ties. § 13. The Trustees shall appoint a Clerk, who shall CHAPTER 225 attend the meetings of said Trustees, and keep a record Clerk-his duof the proceedings, and also a faithful record of all their doings, and the votes of the inhabitants at the regular and special meetings, he shall perform such duties as are lawfully required of him by the Trustees, who shall prescribe and fix the salary thereof. The record kept by said Clerk shall be evidence in all legal proceedings, and copies of all papers required by law to be filed in his office, and transcripts from the records of proceedings of the Trustees, certified by him, and under the seal of the corporation, shall be evidence in all courts and places. All Treasurer, his § 14. The Treasurer of said village shall be also collector of taxes levied for State, county and village pur- duties. poses, and shall perform all such duties and exercise all such powers as may lawfully be required of him by ordinance of the Trustees or laws of the State. moneys received by means of any tax license, fine, forfeiture, or otherwise, under the authority of this act, or which may belong to the village, shall be paid into his hands as Treasurer, and shall not be drawn therefrom, except by an order signed by the President, ordered by the Trustees and attested by the Clerk, he shall keep an accurate account of all moneys coming into his hands as Treasurer; he shall, as often as required by the Trustees, render an account of receipts and expenditures, and at the expiration of the term of his office, shall hand over to his successor in office all moneys, books, papers and other property in his possession belonging to said office. The said Treasurer shall have the same powers and make his returns to the County Treasurer, be subject to the same liabilities and laws and receive the same compensation as town Treasurers. 1 1 Trustees, pow § 15. The Trustees shall have power to enact, establish, publish, alter, modify, amend, repeal and enforce ers, etc. all such rules, by laws, ordinances, for the government and good order of the village for supression of vice and immorality, preventing fires, for the promotion of health, removal of nuisances, and for the benefit of trade and commerce, as they may deem expedient declaring and imposing penalties, and to enforce the same against any person or persons who may violate the provisions of such rules, by-laws, or ordinances, as have been duly passed, adopted and published by putting up within the said village three hand bills, written or printed, in three of the most public places, at least two weeks prior CHAPTER 925 to the taking of effect thereof; and all such rules, by Licenses. Gaming. Biots. Disorderly houses. Slaughter houses. Horse racing. running at laws and ordinances are hereby declared to be and have full force of law: Provided, They be not repugnant to the constitution and laws of the United States or this State. The Trustees shall have power, 1st. To license and regulate taverns, groceries, saloons and victualling houses, and all persons dealing in spiritous or intoxicating liquours, and to license and regulate the exhibition of common showmen or showmen of any kind, or the exhibition of any natural or artificial curiosities, all caravans, circuses, and theatrical performances, and establish the price in all cases, except where the same may be fixed by law. 2d. To restrain and prohibit all discription of gaming and fraudulent devices and practices, and all playing with dice, or other games of chance for gain. 3rd. To prevent riots, noise, disturbances or disorderly assemblies. To suppress and restrain disorderly houses or grogeries, and houses of ill fame. To authorize the destruction of all instruments or devices for the purpose of gaming. 4th. To direct the location of all slaughter houses and markets. To regulate the storage and keeping of gunpowder and other combustible material. 5th. To prevent horse racing or immoderate driving or riding in the streets, and to regulate the places for bathing or swimming. Restrain cattle. 6th. To restrain the running at large of cattle, swine, horses, sheep, geese, and poultry, and to authorize the destraining and selling thereof. large. Boards of health. Extinguish 7. [8th.] To establish boards of health, provide hospitals, cemetries, and regulate the burial of the dead, and the returns of the bills of mortality. 8. [9th.] To procure fire engines, buckets, hooks and ment of fires. ladders, and other implements for the extinguishing of fires, prescribe and regulate the material of which houses shall be built within certain limits and the manner of errecting chimneys and stove pipes, which may be deemed dangerous, at the expense of the owners or occupants thereof, to require the owners of buildings to provide and keep suitable ladders and fire buckets, to direct the safe deposit of ashes, to appoint fire wardens, and prescribe the duties and compensation thereof. Bridges, etc. 9. [10th.] To regulate the building of wharves and bridges, and provide for the securing and protection of the same. 10. [11th.] To prevent the discharge of fire arms, rock- CHAPTER 225. ets or crackers, or the exhibition of any fireworks, which Fireworks. may endanger the persons or the property of the inhabitants of the village. 11. [12th.] To prevent all persons from riding, driving or leading any horse or other animals on the side walks, within the limits of the village, and from doing any damage to the same. 12. [13th.] To restrain drunkards or immoderate Intemperance. drinking, or obscenity in the streets or any public places, and provide for the arresting, removing and punishing any person or persons, who may be found guilty of the same. measures. 13. [14th.] To regulate the place and manner of weigh. Weights and ing hay, of measuring and selling wood, lumber, timber, lime, and sand, and when necessary to appoint suitable inspectors of the same. 14. [15th.] To protect trees and monuments within the village. 15. [16th.] To prevent the deposit within any waters of the village any dead carcass or filth of any kind, and prescribe penalties therof. 16. [17th.] To regulate compensation of all officers not provided for, except their own. 17. [18th.] To have a common seal, and alter the same at pleasure. 