cers.

Treasurer to ap.

any officers appointed by them, and fill the vacancy so made by Removal of om the appointment of another person at their pleasure, and it shall be lawful for the treasurer to appoint a deputy to perform his duties, and report such appointment to the clerk, who shall make point deputy. an entry thereof in the book containing the proceedings of the president and trustees; and said deputy may perform all acts and things which it is made the duty of the Treasurer by this act to do, and the acts of the said deputy shall be taken and considered as the act of the treasurer, and entitled to all the force and validity in law that such acts and doings would have if performed by the treasurer, in person, and said treasurer shall be held responsible for any improper act of said deputy in like manner as he would be responsible if said act were performed by himself; and said treasurer shall annually make out a statement of all the receipts and expenditures of said town during the preceding year, exhibiting the amount received and paid out for each ward separately and of a general nature, and publish the same three times in a newspaper printed in said town, or by posting up a copy thereof in three public places within said corporation.

books, and ef fects of present

SEC. 25. That the clerks and treasurers of the two corporations now existing within the limits of the corporation hereby established or of either of said corporations or parts of this corporation within which this act may be adopted as is hereinbefore provided, shall upon such adoption, transfer all the books, papers and monies which may be in of the transfer of their hands, to the clerk and treasurer who may be appointed agree- corporation. ably to this act; and all acts and ordinances of either of said corporations and the organization in all respects of the said corporations shall remain unimpaired until each of said corporations shall have adopted this act in the manner hereinbefore provided.

SEC. 26. That the president and trustees of said town shall have authority to order the formation of fire engine and [and] hose Fire companies. companies and fire hook and ladder companies not exceeding two of each, each to contain from sixteen to twenty-four able bodied men, between the ages of eighteen and fifty years, which companies shall be officered and governed by their own by-laws and shall be formed only by voluntary enlistment. Every member of each company shall [shall] be exempt from militia duty; and whenever a member of such company shall have served twelve years, he shall receive a discharge from the corporation, signed by the president and shall thereafter be exempt from jury duty, and from militia duty except in case of insurrection or invasion. SEC. 27. That the president and trustees of said town be and pose trustees they are hereby authorized to borrow such sum or sums of money money. may borrow

Members exempt from militie and jury duty..

For what pur.

Loans when to

be made.

Special loans r one ward.

Each ward liable for its debts.

as they may deem necessary for the improvement of streets in said town, for the erection of water works, the purchase of fire engines and for other objects of general or special interest to both or either of the wards of said town in manner as by this act provided, at a rate of interest not exceeding ten per cent. per

annum.

SEC. 28. That in case it be proposed to make a loan for the general interest of the town, the object, purpose and amount of such loan shall be submitted to the board of trustees, and if not approved by at least three of the trustees from each ward, no further action shall be had thereon, but if there be three or more of the trustees from each ward in favor of the loan, a meeting of the people shall be called in their respective wards by the president and trustees, and if a majority of the legal voters at each of said meetings separately be in favor of the proposed loan, the same shall thereupon be authorized; and the president and trustees may negociate and contract for the same on the faith and credit of the town, and they shall raise and apply the revenues of the town to the payment of such loan and the interest thereon accruing, or so much thereof as may be necessary, but if either of the wards shall give a majority of votes against the proposed loan the same shall not be made.

SEC. 29. That in case it be proposed to make a special loan for the immediate benefit of one ward only, and applicable to the peculiar interests of that ward alone, the object, purpose, and amount of such loan, shall be submitted to the trustees elected by that ward, and if not approved by at least three of said trustees, no further action shall be had thereon, but if there be three or more of said trustees in favor of the loan, a meeting of the people shall be called by said trustees in the ward for which it is proposed to make the loan, and if a majority of the legal voters 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 Milwaukee, 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.

SEC. 30. 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 contracted by the other, prior to the passage of this act, or which may be hereafter contracted agreeably to the next preceding section

of this act, by either of said wards separately, but the liabilities of each ward contracted for their separate benefit, shall vest alone on the ward so contracting, and the improvements in each ward the disbursement of the corporate funds therein, and the management of the local affairs thereof, shall be under the sole supervision, control, and direction of the trustees elected by such ward.

SEC. 31. That all penalties for the breach of any ordinance Penalties how passed by authority of this act may be sued for by action of debt collected. in the name of the president and trustees of the town of Milwaukee, before any justice of the peace and collected as in other cases of debt; and the said town of Milwaukee shall have the use of the jail of the county of Milwaukee for the imprisonment of any person liable to be imprisoned under the ordinances of said town and all persons committed to said jail by the marshal or any other officer, shall be under the charge of the sheriff of said county.

erative in both

SEC. 32. That until this act be adopted by the people of both wards Act not to be op in said corporation, agreeably to the provisions of the third section of wards unless this act, the same shall not be operative in both wards, but if either of adopted by both. the said wards shall vote as aforesaid, to accept this act of incorporation, the same shall thenceforward take effect and be in force in said To be operative ward as a separate and distinct corporation, in the same manner as in either ward when adopted by if this act referred to said ward only in all its provisions, powers, such ward. 1ights and liabilities, and the same are hereby declared in such case to vest in the five trustees and their successors, who shall be elected by said ward, as effectually as if so specially organized by this act; and the said trustees are in such case, hereby authorized to organize, as the board of trustees, appoint a president out of their own number, and appoint all other officers by this act authorized in the same manner as is herein provided for the appointment of officers by the president and trustees; and said board when so formed, shall have power to pass and enforce ordinances, and do all acts and things which the president and trustees are by this act authorized to do, as a separate and distinct body corporate and politic.

