CHAPTER 98. styled acting Mayor, and acts performed by them shall have the same force and validity as if performed by the Mayor.

Clerk-duties.

Treasurer-du

ties & powers.

ties.

§ 4. The City Clerk shall keep the corporate seal and all the papers and records of the city; and keep a record of the proceedings of the Common Council, at whose meetings it shall be his duty to attend, and copies of all papers filed in his office, and transcripts from the records of the Common Council certified by him under the corporate seal, shall be evidence in all courts in like manner as if the original were produced, he shall draw and countersign all orders on the treasury, in pursuance of any order or resolution of the Common Council, and keep a full and accurate account thereof, in books provided for that purpose. Whenever the Clerk shall be absent from any meeting, the Common Council may appoint a Clerk pro tem. The City Clerk shall have power and authority to administer oaths and affirmations.

§ 5. The Treasurer shall perform such duties and exercise such powers as may be lawfully required of him by the ordinances of said city or the laws of this State. He shall receive all moneys belonging to the city, and keep an accurate and detailed account thereof, together with an account of all disbursements, in such manner as the Common Council shall direct. He shall report to the Common Council as often as required, and annually at least ten days before the annual election, a full and detailed account of all receipts and expenditures since the date of the last annual report, and also of the state of the treas ury, which statement shall be filed with the Clerk. City Treasurer shall be collector of taxes in said city, and in addition to the powers and duties already specified, shall have the same powers and duties and be subject to the same liabilities as treasurers in towns. All funds raised and received by said Treasurer under and by vir tue of "an act to authorize the city of Portage to construct a toll bridge across the Wisconsin River," approved January 23d, 1857, shall be kept separate from all other funds, and shall not be paid out except upon orders drawn upon that specific fund,

The

Marshal-du- 6. The Marshal shall possess all the powers of a constable in towns, and be subject to the same liabilities. It shall be his duty to execute and return all writs and processes to him directed by the Mayor, and when necessary in criminal cases, or for the violation of any ordi nances of said city, or laws of this State, may pursue

and serve the same in any part of the State of Wiscon- CHAPTER 99. sin. It shall be his duty to suppress all riots, disturbances and breaches of the peace, to apprehend any person in the act of committing any offence against any ordinance of said city, or laws of this State, and forthwith bring such person before competent authority for examination; and for such service he shall receive such fees. as are allowed to constables for like service. He shall do and perform all such duties as may lawfully be en. joined upon him by the ordinances of said city. He shall have the power to to appoint one or more deputies to be approved by the city Council, but for whose official acts he shall be responsible, and of whom he may require a bond for the faithful discharge of their duties.

§ 7. The Common Council shall have power from Common Countime to time to require other and further duties to be cil-powers & per- duty. formed by any officer whose duties are herein prescribed, and to appoint such other officers as may be necessary to carry into effect the provisions of this act, and to prescribe their duties and to fix the compensation of all officers appointed by them when the compensation is not fixed by statute or this charter, such compensation shall be fixed by resolution, at the time the office is created or at the commencement of the year, and shall not be increased or diminished during the term such officer shall remain in office, nor shall any allowance be made for extra services.

etc.

$ 8. The Council, at the first meeting after their elec- City Printer, tion, or as soon thereafter as practicable, shall designate a newspaper printed in said city in which shall be published all ordinances and other matters required by this act, or the by-laws or ordinances of the city to be published in a newspaper.

§ 9. The city printer or printers, immediately after the publication of any notice, ordinance, or resolution, which by this act is required to be published, shall file with the Clerk of the city a copy of such publication with his or their affidavit, or the affidavit of his or their foreman, of the length of time the same has been published, and such affidavit shall be conclusive evidence of the publication of such notice, ordinance or resolution as stated in such affidavit.

§ 10. If any person having been an officer in said city shall not within ten days after notification and request, deliver to his successor in office all property, books, papers and effects of every description, in his possession belonging to said city or pertaining to the office, he may

CHAPTER 98. have held, he shall forfeit and pay to the use of said city one hundred dollars beside all damages caused by his neglect or refusal so to deliver; and such successor may recover possession of such books, papers, and effects, in the manner prescribed by laws of this State.

Aldermen shall

not be interested in any job

or contract.

peace.

§ 11. No Alderman shall be party to, or interested in any job or contract with the city, and any contract in which an Alderman be so interested shall be null may and void, and in case any money shall have been paid on any such contract, the Common Council may sue for and recover the amount so paid from the parties to such contract, and the Alderman interested in the same, or either or any one of them.

