called by said trustees in the ward for which it is proposed to make the loan, and if a majority of the legal votes at such meeting be in favor of the proposed loan, the same shall thereupon be authorized, and it shall be the duty of the president and trustees to authorize a negociation of said loan in the name of the town of Green Bay, but upon the guarantee and pledge of the property situated in the ward only for the benefit of which the loan is asked, and in no manner to be secured by or to affect the interest of the people or property in the other ward who have no direct interest, and take no direct action in regard to it.

A

Construction of

SEC. 31. That nothing in this act shall be so construed as to make one of the wards as designated by this act, liable for any debt act. contracted by the other, prior to the passage of this act, or which may be hereafter contracted agreeably to the next receding section of this act, by either of said wards separately, but the liabilities of each ward contracted for their separate benefit, shall rest alone on Each ward liable the ward so contracting, and the improvements in each ward and the disbursement of the corporate funds therein, sanctioned by at least two of the trustees elected by such ward.

for its debts.

Penalties how

Sac. 32. That all penalties for the breach of any ordinance passed by authority of this act may be sued for by action of debt, in the name of the president and trustees of the town of Green collected. Bay, before any justice of the peace and collected as in other cases of debt.

SEC. 33. That this act may at any time be altered, amended or repealed by any future Legislature, and all acts or parts of acts the provisions of which are inconsistent with the provisions of this act are hereby repealed, said repeal to operate only in reference to the government of the town of Green Bay hereby incorporated after its adoption of this act; Provided always that all rights, remedies, fines and penalties incurred or accruing under any former act or under any ordinance passed agreeably to the provisions of any former act, shall remain in the same condition as if this act had not been passed.

Powers reserved by legislature.

Repeal of former

act.

SEC. 34. That if any of the duties enjoined by this act to be done at a time herein specified, are not then done, the president Duties when and trustees may appoint another time upon which the said duties neglected. may be done, Provided that the person or persons failing to execute such duties at the time required by this act shall be liable to the same actions, fines and penalties as they would be liable to therefor if the said president and trustees had not the power to appoint another day.

Persons liable

Time for the adoption of act extended,

SEC. 35. Should this act not be adopted by the citizens of said town, in pursuance of its provisions, it shall be lawful for the qualified voters therein, at an election to be called by the president and trustees of said town within six months from the passage of this act to declare by ballot "yea" or "nay," whether the present charter of said town shall be dissolved, and if a majority of said voters shall vote "yea" then the said last mentioned charter shall be null and void from and after the first day of January, 1840. Approved, March 9, 1839.

Bounds, duration and powers of

NO. 53.

AN ACT to change the corporate limits and powers of the town of
Milwaukee.

Be it enacted by the Council and House of Representatives of the Territory of Wisconsin, SECTION 1. That the district included within the following limits and boundaries in township number seven of range number twenty-two in the county of Milwaukee, the corporation. to wit: beginning at the quarter post on the south line of section thirty, and running thence east along the south line of said section thirty and section twenty-nine to the middle of the Milwaukee river, thence down said river to the south line of section thirtythree, thence east half a mile to a point in the bay, thence north to a point on the lake shore where the quarter section line running east and west through the middle of section twenty-one, intersects it, thence west along said quarter section line to the middle of the Milwaukee river, thence up said river to the north line of said section twenty-one, thence west along the north line of said section twenty-one and section twenty, to the quarter post in the north line of said section twenty, thence south along the quarter section line to the middle of said section twenty, thence west along the quarter section line to the middle of section nineteen, thence south along the quarter section line in sections nineteen and thirty to the place of beginning, be and the same is hereby erected into a town corporate, and the authorities thereof shall be known by the name of the President and Trustees of the town of Milwaukee, and by that name they and their successors 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 prescribed shall be divided into two wards as follows: all that part of said district which lies east of Bounds of wards. the Milwaukee river, shall be known and called the East Ward;

cers therein.

and all that part of said district which lies west of said river shall be known and called the West Ward; and there shall be chosen by the qualified voters of each ward by separate election Election of of in each ward to be holden as is hereinafter directed, five persons in each ward to serve as trustees, and the said trustees shall elect a president out of their own number, and appoint a clerk, treasurer, and marshal, from among the qualified voters of the

town.

when held.

Organization

Voters may vote

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 1839 at the following places to wit: in the East Ward at the Courthouse, and in the West Ward at Leland's Exchange, between the hours of ten and four o'clock, and the voters there 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 for or against of this act until twelve o'clock noon; and if a majority of the adopting act. votes so given be opposed to the adoption of this act, the meeting shall then be dissolved, but if a majority be in favor of the adoption of this act, then the moderator and clerk shall proceed to receive votes from the voters there present, until the hour of four o'clock P. M. of said day, and the five persons 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 trustees, and shall continue in office one year and until others shall be elected and duly qualified in their stead.

If act is accepted may elect trustees.

Annual election

SEC. 4. That the trustees shall, (after the 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 of trustees. shall have resided in said town at least six months previous to the day of election, and who are at the time inhabitants in the ward where they may offer to vote. Said trustees shall be at least twenty-one years of age, citizens of the United States, Qualification and 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 for in this section or in the next preceding section of this act shall for any reason not be made out at the time prescribed, it shall not be considered a suffi

term.

poration not to be dissolved.

In what case cor- cient 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, may 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.

Vacancies how filled.

dent and trustees

SEC. 5. 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 that the same shall not be repugnant to the constitution and laws of the United States and of this Territory.

SEC. 6. That the president and trustees shall have power and Same subject authority to lay out new highways, streets, alleys, and public walks, 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, 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, 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 benefited 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.

Special tax, when

Sec. 7. That upon the 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 collect a special tax on the owners of the lots on the said street or and for what pur part of a street according to their respective fronts on such street, fected. 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.

pose to be col

SEC. S. That the president and trustees shall have power to levy and collect annually, a tax on the real 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 shall consider such lot or piece of land to be worth in offset for, or in payment of a just debt, without taking into consideration the value of any building or other improvement thereon.

sors.

SEC. 9. That the president and trustees shall annually appoint Duties of Ansesthree assessors whose duty it shall be to make out in the month of May, in the year 1839, and in the month 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 list 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' lots, 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