Common Council empowered to preserve orper. No member of common council to be measures. record the proceedings of the board. One assessor in each ward, One chief engineer of the fire department, and as many assis tant engineers as the common council may from time to time deem expedient. One attorney. One sealer of weights and One or more surveyors, and so many measurers of fuel, grain, lime and other marketable articles, weighers of hay, pound masters, sextons or keepers of burial grounds, inspectors of streets, flour and provisions, and harbor masters as the common council may from time to time deem expedient; and prescribe their compensation and duties and to impose and enforce in law such penalties as to said council may seem expedient and proper for any malfeasance or improper conduct of any of said officers and to require bonds for the faithful performance of the duties of such of them as may be deemed necessary and proper by said council. SEC. 22. The common council shall have authority to preserve order and propriety in its proceedings, and to punish in a summary manner by fine and imprisonment, all disorderly, disrespectful or contumacious conduct in its presence, and also to compel by pecuniary penalties the attendance of its members and officers, and all monies received under the provivions of this section may be used by the common council as it may deem proper. SEC. 23, No member of the common council shall be a party to, or interested in any contract or job with the city; and any coninterested in tract in which any member of the common council may be so incontract with terested notwithstanding this prohibition shall be null and void and of no force against said city as a party thereto. city. Power of common SEC. 24. The common council shall have power to enact, escouncil to en-tablish, publish, enforce, alter, modify, amend or repeal all such act, &c. ordi- ordinances, rules and by-laws for the government and good order Danccs, &c. of the city, for the suppression of vice, for the prevention of fires and for the benefit of the trade, commerce and health thereof as they shall deem expedient, declaring and imposing penalties, and to enforce the same against any person or persons who may violate any of the provisions of such ordinances, rules or by-laws, and such ordinances, rules and by-laws are hereby declared to be and have the force of law: Provided, that they be not repugnant to the constitution and laws of the United States or of this Proviso. Territory, and for those purposes shall have authority by ordi- Powers of city corporation. nance or by-laws: I. To establish rates for and license and regulate taverns, groceries and victualling houses, and all persons retailing or dealing in spiritous, vinous or fermented liquors, and to license and regulate the exhibitions of common showmen or shows of any kind, or the exhibition of any natural or artificial curiosities, caravans, circusses or theatrical performances, and to provide for the abatement or removal of all nuisances, under the ordinances or at common law. II. To restrain and prohibit all descriptions of gaming and fraudulent devices and practices, and all playing of cards, dice, or other games of chance for the purpose of gaming in said city. III. To prevent any riots, noise, disturbance or disorderly assemblages, suppress and restrain disorderly houses or grorceies, houses of ill fame, billiard tables, nine or ten pin alleys or tables, shows and exhibitions, and to authorize the destruction of all instruments used for the purpose of gaming. IV. To compel the owner or occupant of any grocery, cellár, tallow chandler shop, soap factory, tannery, stable, barn, privý, sewer or other unwholesome, nauseous house or place, to cleanse, remove or abate the same from time to time as often as it may be deemed necessary for the health, comfort and convenience of the inhabitants of said city. V. To direct the location and management of all slaughter houses and markets, to establish rates for and license venders of gunpowder and regulate the storage, keeping and conveying of gunpowder or other combustible materials. VI. To prevent the encumbering of the streets, side walks, lanes or alleys with carriages, carts, wagons, sleighs, sleds, boxes, lumber, fire wood or any other materials or substances whatever. VII. To prevent horse racing, immoderate riding or driving in the streets and regulate the places of bathing and swimming in the waters within the limits of said city. VIII. To restrain the running at large of cattle, swine, sheep, poultry and geese and to authorize the distraining and sale of the same. IX. To prevent the running at large of dogs, and to authorize the destruction of the same in a summary manner when at large contrary to the ordinance. X. To prevent any person from bringing, depositing or having within said city any putrid carcass, or any 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. XI. To make and establish public pounds, pumps, wells, cisterns and reservoirs, and to provide for the erection of water works for the supply of water to the inhabitants of said city or any ward therein, to erect lamps, and regulate, and license hacks, cabs, drays, carts and the charges of hackmen, cabmen, draymen and cartmen within the city. XII. To establish and regulate boards of health, provide hospitals and cemetery grounds, regulate the burial of the dead and the return of the bills of mortality, and to exempt burying grounds and grounds set apart for the public use from taxation. XIII. To regulate the procuring of fire buckets and the purchase of fire engines, and to preserve said city from injuries by fire and to prescribe and regulate the materials of which houses may be built within the fire limits, and the manner of erecting and securing