thereof shall be known by the name of the President and Trustees Name, duration and powers of of the town of Green Bay, and by that name they and their suc- the corporation." cessors shall have perpetual succession, and shall be capable of sueing and being sued, pleading and being impleaded; may have a common seal and may change or alter the same at pleasure.

SEC. 2. That for the better government of said town the district comprised in the limits above described shall be divided into two Bounds of wards. wards as follows: all that part of said district which hes north of the line which divides Astor from Navarino, according to the respective plats on record, shall be known and called the North Ward; and all that part of said district which lies south of said line shall be known and called the South Ward, and there shall be chosen by the qualified voters of each ward by separate election in each ward to be holden as is hereinafter directed, three persons Election of offi in each ward to serve as trustees, and they shall appoint a clerk, treasurer, and marshall, from among the qualified voters of the town. The President of said board of trustees shall be elected by general ballot of the two wards.

cers therein.

Organization

SEC. 3. That the first meeting for the election of trustees under First meeting this act shall be holden on the first Monday in May, in the year when held. 1839 at the following places to wit: in the North Ward at the school house and in the South Ward at the town house, between the hours of ten and four o'clock, and the voters then present may proceed to elect by ballot or otherwise a moderator and clerk from thereof. among themselves, for the day, whose duty it shall be to receive, assort, and count the votes which may be given, and when the meeting shall be so organized, the moderator and clerk shall receive votes from the legal voters then present, for or against the adoption Voters may vote of this act, and for a president and three trustees; and the three persons adopting act. in each or either ward, having received the highest number of votes shall be declared by the moderator in such ward to be duly elected Election of presitrustees, and shall continue in office one year and until others shall be elected and duly qualified in their stead.

SEC. 4. The trustees elected in pursuance of the preceding section of this act, shall meet at the town house on the Thursday next after the election at the hour of twelve o'clock noon, and they

for or against

dent and trustees

or a majority of them, shall then and there proceed to canvass the Trustees to canvotes given in each of said wards for and against the adoption of vass votes. this act; and if a majority of all the votes given in said town shall be against its adoption, then this act and all proceedings under it shall be null and void; but if a majority be in favor of its adoption, then the said Trustees shall proceed to canvass the votes given for President, and declare the person having the highest number of

BRYKA

of president and

trustees.

Qualification of
voters.

the office of trus

tee.

104

votes to be duly elected, and shall proceed to organize said board of Trustees in accordance with the provisions of this act.

SEC. 5. That the said president and trustees shall (after the Annual election year 1839) be elected annually, on the first Monday in January by the free white male inhabitants over the age of twenty-one years who shall have resided in said town at least six months previous to the day i-election, and who are at the time inhabitants in the ward where they may offer to vote. Said president and trustees shall be at least twenty-one years of age, citizens of the United Who eligible to States, residents in the ward in which they may be elected and shall hold their offices. one year and until others shall [be] elected and qualified; and:in case the election as provided in this section or in the preceding sections of this act shall for any reason not be made at the time provided, it shall not be considered a sufficient poration not to be reason for arresting, suspending, or dissolving the said corporation but such election may be held either for the adoption of this act or for the election of trustees at any time thereafter when a majority of the legal voters in either ward may determine, and any vacancy which may happen in the board of trustees, shall be filled by the remaining members of said board who were elected in the same ward as the member whose place shall have become vacant.

In what case cor

dissolved.

Vacancies how
filled.

dent and trustees

SEC. 6. That the president and trustees shall have power to Powers of presi make, ordain and establish ordinances relative to markets and commerce in the limits of said town; to streets, alleys and highways: to wharves, bridges, mill-races and canals; to trees planted for shade, ornament or convenience: to the assize of bread, the weight and price; to the shooting of guns or other fire-arms; to suppressing disturbances and riots; to removing nuisances and preserving the health of the inhabitants; to the establishment of boards of health, and quarantine regulations; to the burial of the dead; to preserving said town from injuries by fire; to the mode of taxation ; to public lights and lamps; to procuring fire buckets and engines; to restraining horses, cattle, sheep, swine and geese, from going at large in said town, and to inflicting penalties for breaches of said ordinances. Provided, That such penalties shall in no case exceed the sum of fifty dollars, and five days imprisonment for any one offence and the said penalties shall be collected and paid into the treasury of said town, for which, execution may issue as in civil cases, and provided, also, that all ordinances made by the President and Trustees, shall be published in one or more of the newspapers printed in said town, at least two weeks before the same shall be in force, and the same shall not be repugnant to the constitution and laws of the United States and of this Territory.

SEC. 7. That the president and trustees shall have power and authority to lay out new highways, streets, alleys, and public walks Same subject. and to vacate such highways, streets, alleys, and public walks, as in their opinion shall not be of public utility; to regulate, grade, pave, and improve the streets, avenues, lanes, and alleys, and to extend, open, and widen the same within the limits of said town, making the person or persons injured thereby adequate compensation, to ascertain which, the board shall cause to be summoned twelve good and lawful freeholders, and inhabitants of said town, (not directly interested) who being duly sworn for that purpose shall enquire into and take the same into consideration as well the benefits as the injury which may accrue, and estimate and assess the damage which would be sustained by reason of the laying out, opening, extension, or widening of any street, avenue, lane, alley, or public walk as aforesaid, and shall moreover estimate the amount which other persons or property will be benefited thereby, all of which shall be returned to the board of trustees under their hands and seals. And the person or persons who shall be benefitted and so assessed, shall pay the same in such manner as shall be provided by the president and trustees, and the residue, if any, shall be paid out of the town treasury.

