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o the assessed value in each respectively according to the assessment made for general purposes when the same or any part thereof shall become due and payable, but no personal liabilities shall attach to any citizen for the payment of city debts, and on all votes taken for the purpose of making loans, raising taxes, and making appropriations for the expenditure of money for any purpose whatever, the vote in common council shall be taken by ayes and noes, calling the names of members in the order of the number of the ', wards, and it shall be the duty of the clerk to keep a record of all the ayes and noes so called, which record shall be conclusive evidence of the state of the vote: Provided, that in ihe levying Proviso. . of taxes, or for the purpose of authorizing a loan for one ward, or making appropriations within and on behalf of one ward, the vote of a majority of the aldermen of such ward shall be conclusive in deciding the question and none others are required io be called by ages and noes. Sec. 50. The city authorities by this ac: created, shall have Powers of city
m authorites to power to fund the debts which were due and owing on the last found the day of December, 1845, with such rate of interest as may be of 1815. deemed proper, not exceeding ten per centum per annum, and payable by each of the wards of said city in the proportion heretofore mentioned, and nothing in this act shall be so construed : as to make one of the wards as designated by this act liable for any debt contracted on or in behalf of any other ward other than in the apportionment of the debts of the town of Milwaukie, as here. inbefore is provided; or may be contracted for the separate benefit thereof shall rest alone on the ward so contracting and the im. provements in each ward, the disbursements of the corporate funds therein and management of the local affairs thereof shall be under the sole supervision, control and direction of the aldermen thereof.
Sec, 51. In all questions of a general nature affecting all the How votes to wards, or not peculiarly affecting any one ward, (except for the becaken
questions of a Freservation of the health or regulation of the police of the city) general naturs the vote shall be taken by ayes and noes, and determined by two. thirds of the votes of the entire board of common council in the affirmative, but on all questions on the passage of ordinances, rules, hy.laws or regulations of any kind touching the police, health, peace and good order of the city, a majority of the members present and acting at any board shall determine the question;
and the city board acting as such, shall have power to lový and disburse the fund which inay be raised expressly for general city
purposes hy taxation not exceeding one quarter of one per cent. Proviso. per annum on the total of the tax assessments: Provided; that
every such levy and disbursement shall have the concurrence of a majority of the entire board of common council.
Sec. 52. If any elec!ion provided for in this act, shall for any When special elections may be
a cause, not be held at the time prescribed, it shall not be consider.
ed a sufficient reason for arresting, suspending, or absolving the said corporation; but such election may be held at any time thereaster, by order of the common council, of which time ten days' public notice shall be given; and further, if any of the duties enjoined by this aci to be done by any officer at a time herein speci
fied, are not then done, the common council may appoint another Proviso. time upon which the said duties may be done: Provided, that
the officer so failing to execute such duties at the time by this act required, shall be liable to the same actions, fines and penalties as he would be liable to if the said council had not the power to
appoint another time. Service of pro. Sec. 53. When any action or suit shall be commenced agaiost cess against said city, the service thereof may be made by leaving a copy of corporation.
the process, attested by the proper officer, with the mayor or clerk, and it shall be the duty of the mayor or clerk on whorti such process may have been served, forth with to inform the cottiinon council thereof, or take such other proceedings as by ordinance of said council may have been in such cases provided." .
Sec. 54. Any ordinance, regulation, rule or by-latt, imposing Ordinances to be published. any penalty or forfeiture for violation of its provisions shall be
published one week in some newspaper printed in said city, before the same shall be in force; and proof of such publication by the affidavit of the printer or foreman in the office of the newspaper where such publication may have been made, shall be the conclü: sive evidence of the promulgation of such ordinance; regulation; rule or by-law, in all courts and places.
Sec. 55. No person shall be an iccompetent judge, justice; witness or juror, by reason of his being an inhabitant of said cilý; in any action or proceeding in which said city is a party or interes: ted.
Sec. 56. The clerk and treasurer of the town of Milwaukie;
as now organized, shall transfer all the books, papers and moneys Books. &c. of
the town of which may be in their hands, to the clerk and treasurer who may Milwaukee to be appointed agreeably do this act, and all the acts, ordinances, be transferred. rules or by-laws of said town of Milwaukie, which are or may be in force at the time when this act shall take effect, shall be unim. paired and remain in force until repealed by the common council.
