereof by some competent officers, at the expense of such person or persons.

11th. To prevent all persons from riding or driving any horse, mule, or any other animal on the side-walks in said city, or in any way doing damage to said sidewalk.

12th. To prevent the shooting of fire-arms or crackers, and to prevent the exhibition of fire-works in any situation which may be considered by the council dangerous to the city or any property therein, or annoying to the citizens thereof.

13th. To restrain drunkards, immoderate drinking, or Intemperance. obscenity in the streets or public places, and to provide for arresting, removing and punishing any person or persons who may be guilty of the same.

14th. To restrain and regulate runners and solicitors for stages, cars, public houses and other establishments. 15th. To make rules and ordinances for the government of the police of the city.

16th. To compel the owners of buildings, or grounds, CHAPTER 72. or the occupants, when they are occupied, to remove snow, dirt or rubbish from the side-walks, street or alley opposite thereto, and in default to authorize to removal of the objectionable substances by some officer of the city at the expense of such owner or occupant.

17th. To regulate, prevent, and controll the landing of persons from cars and stages wherein any contagious and intectious diseases or disorders exist, and to make such disposition of such persons as to preserve the health of said city.

18th. To erect hitching posts in the business streets of the city, and make the same chargable upon the adjacent lots.

Street Commis

19th. To appoint one Street Commissioner in each ward, (and to remove him at pleasure), whose compen- sioner. sation shall be one dollar and fifty cents for each day he shall be actually employed in the service of the city.

20th. To provide by ordinance for a standard of weights and measures, and for, the punishment of false weights and measures.

21st. The Common Council shall have jurisdiction Water-courses. over the water courses bordering on the city or running through the same, so as to prevent any deterioration of the waters, or any nuisance being cast therein, by which the health of the inhabitants of the city, or the purity of the waters shall be impaired.

22d. The Common Council shall power to require the Shade-trees. owner of any lot or grounds in the city, to set out shade or ornamental trees in the street or streets fronting the same, and in default thereof to cause the same to be done, and to levy a special tax upon such lot or grounds to pay the expense of the same.

to be published.

84. All laws, ordinances, regulation, resolutions, Ordinances, etc. and by-laws shall be passed by an affirmative vote of a majority of the Common Council, and shall be signed by the Mayor, and shall be published in a paper or papers selected by the Council, printed in said city, before the same shall be in force; and within fifteen days thereafter they shall be recorded by the City Clerk in books provided for that purpose, but before any of the said laws, ordinances, regulations or by laws shall be recorded, the publication thereof respectively, within the same time shall be proved by the affidavit of the foreman or publisher of each newspaper, and said affidavit shall be recorded therewith, and at all times shall be deemed and taken as sufficient evidence

Proviso.

CHAPTER 72. of the time and manner of such publication. Provided that in all cases where provision is made by this act for the publication in a newspaper of any law, ordinance, regulation, resolution, by-law, notice of election, notice for bids, or other matter, it shall be sufficient if such law, ordinance, regulation, resolution, by-law, notice of election, notice for bids or other matter, shall be posted by order of the Common Council in three conspicuous places in each ward, for such number of days as the said matter is required to be published; and the affidavit of the person who posted the said matter that it was duly posted as aforesaid, may be filed with the Clerk in the same time and manner, and with the like effect as the affidavit of the publisher or foreman when such matter has been published in a newspaper.

Nuisances.

Accounts

claims.

5. The power conferred upon the said Council to provide for the abatement or removal of nuisances, shall not bar or hinder suits, prosecutions or proceedings in the courts according to law. Gambling houses, houses of ill-fame, disorderly taverns and houses or places where spirituous, vino.s or fermented liquors are sold without the liscense required therefor, are hereby declared and shall be deemed public or common nui

sances.

and § 6. The Common Council shall examine, audit and adjust the accounts of the Clerk, Treasurer, Street Commissioner of each ward, Marshal and all other officers and agents of the city, at such times as they may deem proper, also at the end of each year, and before the term for which the officers of the said city are elected or appointed shall have expired. And the Common Council require each and every such officer and agent to exhibit his books, accounts and vouchers for such examination and settlement; and if any such officer or agent shall refuse to comply with the orders of the Council in the discharge of their duties as aforesaid, in pursuance of this section, or shall neglect or refuse to render his accounts or present his books and vouchers to said Council, it shall be the duty of the Common Council to declare the office of such person vacant, and the Common Council shall order suits and proceedings at law against any officer or agent of said city, who may be delinquent or defaulting in his accounts, or in the discharge of his official duties, and shall make a full record of all such settlements and adjustments.