18. [19th.] To purchase, lease, hold and convey any estate real or personal, for the use of the village. § 16. The affidavit of the Clerk of the fact that he did put up hand bills publishing such rules, resolutions or ordinances as had been passed and adopted by the Trustees, at least two weeks before their taking effect, and put on record, shall be prima facie evidence that the provisions of this act have been complied with. Affidavit of Clerk of publishing rules. judge, etc. § 17. No person shall be an incompetent judge, jus- No person an tice, juror or witness, by reason of his being an inhabi- incompetent tant or freeholder in said village in any action in which the village is a party or interested. § 18. Every specification issued upon any judgment Judgments. for the violation or non-observance of any ordinance or by-law of said village, may contain a clause directing in the evidence of non-payment, of the judgment, the imprisonment of the defendant in the county jail for such time as shall have been provided by the ordinances under which the judgment shall have been rendered. All fines, penalties, forfeitures, for the breach of any law or CHAPTER 225 ordinance, when collected, shall be paid into the village treasury for the use of the village. Suits against village. Trustees to settle claims 19. When an action or suit shall be commenced against the village, the service thereof may be made by leaving an attested copy of the process, with the Clerk or President, and it shall be the duty of the person with whom such process is left, forthwith to inform the Trustees thereof. § 20. The Trustees shall settle all just claims and demands against the village, and pay the same by or against village. der on the Treasurer, and also settle with the Treasurer annually, and publish accounts of receipts and expendi tures. 21. The Trustees shall have power to appoint, at Power to ap- their pleasure, to remove the following officers, and such point officers. others as may be deemed necessary to carry out the powers conferred, to-wit: One Marshal for the village, one Chief Warden for the fire department, and as many assistants as may be deemed necessary, one or more Street Commissioners, and prescribe the duties and compensations, and to inflict fines and penalties for any malfeasance in office. Farther powers of Trustees. Vacancies. § 22. It any of the duties enjoined by this act at any time herein specified by any ordinance of the Trustees are not then done, the Trustees may appoint some other time when the said duties may be done: Provided, The officer so failing shall not be exonerated from prosecution or fine for neglect of performing their duties. 23. Whenever the office of any person elected under the provision of this act, shall become vacant from any cause whatsoever, the same may be filled by special election, to be held at such time and place as the Trustees may designate, and the person or persons so elected shall fill the vacancy during the remainder of the term of his predecessor. 8 24. The Trustees shall have power to authorize Fire companies the formation of a Fire Engine, Hook and Ladder and Hose Companies; provide for the due and proper regu lation of the same, and disband any such companies at any time, and prohibit as such when disbanded. All companies formed by the authority of the Trustees shall be officered and governed by their own laws: Provided, Such by-laws be not inconsistant with the laws of the State or with the ordinances and regulations of the vil lage. Every member of any such company in said village shall be exempt from serving on juries and from poll tax and military duty, except in case of war, inva- CHAPTER 225 sion or insurrection; and whenever a member of either of the companies aforesaid shall have served therein ten years, he shall be entitled to a discharge, signed by the President, and shall thereafter be exempt as aforesaid. § 25. Upon application of two-thirds of the resi Grading strects dent owners upon any strect or part of a street, the Trustees shall have the power to cause to be graded, gravelled, paved or planked, any street or part of a street, in said village; to levy and collect as specified tax, on lots and lands bordering and fronting on such street or sidewalks in proportion to the front and size of such lots respectively, for the purpose of defraying the expenses of the same, in addition to the ordinary tax authorized by this act, to be levied and collected in the same manner as annual taxes are collected; and it shall be the duty of the Trustees to provide by ordinance for the assessing, correcting and equalizing such special tax. SEC. 26. The Trustees shall have power to tax each Personal tax. male person, who by the laws of the State, is subject to perform highway work or labor, not to exceed two days' labor on the streets of said Village, but any such person may at his option pay at the rate of one dollar per day for eve ry day he may be bound to labor, which money and labor shall be expended by the Street Commissioner, under the direction of the Trustees, and in default of the payment of such money or labor, the Street Commissioner may sue for and collect such money, in the name of the Village of Markesan, with fifty per cent. damages on the same, together with costs of suit before any Justice of the Peace. The said Trustees shall also have power to levy a tax on all assessed property within said Village, for the purpose of repairing and improving streets in said Village, to be taken from their last assessment roll, to be expended under the order of the Trus tees; Provided, That said tax shall in no one year, exceed three mills on the dollar, valuation. SEC. 27. For the discharge of any debts against said Annual tax. Village, or expenditure authorized by the Trustees, under the provisions of this act or ordinance of said Trustees, the Trustees shall have power to levy and collect, annually, a tax on all such real estate and personal property, or capital of any kind within said Village, subject to taxation by the laws for levying State and county taxes, for the time being; Provided, That such tax shall not in any year exceed one per cent. on the dollar of the assessed property. |