Sec. 8. That upon application of two thirds of the inhabitants, resident on any street or part of a street, or on the application of the owners of two thirds of the property on any such street or part of a street, it shall be lawful for the board of trustees to levy and Special tax, when and for what pur collect a special tax on the owners of the lots on the said street or pose to be col jected. part of a street according to their respective fronts on such street, for the purpose of grading and paving the side walks thereof, in addition to the ordinary tax authorized by this act, to be levied for general purposes. SEC. 9.

That the president and trustees shall have power to levy and collect annually, a tax on the ical estate in said town not Annual tax how expended. exceeding one dollar on every one hundred dollars of the assesment valuation thereof; and the taxes which may be assessed and collected on the real estate situate in each of the wards in this act mentioned, (except so much thereof as shall be applied to defray expenses common to both wards) shall be expended in making such improvements, or for other purposes in the ward from which the same was collected as shall be determined by the trustees elected by such ward; Provided, always, that in making valuation of property, the assessors shall fix such value to any lot or piece of land as they consider such lot or piece of land to be worth in offset for, or in payment of a just debt, without taking into

sors.

consideration the value of any building or other improvement

thereon.

SEC. 10. That the president and trustees shal annually appoin: Duties of Asses three assessors whose duty it shall be to make out in the month of May, in the year 1839, and in the worth of January and February of each year (after the year 1839) a list of all real estate within the respective wards, keeping the list of each ward separate, which Est shall set forth the description of each lot or piece of land as the same may be laid out and recorded; or if any tract shall not have been subdivided into town Jots, and a plat thereof made and recorded, the same shall be described as represented on the township plats in the United States Land Office; and in cases where two or more persons may be interested in any lot or tract, the assessors may at their option subdivide any such town lot or other tract in such manner as they may deem expedient, or as to them may seem necessary, in order to describe such parts of the same as may be owned by different persons, and shall set to each fot or piece of land the value at which they shall appraise the same, and when said list of appraisement shall have been nade out and completed, the same shall be certified to the president and trustees as a true assessment roll as made by said assessors of the lots and lands in said town, which shall be sigued by one or more of said assessors, and deposited in the hands of the clerk to the board of Trustees.

Donies of Clerk on receiving As; sessment rot!

SEC. 11 That it shall be the duty of the clerk annually u receiving the assessment roll as aforesaid, to lay the same before the president and trustees for their consideration, relative to the rate per centum of tax to be levied for the current year," and when the said president and trustees shall have determined the rate per centum to be taxed or the assessed value of property ascertained in the assessment roll, as aforesaid, it shall be the duty of the clerk, in the month of June, in the year 1839, and in the month of March, annually thereafter, to make out in accordance with such determination, a schedule of all the property as contained in said assessment rell, annexing to each lot or other tract the amount of tax which will be chargeable on the same, agreeably to the assessment as returned, and the rate per centum of taxation as fixed by the president and trustees, with [which] schedule shall be called the tax list, and shall be recorded by said clerk in a bock to be by him' kept for that purpose, and said tax list or the record thereof, shall either of them be conclusive evidence of the amount of corporation taxes assessed for the current year in which the same shall be made ont and dated.

SEC, 12, That it shall be the duty of the said clerk to complete Same subject. the tax-list as aforesaid, and deliver the same to the treasurer of the corporation within the month of June, or the first week in Julv, in the year 1839, and annually thereafter in the month of March or the first week in April, and make a record of such delivery in the book where said list shall be recorded, or in the book containing the proceedings of the president and trustees, which record shall be conclusive evidence of such delivery, and the tax so assessed shall be a lien on the property so taxed, until the same shall be paid and fully discharged, together with ali penalties and costs which may accrue thereon, agreeably to the provisions of this act.

Duties of treas rer, and of the

es.

SEO. 13. That upon receipt of the tax-list as aforesaid, and within the month of July, in the year 1839, and in the month of April annually after the year 1839. it shall be the duty of the treasurer of said town to give public notice in a newspaper printed in said town, or by posting up notices in three public places in said collection of taxtown, that such tax list has been committed to him for the purpose of collecting the tax thereon, and that he will receive payment for taxes at his office until the last day of August then ensuing, subject to a deduction of five per cent if paid before the said last day of August.

SEC. 14. That in case the tax on any let or other piece of land. shall be paid on or before the said last day of August, there shail same subject. · be deducted from such tax, five per centum of the amount thereof; but in case the tax on any lot or other piece of land shall remain unpaid on the said last day of August, it shall be the duty of the treasurer of said town to advertise for sale any and all such lots of pieces of land, or so much thereof as will satisfy and pay all taxes which may be assessed thereon, together with all costs and other liabilities which shall accrue by advertisement and sale, agreeably to the provisions of this act. Said advertisement shall be published four successive weeks, commencing in the month of September, in some newspaper printed in said town, and shall embrace all lots or other pieces of land on which the taxes have not been paid, together with the amount of tax chargeable to each of said lots or pieces of land, and said advertisement shall also state the time and place when and where the sale will take place, for the disposal of said lots or lands as aforesaid.

SEC. 15. That the time fixed by the said treasurer for the sale of lots or lands for taxes, shall be at some time which he may designate within the month of December next ensuing the publication of