recommend, in writing, to the city council, such measures as he may deem expedient. He shall keep the seal of said city, sign all commissions, licences and permits which may be granted by the city council; he shall endeavor to maintain peace and good order, and see that the laws of the state and ordinances of the city are observed and executed; he shall have the power to administer oaths or affirmations and to take and certify acknowledgments of deeds and other instruments in writing as a judicial officer. He shall have power, and by giving the bonds required by law, may exercise the jurisdiction of justice of the peace; and to prevent or suppress riot or other public disturbances, he may appoint as many special constables as he may deem proper.

SEC. 9. The members of the city council shall, on the first Vacancy, &c. Monday after their election, or as soon thereafter as may be practicable, assemble and elect from their own body a president, to preside in their meetings in the absence of the mayor; and a majority of all the members shall be a quorum for the transaction of any business; each member shall be entitled to one vote, and the mayor shall preside at all meetings, if present, and shall have a casting vote, and no other. In case of a vacancy in the office of mayor or of his being unable to perform the duties of his office by temporary absence or sickness, the president of the city council shall be vested with all the powers and perform all the duties of the mayor, until the mayor shall resume his of fice, or the vacancy be filled by a new election.

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SEC. 10. The city council shall have power to preserve Powers of order and propriety in its proceedings, and to punish in summary manner, by fine and imprisonment, all disorder-t ly or disrespectful conduct in its presence, and also to compel, by pecuniary penalties, the attendance of its members. They shall determine the rules of their proceedings ando lo q ed keep a journal thereof, which shall be open to the inspection of any citizen at all reasonable times and hours, and prescribe the time and fix the place of holding their meetings, which shall at all times be open to the public.

SEC. 11. The mayor or each and every alderman, mar- In case of shal, deputy marshal, each and every justice and constable riots. of said city, shall be officers of the peace, and suppress, in a summary manner, all riotous and disorderly behavior in a manner consistent with the ordinances of said city, or the laws of this State, within the limits of said city; and for such purposes may command the assistance of all bystanders, and if need be all citizens and military companies; and

Powers of marshal.

Justices.

if any such bystanders, military officers or private of such company shall refuse to aid in maintaining the peace when so required, such person shall forfeit and pay such fine as may be prescribed by ordinance of the city council or the laws of the state in such case made and provided.

SEC. 12. The marshal shall possess all the powers of a constable of 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 neces sary in criminal cases or for the violation of any ordinance of said city, or laws of this State, may pursue and serve the same in any part of the state of Wisconsin. It shall be his duty to suppress all riots, disturbances and breach of the peace, to apprehend any person in the act of commiting any offence against any ordinance of said city, or laws of this state, and forthwith bring said person before competent authority for examination, and for such service he shall receive such fees as are allowed to constables for like services. He shall do and perform all such duties as may lawfully be enjoined upon him by the ordinance of said city. He shall have the power 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.

SEC. 13. All the justices of the peace and constables, elected by virtue of this act, shall have and exercise the same powers and duties, and be subject to the same liabilities and regulations as justices and constables of towns.

ไก “ SuperintendSEC. 14. The superintendent of schools shall have and ent of schools. exercise the same powers and duties, and be subject to the same liabilities as the superintendent of schools in towns, except as herein otherwise provided.

Duty of clerk. SEC. 15. The clerk shall attend the meetings of the city council and keep a record of their proceedings, and also a faithful record of all the doings and rates of the inhabitants at their regular or special meetings. He shall perform such duties as may be lawfully required of him by the city council, who shall fix and prescribe his compensation there10 for. He shall file in his office all chattel mortgages presented to him for that purpose, and safely keep the same, receiving therefor the same compensation as clerks of towns; and all chattel mortgages so filed shall be as valid and legal as if the same had been filed in the town clerk's office of any town. It shall also be his duty to do and perform any act required to be done by clerks of towns, not inconsistent with the provisions of this act; and in case of the absence

of the clerk, or of his inability to act, the common council may appoint a clerk to act during such absence or inability, who shall be subject to all the regulations applicable to the elected clerk. The records kept by said clerk shall be evidence in all legal proceedings; and copies of all papers filed in his office, and transcripts from the records of the proceedings of the common council certified by him. under the corporate seal, shall be evidence in all courts and places.

SEC. 16. The treasurer of said city shall perform such Duty of treaduties and exercise such powers, as may be lawfully re- surer. quired of him by the ordinances of said city or the laws of this state. All monies raised, received, recorded or collected by means of any tax, license, penalty, fine, forfeiture or otherwise, under the authority of this act, or which belongs to said city, shall be paid into the city treasury, and shall not be drawn therefrom, except by an order signed by the mayor or acting mayor, by order of the comluon council, and countersigned or attested by the clerk. He shall keep an accurate account of all monies or other things coming into his hands, as treasurer, in a book, to be provided for that purpose, which shall remain the property of the city, wherein he shall note the time when, and the persons from whom the amount of the several sums were received, which book shall at all reasonable hours be open to the inspection of any person having business therewith. He shall, as often as the common council require, render to said council a minute account of the receipts and expenditures of his office, and at the expiration of his office he shall hand over to his successor all moneys, books, papers and property in his possession belonging to said city. The said treasurer shall also be the collector of taxes, and for this service, except herein otherwise provided, he shall have the same powers and be subject to the same liabilities, be governed by the laws and receive the same compensation as treasurers of towns.

