in township twenty, north of range seventeen east, in said territory, and to make use of the water of said river for hy

draulic purposes.

dam.

SEC. 2. Said dam shall not exceed seven feet in height Height of above high water mark of said river, and shall contain a suitable and convenient lock not less than one hundred and twenty feet long between the gates, and not less than twenty-four Lock to be feet wide in the clear of the chambers, for the passage of built. boats, barges, and water craft; and the proprietors of said dam shall maintain said lock, and shall attend the passage of all such boats, barges, and water craft through said lock, free of all charge to the owners thereof; and if the said lock shall not be kept in repair as aforesaid, and suitably attended for the safe and speedy passage of any such boat or water craft navigating said stream, said Harvey Jones and his associates, their heirs or assigns, being in possession of the works hereby authorized, shall pay to any person or persons who may be injured by delay, all damages which such person or persons shall sustain thereby, together with all costs which may accrue in suing for or collecting such damages: Provided, that said dam shall not raise the water in Lake Winnebago above its ordinary level.

SEC. 3. The said Harvey Jones and his associates, their heirs and assigns, shall be subject to all the provisions of an act relating to mills and mill dams, approved January 13, 1840.

SEC. 4. This act may be altered, amended, or repealed by any future legislature.

WILLIAM SHEW,

Speaker of the House of Representatives.

MASON C. DARLING,

Proviso.

APPROVED, February 8, 1847.

HENRY DODGE.

President of the Council.

Boundaries of corporation.

General powers.

Officers of

AN ACT

To incorporate the village of Fond du Lac.

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

SECTION 1. That all that district of country included in sections number ten and north half of fifteen in township number fifteen, north of range number seventeen east, in the county of Fond du Lac, shall hereafter be known and desig nated as the village of Fond du Lac, and the inhabitants residing, or who may hereafter reside, within said limits, are hereby constituted a body corporate by the name of "The Trustees of the Village of Fond du Lac," and by that name they and their successors forever, shall and may have perpetual succession, and shall be persons in law, capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places, and in all suits whatsoever.

SEC. 2. It shall be lawful for the inhabitants of said vilCorporation. lage, qualified to vote, to meet at the court house in said village, on the first Monday of March next, at ten o'clock A. M., to choose viva voce a moderator and a clerk of the meeting, and to elect by ballot one president, who shall be er officio a trustee, six trustees, one constable, one treasurer, and one clerk.

Annual election.

Qualifications

SEC. 3. On the first Monday of March, in each year thereafter, there shall be an annual election of the officers of said village above specified, and the president, or, in his absence. such person as shall be selected by a majority of voters present, shall preside at the same.

SEC. 4. No person shall be eligible to any of said offices, for office. unless he is a voter in said village, and no person shall be eligible as a trustee unless he is also a freeholder in said village.

SEC. 5 At all elections held under this act, the polls shall Opening and closing of be opened at ten o'clock A. M., and continue open until four elections. o'clock P. M.; and the elections shall be conducted in a similar manner, as far as may be, to the annual town meetings. A plurality of votes shall in all cases decide the election.

office to be

SEC. 6. In case such officers, or any of them, shall not be Vacancies in chosen on the day herein appointed for the same, the corpo- filled. ration shall not thereby be dissolved; but vacancies in the office of President and trustees shall be filled at a special election by the voters of the village, and vacancies in all other offices shall be filled by appointment of the trustees. But in case any vacancies should remain in electing the president or either of the trustees, by reason of a tie vote at any meeting, the said meeting may be adjourned from day to day, to be held at the same time and place, until such vacancies shall be filled.

SEC. 7. All of said officers shall hold their offices for one Term of office. year, and until others shall be elected and qualified in their stead.

SEC. 8. Every officer elected under this act, and before he Oath of office. shall enter upon the duties of his office, shall take an oath faithfully to discharge the duties of his office, and to support the constitution and laws of the United States and of Wis

consin.

and constable

SEC. 9. The treasurer and constable, before they enter Treasurer upon the duties of their offices, shall severally give bonds to to give bonds. the trustees, in such sum, with such conditions, and with such sureties, as a majority of them shall direct.

SEC. 10. It shall be the duty of the President to preside Duty of at all meetings of the trustees, to see that all bye-laws and president. ordinances are duly observed, and to prosecute all suits

which may be necessary in the name of the corporation.

SEC. 11. It shall be the duty of the clerk to record the Duty of clerk. proceedings of the first meeting, after being duly certified by the moderator and clerk of the meeting; to keep a record of the doings of the board of trustees, especially of the byelaws, ordinances, and regulations; and also a faithful record of all the doings and votes of the inhabitants at their annual

Duty of

treasurer.

Powers of Constable.

Powers of trustees.

and other legal meetings, and to keep on file all papers which may be ordered 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 monies which may be collected for the use of the corporation by virtue of this act, or by virtue of any bye-law or ordinance of the corporation, or which may arise from any other source and belong to the corporation, and give the person paying the same his receipt therefor. All monies shall be drawn from the treasury by warrants under the corporate seal, signed by the president, by order of the trustees, and countersigned by the clerk, who shall keep a registry thereof; which warrant shall set forth for what purpose the amount specified therein is to be paid; and the said treasurer shall pay out the funds of the corporation in no other way whatsoever; he shall keep a just and accurate account of all monies 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 the 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 reasonable times be open to the inspection of the voters of said village; he shall annually, and as often as they shall require, render to the board of trustees a minute account of all his receipts of payment and disbursements.

SEC. 13. The constable elected under this act shall have the same powers and receive the same compensation as the constables elected in towns.

SEC. 14. The trustees shall have the following powers, te wit:

1. To have a common seal, and alter the same at plea

sure.

2. To purchase, hold, or convey any estate, real or personal, for the use of the corporation.

3. To make, open, keep in repair, grade, improve, or discontinue streets, avenues, lanes, alleys, sewers, and sidewalks; to keep them free from incumbrances, and to protect them from injury.

4. To organize fire companies, hook and ladder companies; to regulate their government, and the times and manner of their exercise; to provide all necessary apparatus for the extinguishment of fires; to require the owners of buildings to provide and keep suitable ladders and fire buckets, which are hereby declared to be appurtenances to the real estate, and exempt from seizure, distress, or sale in any manner; and if the owner shall refuse 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 therefor, 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 gunpowder, and other dangerous materials; to direct the safe construction [of a place] for the deposit of ashes, and severally 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 to cause such as may be dangerous to be put into a safe condition; to compel the owners of houses and buildings to have scuttles on the roofs of said houses and buildings, if deemed necessary; to regulate the manner of putting up stoves and stove pipes; to prevent fires, and the use of fire-works and fire-arms within the limits of said village, or such parts thereof as they may think proper; to compel the inhabitants of said village to aid in the extinguishment of fires, and to pull, break down, and raze such buildings in the vicinity of [the] fire as shall be directed by the trustees, or any four of them who may be present at a fire, for the purpose of preventing its communication to other buildings; and any buildings so destroyed shall be paid for by the corporation; to construct and pre