Trustees to appoint marshals.

Part of act repealed.

Notice of sale for taxes.

money as may be necessary to meet the expenditures of that office, authorized by law, not exceeding one hundred and fifty dollars, for the faithful expenditure of which the adjutant general shall account with the auditor of the Tertitory, and make report to the next Legislature.

APPROVED, February 17, 1842.

AN ACT to change the corporate limits and powers of the town of Milwaukee.

Be it enacted by the Council and House of Representatives of the Territory of Wisconsin:

§ 1. That it shall hereafter be lawful for the trustees of the town of Milwaukee to appoint one marshal within the limits of each ward: the powers, privileges and duties of each to be the same as now provided in the 19th section of the act to which this is amendatory.

§ 2. That so much of the act to which this act is an amendment, as authorizes a deduction of five per cent from the amount of tax assessed and paid before the last day of August, as provided in the 13th section of the act to which this is amendatory, be and the same is hereby repealed.

§ 3. That it shall be the duty of the treasurer, within the month of September in each year, to give public notice by advertisement in one or more newspapers published in said town, of the time and place when and where he will sell all the lots and tracts of land upon which taxes remain unpaid, or so much thereof as will satisfy and pay all taxes which may be assessed thereon, together with all costs and other liabilities which shall accrue by Advertisem❜t. advertisement and sale, agreeably to the provisions of this act and the act to which this is an amendment, shall be published eight successive weeks, commencing in the month of September; and it shall not be necessary to enumerate each lot or tract of land Duty of treas- severally, nor the amount chargeable to each lot separately. And

urer.

it shall be the duty of the trustees to direct the treasurer to add to.

tice in news

paper.

the amount of tax on all lots so advertised for sale a sum sufficient to cover all costs accruing in consequence of such advertisement. §4. That six months previous to the expiration of the time Shall give nolimited for redeeming lands or lots sold for delinquent taxes, it shall be the duty of the treasurer of said town to publish at least four weeks successively, in some newspaper or newspapers printed in said town, a list of all unredeemed lots and lands, describing each lot or tract as the same was assessed and sold, together with a notice to all interested therein, of the time when the same will become forfeited; and the trustees of the said town shall fix and Lands when forfeited. determine the amount which shall be paid for printing such advertisement, and for other expenses consequent thereon; and it shall be the duty of the treasurer to add the expense so fixed and determined, to the tax which may be levied on each of said lots for the year in which such advertisement shall be made, and to collect the same on behalf of the corporation, in the same manner as other taxes are collected, as a special tax, to pay for the expense of making such advertisement.

Treasurer to

collect amount to payexpenses

and alter ordi

§ 5. The president and trustees shall have power, within the Power to make corporate limits of the town of Milwaukee, to make and establish, nances. publish, alter, modify, amend and repeal, ordinances, regulations, rules and bye-laws, for the following purposes, and for enforcing penalties on any person or persons violating the same: Provided, that such ordinances, regulations, rules or bye-laws, shall not be repugnant to the Constitution and Laws of the United States or of this Territory:

ers, shows, &c..

1st. To license and regulate taverns, groceries and victualing To license and houses, and all persons retailing or dealing in spiritous, vinous and regulate retailfermented liquors, and to license and regulate the exhibition of common show-men, or shows of any kind, or the exhibition of any natural or artificial curiosities, caravans, circuses or theatrical. performances.

2d. To restrain and prohibit all descriptions of gaming and To prevent fraudulent device and practice, and all playing of cards, dice, or gaming. other games of chance, for the purpose of gaming in said town.

To prevent ri

ots.

To prevent nuisances.

Tokeep streets clean.

To prevent horse-racing.

To restrain cattle, &c.

Dogs.

Dead animals, how removed.

Pumps, cisterns, &c.

3d. To prevent any riots, noise, disturbance or disorderly assemblage,suppress and restrain disorderly houses and groceries, houses of ill-fame, billiard tables, nine or ten pin alleys or tables, and to authorize the destruction of all instruments used for the purpose of gaming.

4th. To compel the owner or occupant of any grocery, cellar, tallow chandler's 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 may be necessary for the health, comfort and convenience of the inhabitants of said town.

5th. To direct the location and management of all slaughter houses and markets, and regulate the storage, keeping and conveying of gun-powder, or other combustible material.