Sec. 57. The council shall have power to authorize ihe for- Fire compa. mation of fire engine, hook and ladder and hose companies, pro- nie
i pri nies may be
s pro formed and vide for the due and proper regulation of the same, and to dis. regulated. band such companies at any time, and prohibit their meeting as such, when so disbanded; each company not to exceed forty able bodied men, between the age of eighteen and fifiy years, which companies shall be officered and governed by their own by-laws: Provided, such by-laws be noi inconsistent with the laws of this Territory, or with the ordinances and regulations of the ciry, and shall be formed only by voluntary enlistments. Every member of each company shall be exempt from highway work and militia duty; and whenever a member of each company shall have serv. ed therein seven years, he shall receive a discharge signed by the inayor, and shall thereafter be exempt from militia duty, except in case of insurrection or invasion. Every member of a volunteer military company shall be exempt from highway duty, and whenever a member shall have served in such military company seven years, shall be entitled to a discharge signed by the mayor, and be exempt from military duty, except in cases of insurrection or invasion, if not in confliction with any existing law. Sec. 58. That the corporation of the city of Milwaukie shall Penalties for
injury to have power to pass ordinances imposing penalties against the brid owners and masters of vessels, or the vessels themselves, for any wilful or malicious injuries done by their vessel or vessels in any of the bridges, and to enforce the same in an action of debt and by imprisonment, as in the case of other ordinances.
Sec. 59. That for every wilful or malicious injury done to penal any bridges, authorized by the act of the Legislature at the ses- collected. sion of 1844 and 1845, or that may hereafter be adopted by the mutual assent of the wards in said city, by any vessel or craft navigating the Milwaukie river, said vessel or craft shall be liable in an actior. by warrant, in the name of the city of Milwaukie for
all such damage and injury, to be enforced according to the provisions of an act to provide for the collection of demands
against boats and vessels,” in the Revised Statutes. " Powers reser- Sec. 60. This act may be altered, amended or repealed by the ved by the leg: cristalore and the anter
&* Legislature, and the act entitled an act to change the corporate falatyre.
limits and powers of Milwaukie, and all acts amendatory thereof, are hereby repealed. Such repeal to take effect at the time when this act becomes operative: Provided, That all righis and rem. edies incurred or accruing under any of said acts or under any or. dinance passed agreeably thereto, shall remain and be in favor of or against said city, in the same manner as the same would have
þcen for or against şaid town, if this act had not been passed. What proper. Sec. 61. The following property, now, or at any time hereaf
ter belonging to the city of Milwaukie, or either of the wards from execu. fion. thereof, shall be exempt from levy or sale under any execution,
viz: All engine houses, hook and ladder houses, together with the grounds or lots, on which they are situated, and all fire engines, carriages, hooks, ladders, buckets, hoze or any other fire apparatus used by any company created or authorized by ihe common council of said city: Provided, That nothing herein contained shall ex. empi any of the aforesaid property from levy and sale on any execution forfeited on judgment rendered in favor of any person or persons who may have furnished any such fire apparatus on the
credit of the city of Milwaukee, or either of the wards thereof. Concerning . Sec. 62. The city of Milwaukie, or either of ihe wards there. public build
of, shall have power to lease, purchase and hold real or personal ings.
estate, sufficient for the convenience of the inhabitants of said city, in the erection of market houses and other public buildings, and for other purposes, and may sell and convey the same at pleasure.
Sec. 63. This act shall be a publicaci, and shall be construed favorably in all courts and places, and shall take effect and be in force from and after its passage.
Arproved January 31st, 1846.
AN AÇT making appropriations out of the Terri,
torial Treasury to pay certain debts therein named.
BEIT ENACTED by the Council and House of Representatives of the Territory of Wisconsin:
Section 1. That there shall be appropriated and paid out of any monies in the Territorial Treasury ffe following sums for the purposes herein named, to wil;
To Le Grand Rockwell, thirty-fous dollars and sixty-three cents for clerk's fees, for making returns to writ of error from supreme court in case of the Territory against J. D. Dory and others, from Walworth district courf: .
To W. W. Kellogg, fifteen dollars for taking testimnony in suits of the Territory vs. Doty, Morrison and others, and for furnishing stationery for seventy-five folio, and for constables fees paid Mr. Hill.
To La Fayette Kellogg, five dollars and pinery,one cents for clerk's fees in supreme court in July term, 1844, in suit of 'Territory vs. Dory, O'Neill and Bird.
To S. $. Conover, iwo dollars and forty-four cents for constable fees, in November, 1844, in suit of Territory vș. Dory, Bird and O'Neill.
To Morgan L. Martin, ten dollars for three days! attendance in procuring testimony in suit of Territory vs. Doiy aud, others,
To Daniel Baxter, ihirteen dollars and seventy-five çents for interest on two territorial bonds issụed to W.T. Sterling, for tweniy-five dollars each, dated:March 16th, 1841, and one bond issued to David Hyer for five dollars, dated Feb. 19th, 1841, the same having been surrendered to A. P. Field in September, 1843,
To George Bennett, fifty dollars and ninety-six cents for in terest on iwo territorial bonds, issued 19th February, 1841; one, for one hundred and ninety-five dollars, and surrendered 19th July, 1842, and the other issued to Wm. Bullen for one hundred dollars and surrendered June 14th, 1843. 'To Alonzo Raymond, fourieen dollars and thirty-nine cent: