How to pro. ceed. Vacancy how filled. Lands, & c. held in trust. fended, in all suits and actions whatsoever, both at law and in equity, and shall have power to acquire, hold, possess and enjoy, in trust for the Methodist Episcopal church according to the rules and discipline of said church, any lands, tenements and hereditaments, and to use, or to sell and convey the same, for the peculiar benefit of said church. SEC. 2. It shall be the duty of the preacher having charge of any society wishing to be incorporated, or of the presiding elder of the district, to execute a certificate under his hand and seal and duly acknowledge the same before some person authorized to take the acknowledgment of deeds, containing the names of the persons having been chosen or appointed trustees, the date of their appointment, and the name of the incorporation, and to cause the same to be filed in the office of the register of deeds of the county to be by him filed for record, and when such certificate shall have been thus executed, acknowledged and recorded, said trustees shall be a body corporate for the purposes, and possessing all the powers and privileges specified in the first section of this act. SEC. 3. Whenever a vacancy shall occur in any such board of trustees, by death, resignation, or otherwise, such vacancy shall be filled according to the rules and discipline of the Methodist Episcopal church, and a certificate of the same shall be acknowledged and filed for record as aforesaid. SEC. 4. All lands, tenements, and hereditaments that now are, or may hereafter be held by any trustee or trustees, in trust for the Methodist Episcopal Church, shall with the improvements and appurtenances descend to and be held by such trustee or trustees, as may from time to time be chosen or appointed, according to the rules and discipline of said church. SEC. 5. This act shall take effect and be in force from and af ter the first day of April next, and may be amended or repealed by any future act of the legislature. 1 HARRISON C. HOBART, J. E. HOLMES, Lt. Governor and President of the Senate. Approved, March 15, 1849. NELSON DEWEY. Chap 90. Wm. R. Smith. An act to appropriate to William R. Smith a sum therein named. THE People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: SECTION 1. The sum of seventy-five dollars is hereby appropriated to William R. Smith, to be paid out of any money in the treasury not set apart or appropriated, in full for one half years salary, as adjutant general of the militia of the state, due February third, 1849, at the rate of one hundred and fifty dollars per an An act to amend an act entitled "an act to incorporate the city of Mil- Chap 91. waukee" and acts amendatory thereto. THE People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. At each annual election hereafter to be held in the To elect city of Milwaukee for city officers, a city treasurer shall be elect- treasurer. ed, who shall hold his office for the term of one year, and until his successor is elected and qualified; and the votes cast for treasurer shall be canvassed and returned as in case of an election for mayor of said city; and the treasurer so elected shall perform the same duties and be subject to the same liabilities, as if appointed by the common council, and if guilty of malfeasance or improper conduct in office, he may be removed in the manner provided by law for the removal of justices of the peace in said city. SEC. 2. The common council shall annually elect one alderman Alderman. to be president of their board, who, in the absence of the mayor, shall be acting mayor of said city. SEC. 3. The southeast quarter of the southwest qnarter of sec- Alms house tion fifteen, of township seven north, of range twenty-two east, farm included being the alms house farm, shall be included within the limits and in bounds of city. bounds of the city of Milwaukee, and the south boundary of said city shall be so changed, that from the point therein in range with the south side of the south pier of the government harbor, the line shall diverge and run southeasterly in a direct line to and along the south side of said pier to the further extremity thereof, and five hundred feet beyond, and from thence due east to the eastern boundary of the state of Wisconsin, and from thence due north to the southeast corner of said city as heretofore established. SEC. 4. The common council of said city shall have and may May regulate exercise the power to pass ordinances or bye-laws regulating the prices, &c. piers or wharves extending into lake Michigan in said city, and to prescribe and regulate the prices to be charged for pierage or wharfage thereon. SEC. 5. So much of section six of the act to which this is Qualification amendatory, as requires three months residence in any ward as a of voters. qualification of an elector for city officers, is hereby repealed; and hereafter all persons who have resided in any ward ten days next preceding any election, and shall possess the other qualifications mentioned in said section, shall be entitled to vote in the ward where he resides at such election. SEC. 6. Those aldermen voting in favor of any expense to be When alder paid out of the general city funds, or being upon a committee con men individu- tracting to have a service performed, by which the said city shall ally liable. become liable in any one year in the aggregate for more than the amount raised for preserving health, regulating police, or for supporting the poor, or revenues derived for those purposes, shall be liable to pay the excess in their individual capacity: Provided, that if from events beyond their control, such as insurrection or contagion, expenses shall be incurred in any year beyond the amount of revenue provided for city purposes in such year, then the aldermen shall not be liable for such excess. When liable SEC. 7. Those of the aldermen in any ward voting for and infor ward pur- curring expense for ward purposes, in any one year, beyond the amount of tax levied in such ward and revenues received for ward purposes, shall be personally liable for the excess. poses. What sufficient evi dence. Clerk to record chattel mortgages, &c. To redeem orders. May compel the attend. ance of absentees. How suit may be brought. Acts repealed SEC. 8. Persons having rights by virtue of the foregoing sections, may enforce the same by an action on the case; and lawful possession of any draft, warrant or order, drawn during such year, together with proof that there is a greater amount of indebtedness than the taxes and revenues aforesaid, shall be sufficient to make out a prima facie case for the plaintiff. SEC. 9. The clerk of said city shall record an abstract of all chattel mortgages