SEC. 33. That in case one only of the wards as herein before described, shall adopt in the first instance a corporate existence under the provisions of this act, agreeably to the next preceding section of this act, it shall be lawful for the other ward, at any future day, to enter into the corporation jointly with such ward by a vote of a majority of the legal votersjin said ward, agreeably to the provisions of the third section of this act, and thenceforth this act shall take effect and be in force in both of said wards, in the same manner as if both should adopt it together in the first instance.

When wards to enter corporation, jointly.

by the legislature

SEC. 34. That this act may at any time be altered, amendedor Powers reserved 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 Milwaukee 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 acts, shall remain in the same condition as if this act had not been passed.

Duties when neglected.

Time of perform ing extended.

Provise.

Trustees may

SEC. 35. That if any of the duties enjoined by this act to be done at a time herein specified, are not then done, the president and trustees may appoint another time upon which the said duties 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 if the said president and trustees had not the power to appoint another day.

SEC. 36. That either of the boards of trustees of the town of Milwaukee as at present organized, or the board of trustees to be construct draw elected under the provisions of this act are hereby authorized to bridge. locate and construct and cause to be located and constructed a draw-bridge across the Milwaukee River in said town, from the foot of Chestnut Street on the West side to the foot of Division Street on the east side thereof, Provided, that said bridge shall be so constructed and attended as to prevent any unreasonable detention of any ship, vessel or other water craft in passing up or down said river.

Proviso.

Expenses of bridge.

SEC. 37. The expenses to be incurred in the erection and completion of said bridge may be drawn from the Treasury of the corporation by and under the direction of the trustees who may undertake the direction thereof, who are hereby from time to time Tax to be levied empowered to levy and collect a tax on the real and personal estate within their several corporate limits sufficient to pay all expenditures necessary to be incurred for the erection of and keeping the same in repair.

therefor.

To be free.

SEC. 38. The bridge erected as aforesaid shall be and remain free, and no person or persons crossing the same shall be required to pay any toll therefor.

Approved, March 11, 1839.

NO. 54.

AN ACT to provide for laying out certain Territorial roads therein named.

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

Road from Praí

SECTION 1. That Joseph Brisbois, George W. Pine, and James Connor, be, and are hereby appointed commissioners to lay out and establish a Territorial road from Prairie du Chien, on the rie du Chien to Fort Winnebago. nearest and best route to Fort Winnebago; said road to run on the north side of the Wisconsin river.

SEC. 2. Said commissioners shall proceed in the discharge of How laid out. the duties assigned them, agreeably to the provisions of an act entitled "An act" to provide for laying out and opening Territorial roads, approved January 3d, 1838: Provided, that no part of the Expenses not to be paid out of the expenses of laying out said road, shall be paid by the county of county or TerriCrawford or Portage, or out of the Territorial treasury.

torial treasury.

Creek to Fort

SEC. 3. Joshua Hathaway, A. O. T. Breed, and George E. Graves, are hereby appointed commissioners to lay out and establish a Territorial road from the mouth of Sac creek, in the county of Road from Sac Washington, on the most eligible and suitable route, intersecting Winnebago. the Territorial road leading from Milwaukee to Fon du Lac, at or near Lake Misquesooc, thence via Hustis' Rapids, to Fort Winnebago. The said commissiouers shall meet at Milwaukee on the first Monday of May next, for the purpose of proceeding to the discharge of their duties required of them by this act, and they are hereby authorized to adjourn from time to time, as a majority of them may agree.

From Milwaukee

to Watertown.

SEC. 4. I. A. Lapham, John Hustis, and Frederick B. Otis, are hereby appointed commissioners to lay out and establish a Territo- via Hustis' rapids rial road from Milwaukee, via Menomonee falls, to Hustis' rapids, in the county of Dodge, thence to Watertown, in the county of Jefferson.

to Madison.

SEC. 5. B. L. Gibbs, James L. Thayer, and John Hustis, are From Sheboygan hereby appointed commissioners to lay out and establish a Terri- via Hustis' rapids torial road on the most eligible route from Sheboygan, via Hustis' rapids, to Madison: Provided, that said commissioners may adopt any portion of any road heretofore established, and which may be laid out prior to the meeting of said commissioners. No part of Expenses not to the expense of laying out the several roads authorized by this act counties through shall be paid from the county treasuries of any of the counties which the roads through which any part of them may run. Approved, March 11th, 1839.

be paid by the

may run.