chimneys, and to provide for removing chimneys which be deemed dangerous and to require and provide for the building of new chimneys where deemed necessary at the expense of the owners or occupants of buildings when the same may be required. may XIV. To regulate the assize and weight of bread, and to provide for the seizure and forfeiture of bread baked contrary there to. XV. To establish fire limits. XVI. To regulate the building of wharves, bridges, mill races and canals, and provide for the security and protection of the same. XVII. To prevent all persons riding or driving any horse, ox, mule, cattle, or other animal on the side walks in said city, or in any way doing any damage to such side walks. XVIII. To prevent the shooting of firearms or crackers and to prevent the exhibition of any fireworks in any situation which may be considered by the council dangerous to the city or any property therein, or annoying to any citizen thereof. XIX. To restrain drunkards, immoderate drinking or obsce bity in the streets or public places, and provide for arresting, re. moving and punishing any person or persons who may be guilty of the same. XX. To restrain and regulate runners or solicitors for boats, vessels, stages, public houses or other establishments; to regulate the police of the city, to appoint watchmen and firemen, prescribe their duties and to punish their delinquencies. XXI. To establish public markets and make rules and regulations for the government of the same; to appoint suitable officers for overseeing and regulating such markets, and to restrain all persons from interrupting or interfering with the due obser vance of such rules and regulations. XXII. To license and regulate butcher's stalls, shops and stands for the sale of game, poultry, butcher's meat, butter, fish, - and other provisions. XXIII. To regulate the place and manner of weighing and selling of hay, of measuring and selling of fuel and lime, and to appoint suitable persons to superintend and conduct the same. XXIV. To compel the owner or occupant of any building or ground to remove the snow, dirt or rubbish from the side walk, street or alley opposite thereto, and to compel such owner or oc cupant to remove from the lot owned or occupied by him, all such substances as the board of health shall direct; and in his default to authorize the removal or destruction thereof by some officer of the city, at the expense of such owner or occupant. alties. SEC. 25. In all cases in relation to which, by the provisions Power of comof this act, the common council have power to enact or pass or- mon council to dinances or by-laws in relation to any subject, they may prescribe ces, &c. and pass ordinanany penalty for the violation of such ordinance or by-law not ex- prescribe penceeding fifty dollars, for any one offence in the violation or nonobservance thereof; and may also provide that in default of payment of any judgment rendered for such violation or non-observance, the offender shall be imprisoned for such term as they may by such ordinance direct, not exceeding thirty days, for which purpose the said city shall have the use of the jail of Milwaukee county, for the imprisonment of any person liable to be imprisoned, and all persons committed to said jail by the marshal or any other officer, shall be under the charge of the sheriff of said Direction how execution upon judgment issued. Wards how constituted. Ib. Common 1 to lay 2589 county: Provided, said city shall pay the expense of keeping and maintaining such prisoners. SEC. 26. Every execution issued upon judgment for the vio lation of any ordinance or by-law of the city, shall contain a clause directing in the event of the non-payment of the judgment the imprisonment of the defendant in the county jail for such term as shall have been provided by the ordinance under which the judgment shall have been rendered. Sec. 27. Each ward in said city shall constitue and be a sep. arate township or town under the laws regulating town and county government; and as such, shall have and enjoy all the rights privileges and powers of towns in the county of Milwaukie; and the three aldermen of each ward shall be and hereby are declared ex-officio supervisors of such towns, and as such, they are hereby empowered to act for all town purposes; and one of their number shall annually be appointed by themselves who shall be the chair. man of supervisors, to meet with and act in the county board of supervisors, in the same manner and with the same rights and powers as is or may by law be prescribed and exercised by other members of said county board. SEC. 28. Each ward in said city shall constitute one school district; and the office of school commissioner shall be merged in that of alderman; and they shall exercise all the powers and duties which by law are or may be conferred or imposed on boards of school commissioners; and further, that the other town offi. cers which are or may be provided by law to be elected annually in the towns, be and the same are hereby declared to be inappli cable to the several town governments in the said wards; the same being merged in and superceded by the powers of local government, which by this act are conferred on the city authorties or on the aldermen as supervisors of the wards; and so much of the township or town of Milwaukee as falls within the aforesaid city limits, be and the same is hereby excluded from the same; and the remainder of said town as now organized, shall be and constitute a town as heretofore, by the name of the town of Milwaukee, for all purposes of town and county government. SEC. 29. The common council shall have power and authority to lay out new highways, streets, alleys and public walks, and to vacate such highways, streets, alleys and public walks as in their |