may issue an all such persons committed to said jail by the marshal or any other officer, shall be under the charge of the sheriff of said county; and every execution issued upon Body executions judgments for any violation of the provisions of this act, judgments. or for the violation or non-observance of any ordinance or by-law, rule, regulation or resolution of said village, shall contain a clause directing, in the event of the nonpayment of the judgment, the imprisonment of the defendant in the said county jail, or the jail provided by said village, for such term as shall have been provided for by this act, or the ordinance, rule, regulation, resolution or by-law under which the judgment shall have been rendered, or in the discretion of the court, in the absence of such provision by this act, or by rule, regulation, resolution, by-law or ordinance. All fines, penalties and forfeitures, when collected, shall be paid into the treasury of said village for its use. d T recover penalties SECTION 23. All actions brought to recover any How actions to penalty or sum of money or forfeiture under this act, or to be brought. the ordinances, by-laws, or rules, regulations, resolutions, shall be brought in the corporate name of the village, without being required to give security for costs in any such action, and the process may be either by summons or warrant; and it shall be sufficient, without setting forth the special matter, to declare generally, stating the clause of this act, or by-law, ordinance, resolution, rule or regulation, under which the action is brought.. The defendant may plead the general issue, and give the special matter in evidence, and a printed copy of an ordinance, by-law, rule, régulation of [or] resolution, published in a newspaper or pamphlet, by authority of the trustees, shall be prima facie evidence of the passage and publication of such ordinance, by-law, rule, regulation or resolution. SECTION 24. Any ordinance, regulation, resolution, Publication of rule or by-law imposing any penalty or forfeiture for ordinances, &c. the violation of its provisions, shall be published one week in some newspaper in the village, before the same shall be in force, except as hereinafter provided; and proof of such publication, by affidavit of the printer or foreman in the office of such newspaper, or by producing such newspaper containing such publication, shall be conclusive evidence of the publication and promulgation of such ordinance, regulation, resolution, Ibid. Appeals. Suits to abate nisances. rule or by-law, in all courts and places; and within ten days after such publication, they, with said affidavit, shall be recorded by the clerk of the village in books to be provided for that purpose, which record shall also be conclusive evidence of such publication and passage of such ordinance, rule, regulation, resolution or by-law, in all courts and places. No ordinance, rule, regulation, resolution, by-law or appropriation shall be passed, made, altered, amended or repealed without an affirmative vote of a majority of the president and trustees in its favor, which vote shall be taken by ayes and noes, and entered of record. SECTION 25. All notices, ordinances, by-laws, rules, regulations, resolutions or other matter required by or under this act to be published in a newspaper, shall be published in a weekly newspaper published in said village, if there be one, and if no such paper shall be published in said village, then the same shall be published by posting up the same, either in writing or print, in three or more of the most public places in the said village. In all actions brought by or in the name of the said village, or against it, the said village shall have the same right of appeal, or to a writ of certiorari or of error, as individuals have, and in no case shall any judgment be rendered against said village for costs, but it shall be liable for costs to the same extent that the state is liable for costs in criminal cases, and no more; and no person shall be an incompetent judge, justice, witness or juror by reason of his being an inhabitant of said village, in any action or proceeding in which said village is a party or interested. SECTION 26. The powers conferred upon the said president and trustees, 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 intoxicating, alcoholic, malt, mixed, spirituous, vinous or fermented liquors are sold, without the license required therefor, houses or buildings of any kind wherein more than ten pounds of gunpowder are deposited, stored or kept at any one time, are hereby declared and shall be deemed public or common nuisances, and shall be abated as herein provided, and according to the laws of this state for abating nuisances. diction. SECTION 27. The police justice and the justices of Exlusive juris fire department missioner. SECTION 23. The trustees shall have power to ap- Chief engineer cess against vil- SECTION 29. When any suit or action shall be com- Service of pro- to be levied on. SECTION 30. No real or personal property of the Rin opening streets. tained. SECTION 31. The president and trustees, in case of Damages for Expenditure of highway taxes. Payment of outstanding debts. eration the benefit, if any, as well as the damage from the laying out or widening of such street, alley or pub lic walk, to such party claiming damages; and the persons so selected, summoned and sworn, shall proceed to the discharge of their duty in the premises, and make report in writing over their several signatures, to said president, within twenty-four hours, which report shall be binding upon the corporation and the party claiming such damage. SECTION 33. All highway taxes assessed or payable on property or persons resident or being within said village, shall be assessed, collected and expended by the trustees of said village, or under their direction, on any and all the streets in said village, but not on any sidewalks therein; and no overseer of highways shall be elected by the town of Oconomowoc or Summit, or any highway taxes levied or assessed by either town, within the limits of said village, or have any jurisdiction or control over the streets or highways therein, except for the purpose of buliding and keeping in repair the bridges therein. SECTION 34. The president and trustees shall have power, and it is hereby made their duty, in each year, to levy and assess upon the taxable property in said village, such a sum of money as taxes as shall be sufficinet to pay and discharge the outstanding debt of the corporation, if any, and its expenses for the current water year, after applying the money derived from other sources to such purposes, and no morenta How tax levied. Amount to be determined. SECTION 35. All taxes raised and collected" in the said village of Oconomowoc, for the purposes authorized by the last preceding section, shall be levied and assessed upon the same kinds of property, real and per sonal, within the corporate limits of the said village, as taxes for town, county and state purposes are levied and assessed: *!{ TI SECTION 36. The president and trustees of the said village shally on or before the first Monday of November, in each year, by resolution to be entered on the records, determine the amount of such corporation tax to be levied and assessed on the taxable property within the corporate limits of the said village for the current year; and the clerk of the said village shall thereupon, on or before the third Monday of the same month of November, in each year, deliver to the town clerke of T the town in which said village is situated, a certified copy, under his hand and name and the corporate seal of the said village, of all resolutions of the said presi dent and trustees, determining the amount of taxes to be levied and assessed for the current year, together with a description of the territory included within the corporate limits of the said village. and collected. SECTION 37. The town clerk or other proper officer, How assessed as the case may be, of the town in which said village is situated, shall assess, apportion and carry out such corporation taxes pro rata, according to the dollar valua tion, upon all the real and personal property liable therefor, in a separate column in the tax and assessment roll and warrant of his town, next thereafter issued and de livered to the town treasurer of his town for collection, in the same manner as he shall assess, apportion and carry out town,county and state taxes; and if for any rearon such corporation taxes shall not be assessed, appor tioned and carried out in the next assessment and tax roll and warrant, as herein provided, it shall or may be assessed, apportioned, carried out and collected in that of any succeeding year. The said corporation taxes shall be in all respects collected or returned delinquent in the same manner as town, county and state taxes are collected by law, and when collected shall be paid over by every officer collecting or receiving the same to the treasurer of the said village. Any officer or other person who shall neglect or refuse on demand to pay over any such corporation taxes when collected or received by him, in any manner, to such village treasurer, shall be liable to an action therefor, with twenty-five per cent. damages to be added thereto, to be sued for and recovered in the corporate name of the said village, both against such defaulting officer or other person and his sureties. assessor. SECTION 38. The town assessor of the town in which Duty of town said village is situated, in assessing the taxable property in his town in each year, shall assess the taxable property, real and personal, within the corporate limits of the said village, in one continuous part of his assessment roll, and foot up the valuations of all the items of property assessed and valued by him within said limits. Statement of ficers to be filed SECTION 39. No general law contravening the provisions of this act, shall be considered as repealing, court. with clerk of |