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SEC. 17. The common council shall have power to enact, Council may establish, publish, alter, modify, amend or repeal, and enact and enenforce all such rules, by-laws and ordinances for the gov ernment and good order of the city, for the suppression of vice, for the prevention of crime, for the promotion of health, 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 who may violate the provisions of such rules, by-laws, or ordinances as have been duly passed, adopted and published, in one

or more of the papers printed in said city, for three succes-i sive weeks prior to the taking effect thereof, and all such h rules, by-laws, and ordinances are hereby declared to be, and have the full force of laws: Provided, that they be not repugnant to the constitution and laws of the United States and of this State; and for these purposes they shall have authority by ordinances or by-laws.

1st. To license and regulate taverns, groceries, saloons, victualing houses, and all persons dealing in spirituous and intoxicating liquors. And to license and regulate the exhibition of common showmen, or showmen of any kind, or the exhibition of any natural or artificial curiosities, caravans, circuses, or theatrical performances, and to establish the price to be paid in all cases, except when they may be fixed by law.

2d. To restrain and prohibit all description of gaming and fraudulent devices and practices, and all playing with cards, dice, or other games of chance, for the purpose of gain, within said city.

3d. To prevent any riots, noise, disturbance, or disor derly assemblage, to suppress and restrain disorderly houses or groceries, and houses of ill-fame; and to autho rize the destruction of all implements or devices used for the purpose of gaming.

4th. To compel the owners or occupants of any grocery, cellar, tallow chandler's shop, soap factory, tannery, stable, privy, sewer, or other unwholesome or noxious place, cleanse, remove or abate the same, from time to time, as often as it may be deemed necessary for the health, comfort or convenience of the inhabitants of the city.

5th. To direct the location and management of all slaughter houses and markets, to regulate the storage and keeping of gunpowder, and other combustible materials.

6th. To prevent the encumbering of the streets, side and cross walks, lanes, alleys, or public grounds, with carriages, carts, sleighs, sleds, boxes, barrels, lumber, wood, or other materials or substances whatever.

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

8th. To restrain the running at large of cattle, swine, sheep, horses and poultry, and to authorize the distraining and sale of the same.

9th. To prevent the running at large of dogs, and to autho rize their destruction in a summary manner, when at large, contrary to the ordinances, or to impose a tax on the same

10th. To prevent any person burying, depositing, or Burying dead having within said city any putrid carcass, or unwholesome carcasses, &c. substance, and to require the removal of the same by any person who shall have upon his premises any such substance, or any putrid or unsound beef, pork, fish, hides or skins of any kind, and in default, to authorize the removal thereof by some competent officer, at the expense of such s person or persons.

11th. To make and establish public pounds, pumps, wells, Pumps, wells, fountains, cisterns, reservoirs, and to provide for the erec- &c. tion of waterworks for the supply of water to the inhabitants of said city, or any ward therein; to erect lamps, and to regulate and license hacks, cabs, drays, carts, and the charges of hackmen, cabmen, draymen and carmen, within the limits of said city.

12th. To establish and regulate boards of health, pro- Board of vide hospitals and cemeteries, and regulate the burial of health. the dead, and the return of bills of mortality.

13th. To procure fire engines, buckets, hooks and lad- Fires. ders, and other instruments for suppressing fires, to prescribe and regulate the materials of which houses may be built within certain limits, and the manner of erecting chimneys, and to provide for removing chimneys or stovepipes which may be deemed dangerous, at the expense of the owners of buildings, to provide and keep suitable ladders and fire-buckets, which are hereby declared to be exempt from seizure, or distress, or sale, in any manner; to direct a safe construction for the deposit of ashes; to appoint fire-wardens, and prescribe their duties and compensation, and generally to make such prudential regulations as may be deemed necessary for the prevention or arresting the progress and extinguishment of fires.

14th. To regulate the building of wharves and bridges, Wharves and and to provide for the security and protection of the same. bridges. 15th. To prevent all persons from riding or driving any

horse or other animal, or leading the same on the side Riding on side walks of said city, or in any way doing any damage to walks. such side-walks.

16th. To prevent the shooting of fire arms or crackers, or Fire-arms. the exhibition of fire-works in every situation which may be considered by the city council to be dangerous to the property in said city, or annoying to the inhabitants thereof.

17th. To restrain drunkards, immoderate drinking, or Drunkards. obscenity in the streets or public places, and to provide for arresting, removing, and punishing such person or persons who may be guilty of the same.