Officers of the § 12. The Mayor or acting Mayor, Sheriff of Columbia county, and each and every Alderman, Justice of the Peace, Marshal, Constable and Watchman shall be officers of the peace, and may command the peace and suppress in a summary manner all rioting and disorderly behavior within the limits of the city, and for such purposes may command the assistance of all bystanders, and if need be, of all citizens and military companies; and if any person, by-stander, military officer or private, shall refuse to aid in mantaining the peace when so 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 riotous or disorderly behavior, the superior or senior officer present, in the order above mentioned in this section, shall direct the proceedings.

-duties.

City Surveyor, § 13. The Common Council shall elect a City Surveyor, who shall be a practical Surveyor and Engineer. He shall keep his office at some convenient place within said city, and the Common Council shall prescribe his duties and fix the fees and compensation for any service performed by him-all surveys, profiles, plans or estimates made by him for the city shall be the property of the city, and shall be carefully preserved in the office of the Surveyor, or filed with the City Clerk when ordered by the Common Council, open to the inspection of the parties interested; and the same together with all books and papers appertaining to said office shall be delivered over by the Surveyor at the expiration of his term of office to his successor, or to the Common Council. The certificate of such Surveyor shall have the same force and effect in all courts as the certificate of a County Surveyor.

§ 14. All actions to recover any penalty or forfeit- CHAPTER 98. ure under this charter, or the ordinances, by-laws, police Actions to reand health regulations made in pursuance thereof, shall cover any penbe brought in the corporate name of the city, and may alty. be heard and determined by or before any Justice of the Peace in the city. All fines and penalties collected by any Justice in such cases, shall be paid over to the city Treasurer, except those for refusing to work upon the highways, which shall be paid over on demand to the Street Commissioner of the ward in which labor ought to have been performed. Each Justice shall report to the Common Council on the first Monday in January, April, July and October, in each year, a statement of all such fines and penalties collected by him, and at the same time pay over the amount thereof to the city Treasurer, except as above mentioned.

§ 15. No person shall hold more than one elective Elective offices, office under this act at one time.

§ 16. Any officer may resign his office by filing his Resignation. written resignation with the Clerk, and such resignation shall take effect and his office shall be deemed vacant from the time such resignation shall be accepted by the Common Council.

CHAPTER IV.

THE COMMON COUNCIL-ITS POWERS AND DUTIES.

etc.

SECTION 1. The Mayor and Aldermen shall constitute Council-style the Common Council, and the style of all ordinances of ordinances, shall be, "The Mayor and Common Council of the city of Portage do ordain," &c. The Common Council shall meet at such time and place as they shall fix upon. A majority of the Aldermen shall constitute a quorum.

§ 2. The Common Council shall hold stated meet- Meetings. ings, 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 business or abode. The Common Council shall determine the rules of its own proceedings, and have power to compel the attendance of absent members.

§ 3. The Common Council shall have the manage- Finances, etc. ment and control 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 and authority 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,

CHAPTER 98. for the suppression of vice, the prevention of crime, and for the benefit of trade, commerce and health thereof, as they may deem expedient; declaring and imposing penalties, and to enforce the same against any person or persons who may violate any of the provisions of such ordinances, rules or by-laws, and such ordinances, rules and by-laws are hereby declared to be and have the force of law: Provided, they be not repug nant to the constitution and by-laws of the United States or of this State, and for these purposes shall have authority by ordinances, resolutions or by-laws.

Previso.

Sale of intoxi

1st. To license and regulate the exhibition of comcating liquors. mon showmen or shows of any kind, or the exhibition of caravans, circuses, or theatrical performances, billiard tables, bowling saloons, and to provide for the abatement and removal of all nuisances under the Exhibitions. ordinances or at common law, and to grant licenses and regulate groceries, taverns, victualing houses, and all persons vending or dealing in spirituous, vinous or fermented liquors.

Gambling.

Riots.

Nuisances.

Streets.

2d. To restrain and prohibit all descriptions of gaming 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, disturbance or disorderly assemblages, suppress and restrain disorderly houses, or groceries and houses of ill-fame, and to authorize the construction of all instruments used for the purposes of gaming.

4th. To compel the owner or occupant of any grocery, cellar, tallow chandler shop, factory, tannery, stable, barn, privy, sewer, or other unwholsome, 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.

5th. To direct the location and management of slaughter-houses and markets, and regulate the storage, sale, keeping, and conveying of gunpowder, or other combustible materials.

6th. To prevent the encumbering of the streets, sidewalks, lanes or alleys, with carriages, carts, wagons, sleighs, boxes, lumber, fire-wood, or any other material or substance whatsoever.