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Duty of presi- SEC. 10. It shall be the duty of the president to preside at all meetings of the trustees, to see that all by-laws and ordinances are duly observed, and to prosecute all suits which may be neces sary, in the name of the corporation.

Duty of clerk.

Duty of treas

urer.

SEC. 11. It shall be the duty of the clerk to keep a record of the doings of the board of trustees, especially of the passing of by-laws, ordinances and regulations, and also a faithful record of all the doings and votes of the inhabitants of said village, at their annual and other legal meetings, and to keep on file all papers which may be ordained by the trustees. The records kept by the clerk, shall be evidence in all legal proceedings, and copies. of all papers duly filed in his office and transcripts from the records of proceedings of the board of trustees, certified by him under the corporate seal, shall be evidence in all courts of the contents of the same.

SEC. 12. The treasurer of said village shall receive all moneys which may be collected for the use of the corporation by virtue of this act, or by virtue of any by-law or ordinance of the corporation, or which may arise from any other source and belong to the corporation, and give to the person paying the same, his receipt therefor. All moneys shall be drawn from the treasury by warrants or orders signed by the president, by order of the trustees, and countersigned by the clerk, who shall keep an account thereof, in a book to be by him kept for that purpose, which warrant shall set forth for what purpose the a mount specified therein is to be paid,and the said treasurer shall pay out the funds of the corporation in no other way whatever. He shall keep just and accurate accounts of all moneys and other things coming into his hands as treasurer, in a book to be provided by the corporation for that purpose, and which shall remain the property of said corporation, wherein he shall note the time when, the person from whom the amount of the several sums received and the source from whence the said sums respectively arose, and in a manner equally accurate and specific, in the same book, he shall duly enter an account of all sums paid out, which book shall at all times be open to the inspection of the voters of said village. He shall, as often as they shall require, render to the board of trustees a minute account of all his receipts and payments.

SEC. 13. The marshal elected under this act shall have the same powers that constables now have or may hereafter have by law.

SEC. 14. The trustees shall have the following powers, to

wit:

I. To have a common seal and to alter the same at pleasure. II. To purchase, hold or convey any estate real or personal for the use of the corporation; but the said trustees shall not in any case purchase any real or personal estate other or more than shall be necessary to carry en the proper business of the corporation for ordinary purposes; except in the case of the purchase of property sold for taxes according to the provisions of this act

III. To keep in repair, grade or improve streets, avenues, lanes, alleys, sewers and side walks, to keep them free from incumbrances and to protect them from injury; also to protect shade or ornamental trees on the public square or in the streets of the corporation.

Power of trus

tees.

IV. To organize fire companies and hook and ladder compa- Ib. nies, to regulate their government, and the times and manner of their exercise, to provide all necessary apparatus for the extinguishment of fire, to require the owners of buildings to provide and keep suitable ladders and fire buckets which are hereby declared to be appurtenances to real estate, and exempt from seizure, distress or sale in any manner, and if the owner refuses to procure suitable ladders or fire buckets after reasonable notice, the trustees may procure and deliver the same to him, and in default of payment thereof, may bring an action of debt against said owner, and be entitled to recover in such action the value of such ladders or fire buckets, or both, with costs of suit; to regulate the storage of gun powder and other dangerous materials; to direct the safe construction for the deposites of ashes, and severally to enter into, or appoint one or more officers to enter into, at reasonable times, and examine all dwelling houses, lots, yards, enclosures and buildings of every description in order to discover whether any of them are in a dangerous condition, and cause such as may be dangerous to be put into a safe condition; to regulate the manner of putting up stoves and stove pipes; to prevent fires and the use of fire arms and fireworks within the limits of said corporation or any part thereof; to com.

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pel the inhabitants of said village to aid in the extinguishment of fires, and to pull, break down and raze such building or buildings in the vicinity of fire as shall be directed by the trustees or any three of them who may be present at a fire, for the purpose of preventing its communication to other buildings, and any building so des troyed shall be paid for by the corporation; to construct and preserve reservoirs, pumps, wells and other water works, and to regu late the use thereof, and generally to establish such other meas ures of prudence for the prevention or extinguishment of fires as they shall deem proper.

V. To clear out and remove vegetable matter and nuisances from the lakes, outlet,and other waters in said corporation,and prevent their accumulation in said waters, and generally to take such other measures for the public health as they shall deem proper. VI. To prevent, remove, or abate nuisances.

VII. To restrain the running at large of cattle,hogs and all other animals; to establish pounds and appoint pound masters and fence viewers, and prescribe their powers and duties.