6th. To prevent the encumbering of the streets, side-walks, lanes and alleys, with carriages, carts, sleighs, sleds, boxes, lumber, timber, fire-wood, or any other material or substance whatever.

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

Sth. To restrain the running at large of cattle, horses, swine and sheep, and to authorize the distraining, impounding and sale of the same for the penalty incurred and cost of proceeding.

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

10th. To prevent any person from bringing, depositing, or having within the limits of said town, any putrid carcass, or any other unwholesome 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 on default, to authorize the removal thereof by some competent officer, at the expense of such person or persons.

11th. To make and establish public pounds, pumps, wells, cisterns and reservoirs, and regulate cartment and cartage.

12th. To erect lamps and regulate boards of health; provide Board of health cemetery grounds and regulate the burial of the dead, and the re

turn of bills of mortality; and to exempt burying grounds and grounds set apart for public use, from taxation.

13th. To regulate the procuring of fire buckets and the pur- Fire depart chase of fire engines; and to preserve said town from injuries by

fire.

14th. To regulate the size of bread, the weight and price;

and regulate weights and measures.

15th. To abate and remove nuisances.

ment.

16th. To regulate the building of wharves, bridges, mill- Wharves, &c. races and canals, and to alter and lay out new streets, alleys and highways; and to regulate the planting of trees for shade, ornament and convenience, within said town.

§ 6. The penalties imposed for the breach or violation of any Fine and imprisonment for ordinance, regulation, rule or bye-law, made in pursuance of the violation. provisions of this act, or of the act of which this amendatory, shall in no case exceed the sum of fifty dollars and five days imprisonment, for any offence; and penalties when collected, shall be paid into the treasury of said town, to be used for such purposes as the trustees may deem proper.

when to take

§ 7. Any ordinance, regulation, rule or bye-law, imposing any Ordinances penalty or forfeiture for violation of its provisions, shall be pub- effect. lished for three weeks successively, in some one of the newspapers printed in the town of Milwaukee, before the same shall be in force and effect; and proof of such publication, by the affidavit of the printer or foreman in the office of the newspaper where such publication is made, shall be conclusive evidence of the promulgation of such ordinance, regulation, rule or bye-law, in all courts and places.

§8. No person shall be an incompetent judge, justice, witness or juror, by reason of his being an inhabitant of the town of Milwaukee, in any action or proceeding in which said town is a party in interest.

Inhabitants not to be disqualified.

§ 9. The trustees shall have power to cause any alley, street, Streets, &c.

therefor.

ers to assess.

lane or highway in said town, to be graded, levelled, paved or repaired, and to cause cross and side-walks, drains, sewers and aqueducts, to be constructed and made, and repaired in said town, and to cause the expenses of all improvements made and dedicated Tax assessed under this section, (except side-walks,) to be assessed upon the real estate in any ward in said town deemed benefitted by such improvement, in proportion to the benefits resulting thereto, as near as may be; which assessment or tax, shall not exceed one per centum per annum on the cash value of the property assessed. The trustees shall determine the amount to be assessed for all improvements to be made or directed under this section, and shall appoint by a majority all the trustees of the ward in which such Trustees to ap- improvement is to be made, three respectable freeholders, residing point freeholdwithout the said ward, to make such assessment. The said as To be sworn sessors so appointed, shall be sworn faithfully and impartially to execute their duties as such assessors, according to the best of their ability; and before entering upon the duties assigned them, Notice to be shall give notice to all persons interested, of the time and place given. waiting to make such assessment, by publishing such notice, at least one week in some newspaper published in the town of Milwaukee; and they may, if necessary, adjourn from day to day. The said assessors shall assess the amount directed by the trustees to be assessed for any such improvement, on the real estate deemed by them to be benefitted thereby, in proportion to the benefit resulting thereto, as nearly as may be, and shall briefly describe in the assessment roll, to be by them made and returned, the real estate on, or respect to which, any assessment is made, and when complete, they shall give a like notice, and shall have power to make corrections of same.

Shall assess.

May appeal to the board of

trustees.

§ 10. The assessors, after the completion of their assessment roll as aforesaid, shall deliver the same to the clerk of the board of trustees; and any person interested, may appeal to the board of trustees for the correction of such assessment. "Such appeal shall be in writing, and shall be delivered to the clerk of said board within ten days after the said assessment roll is filed with the said clerk. In cases of appeal, the board of trustees shall give notice t of the time and place of hearing those intérested, and shall have