filed in his office, in a book to be provided for that purpose by the city; and when such mortgages are discharg ed, he shall make an entry of the fact in the margin of such record, as in the case of mortgages upon real estate, and such chattel mortgages shall not be filed or recorded at any other place in said city. The clerk shall be entitled to the same fees per folio for recording such abstract and discharge as are allowed by law to registers of deeds. SEC. 10. It shall be the duty of the common council and of the several wards, to redeem the orders of the city and of the respective wards out of the funds, applicable to the purpose, first paid into the treasury, after this law shall take effect. SEC. 11. A majority of the aldermen present at any regular (or special meeting properly called) shall have power to enforce the attendance of absentees by compulsory process; and a resolution passed by a majority of such aldermen for the attendance of absentees, shall empower the marshal or other officer in attendance of the common council, to enforce the attendance of such absentees, the same as writs of attachment empower officers to compel the attendance of witnesses in courts of justice. SEC. 12. The city of Milwaukee shall not be sued, nor shall the property thereof be liable for any debt contracted by or in behalf of any ward; but any person, having a debt, claim, or demand against a ward, may sue such ward by its name of first ward, second ward, third ward, fourth ward, or fifth ward of the city of Milwaukee, as the case may be, and collect the amount of his judgment upon the goods, chattels, lands, tenements and hereditaments of such ward, and service of process upon a majority of 'the aldermen of such ward shall be sufficient notice. SEC. 13. Sections one, two and five of an act entitled an act to amend an act entitled "an act to incorporate the city of Milwaukee," approved February 4, 1847, and also the proviso at the end of section three of the act additional to an act to incoporate the city of Milwaukee, approved August 10, 1848, and all other acts and parts of acts contravening the provisions of this act are hereby repealed. office. SEC. 14. The justices of the peace in "the several wards, now Justices to in office, shall continue to hold their respective offices, unless re- continue in moved by the competent authority, for the term of two years from the time of their eleetion, and until their successors are duly elected and qualified; and hereafter justices of the peace shall be elected at the time and in the manner and for the term heretofore prescribed by the act incorporating said city, notwithstanding the change from a territorial to a state government. SEC. 15. This act shall take effect from and after the first Monday of April next. HARRISON C. HOBART, Speaker of the Assembly. JOHN E. HOLMES,. Lt. Governor and President of the Senate. Approved, March 12, 1849. NELSON DEWEY. An act to enable the city of Milwaukee to aid in the construction of a Chap 92. railroad from that city to the Mississippi river. THE People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: SECTION 1. That the common council of the city of Milwau- Anthorized to kee shall have authority to subscribe, in behalf of that city, to the subscribe for capital stock of the "Milwaukee and Waukesha Railroad Compa- railroad ny," incorporated February 11, 1847, by the legislature of Wis- stock. consin territory, or to the capital stock of any other company which is now or may hereafter be incorporated for the purpose of constructing a railroad from the city of Milwaukee to the Mississippi river, to the amount of one hundred thousand dollars: Provided, however, that if, in the opinion of said common council, the interests of said city should hereafter require it, it shall have authority to increase its subscription to the said stock, from time to time, until the aggregate amount of the subscriptions shall equal the amount of two hundred and fifty thousand dollars. SEC. 2. In order to provide for the payment of the installments May borrow on the stock subscribed as aforesaid, the said common council may money. borrow, on the faith of the city, any sum or sums of money not exceeding in the aggregate the whole amount of the instalments to become due on such stock, at a rate of interest not exceeding ten per cent. per annum, and for a term not exceeding ten years; and in order to provide for the payment. of the instalments becoming due on such stock, in case the same shall not have been provided for by law or otherwise, and also in order to provide for the payment of the interest and principal of any loan made in pursuance of this act, the said common council shall levy annually a tax on the real Tax payer to receive re ceipt. estate within the incorporated limits of the city, not exceeding one per cent., on the assessed value of such property: Provided, however, that if in any year the exigency of the case shall require it, such tax may be increased to any rate not exceeding two per cent. on such assessed value. SEC. 3. Every person who shall pay such tax shall be entitled to receive from the treasurer of said city a receipt therefor, specifying the sum paid and for what object, and such receipt or receipts shall, upon their surrender to the proper officer of said city, entitle the holder or assignee thereof to a transfer and assignment from said city of a share or shares of such capital stock subscribed as aforesaid, equal in amount to the amount of such receipts: Provided, however, that in estimating the value of such shares, in case the instalments on the same shall have been paid for with the proceeds of any loan herein authorized, interest on such instalments shall be included. HARRISON C. HOBART, J. E. HOLMES, Lt. Governor and President of the Senate. Approved, March 12, 1849. NELSON DEWEY. Chap 93. An act to authorize the apportionment of school monies to district No. 10, in the towns of Lima and Johnstown, in Rock county. THE People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: SECTION 1. The commissioner of common schools or town superintendent of the towns of Lima and Johnstown are hereby authorized to apportion to joint school district number ten, in the said towns of Lima and Johnstown, their proportioned share of the school monies now in the treasuries of said town. HARRISON C. HOBART, Lt. Governor, and President of the Senate, Approved, March 12, 1849. NELSON DEWEY. Chap 94. An act to vacate part of the plat of the village of Mequanigo, in the coun ty of Waukesha. THE People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows : SECTION 1. Blocks numbered one, two, and ten, and Pleasant street; in the village of Mequanigo, in the county of Waukesha, |