VIII. To protect monuments in said corporation.

IX. To purchase, hold, inclose, lay out, ornament, and regu late a burial ground in said village, and to sell lots therein, and regulate the burial of the dead.

X. To establish and regulate markets, and restrain sales in the streets: to establish and regulate a public scale, and appoint a weigher to attend the same: to regulate the place and manner of selling hay and other gross commodities.

XI. To suppress disorderly, and gaming houses, gambling and devices for the purposes of gaming.

XII. To call regular and special meetings of the voters of said village.

XIII. To prescribe the compensation of all officers of the corporation except their own.

XIV. To tax every male resident of said village above the age of twenty-one years, and under the age of fifty-five years, two days labor or in lieu thereof, two dollars, to be appropriated in improving the streets of said village, under the direction of such persons as they may appoint.

XV. Upon the application of the owners of two-thirds of the lots on any street, or on one side of any street or block, to levy

and collect a special tax on the owners of the lots on such street,

r part of street, according to the respective parts, for the purose of making a cross walk or side walk along the same.

XVI. To organize school districts, to receive the money oming from the county for the benefit of scholars in said village, nd generally to have full control over all public schools in said illage, and take such measures for the benefit of public instrucion as they may deem proper.

XVII. To make, pass, ordain and establish such by-laws Ordinances and regulations not repugnant to the laws of this Teritory or to the laws and constitution of the United States, for the urposes of carrying into effect the provisions of this act as they may leem proper; but no such ordinance or by-law shall take effect intil the same shall have been published three weeks successive y, and to repeal or amend the same at pleasure.

SEC. 15. The said trustees as often as they shall make or pub ish any by-laws, regulation or ordinance may ordain and proide such reasonable fines, forfeitures and penalties upon the of enders against any such by-laws, regulations or ordinances as hey shall deem proper, not exceeding twenty dollars for any one offence, to be prosecuted and recovered before any justice of the eace or court having cognizance of the same, in the name of the corporation, to and for the use of the corporation, and in any such action it shall be lawful to declare generally in debt for such pen alty or forfeiture and to give the special matter in evidence, and, the defendant may plead the general issue and give the special natter in evidence. All expenses incurred in prosecuting for the recovery of any penalty or forfeiture shall be defrayed by the corporation; and all penalties and forfeitures when recovered shall be collected with costs and paid to the treasurer for the use of the corporation; also to remit such fines or penalties or any partthereof as shall appear to the trustees to have been excessively or unjustly imposed.

SEC. 16. The affidavit of the printer of the publication of any by-law or ordinance, or the affidavit or oath of the clerk of the corporation of the putting up notices, by-laws or ordinances as requir ed by this act shall be suflicient proof in all courts and elsewhere that such by-laws, notices and ordinances were properly published or posted up.

SEC. 17. Whenever by this act the publication of any by law,

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Publication how made.

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ordinance or advertisement of delinquent town lots, is required, the same shall be published in one or more newspapers printed in said village, if there be any, for three weeks successively: Pro vided, that the trustees shall let the corporation printing to such publisher or printer of a public newspaper as shall agree to print for the lowest price: And provided further, that said trustees shall not pay for said printing a greater sum to any such printer than fifty cents per folio for the first insertion, and for each subsequent insertion per folio, twenty cents; but if there be no newspaper published in said village, or if there be one, and the publisher thereof shall refuse to publish such by-law, ordinance or advertisement, for the price here in specified, then it shall be lawful to publish the same by posting copies thereof in three of the most public places in said village.

SEC. 18. Any four of said trustees shall be a quorum for the transaction of all business; but no by-law or ordinance shall pass unless four of said trustees shall concur therein.

SEC. 19. No person shall be an incompetent judge, justice, witness or juror by reason of his being an inhabitant or freebolder in said village in any action or proceeding in which said corporation is a party or interested.

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SEC. 20. Every inhabitant of said corporation belonging to any fire company or hook and ladder company therein, shall be exempt from serving on juries and from doing military duty except in case of war, invasion or insurrection.

SEC. 21. It shall be the duty of the trustees before the annual election to publish a full and correct statement in detail of the receipts and expenditures by said trustees for said corporation during the past year.

SEC. 22. The following property shall not be taxed by virtue of any law or ordinance adopted by the trustees of said village of Madison, namely: The property of the United States, of this Territory, of Dane county, of said corporation,and of all incorporated, literary, benevolent, charitable and scientific institution, every public library, school house, house of public worship, academy, or other seminary of learning,and the lot or lots belonging to the same, and all property which is by law exempt from sale on execution.

SEC. 23. All property real and personal, within the limits of the corporation, subject to be taxed by the county of Dane, not exempted as ahove, shall be subject to taxation.

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