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Ferrymen exempt from

duty.

SECTION 10. For the encouragement of ferry keepmilitia and jury ers, and in consideration of their giving a free passage to public messengers, and others exempt by this act, all men necessarily attending on ferries, in the aforesaid counties, shall be free from military duty, and from serving as jurors.

Penalty for not complying with

of this act.

SECTION 11. If any ferry or ferries which hereafter the 4th section may be established as aforesaid, shall not be furnished with sufficient boat or boats, or other craft, with the necessary oars, setting poles, rigging, and other implements, for the service thereof, and also with a sufficient number of able bodied and skillful ferrymen, as is provided in the fourth section of this act, within the time to be specified by the board of county commissioners, at the time of granting such ferry, such licenses so granted shall be null and void.

Duty of commissioners, when granting licenses.

Penalty for

keeping a ferry without a license.

License money to be paid into the county treasury.

SECTION 12. And it is hereby made the duty of the board of county commissioners, at all times when selling the right of ferrying to any person or persons, to fix upon a time when such ferry shall be ready for the conveyance of passengers, and property, across any such stream or water course, and insert the same in the license granted to any person or persons purchasing such ferry.

SECTION 13. No person shall establish, keep, or use any ferry for the conveyance or passage, of persons and their property as aforesaid, for profit or hire, unless he, she or they shall be licensed as directed by this act, under the penalty of five dollars for each of fence recoverable before any justice of the peace of the county or counties before named, wherein such offence shall be committed, for the use of said county or counties; and if any person or persons, not licensed as aforesaid, shall at any time pass any person or persons or their property as aforesaid, except in case where there is no ferry established in the neighborhood, for profit or hire, or for the purpose of injuring any ferry or ferries, legally established under the provisions of this act, such person or persons so offending, shall for feit and pay the sum of five dollars for every such of fence, recoverable as aforesaid for the use of the counties aforesaid..

SECTION 14. All moneys arising from the sale of such ferry, shall be paid into the county treasury, by the person or persons purchasing such ferry, who

any

shall, upon payment of the same, take a receipt therefor from the treasurer, and forthwith file the same with the clerk of the board of county commissioners; and said clerk shall charge the amount thereof in account against such treasurer, as in other cases provided.

taken from the

SECTION 15. From and after the passage of this All power act, the judge of the district court in the aforesaid judge of the discounties, shall not have authority, to alter or amend in trict court. any respect, the rates of ferriage in any licenses heretofore granted by said court, which may not have expired at the time of the passage of this act.

SECTION 16. Nothing in this act, shall be so construed, as to prohibit the board of county commissioners from giving time for the payment of moneys arising from the sale of ferries to the purchaser thereof: provided, the purchaser shall always pay at the regular session of said board of commissioners, three months in advance, and a failure so to do, shall be considered by the board aforesaid, as a forfeiture of the license before named; and on such failure, the board of county commissioners may sell such ferry, in the same manner, and under the rules and regulations, as herein before provided; but in no case the person or persons forfeiting such ferry, shall be allowed to bid on any ferry thereafter for one year.

court transferred

commissioners.

SECTION 17. The authority heretofore vested in the Authority of district court, to alter from time to time the rates of the district ferriage in licenses granted by said court, is hereby to the county transferred to the board of county commissioners of said county. That so much of the act entitled, "an act for assessing and collecting county revenue" as relates to the assessing a tax upon ferries shall not apply to the counties before named in this act.

SECTION 18. That from and after the first organi- Repealing zation of the board of county commissioners, in the clause. counties aforesaid, all acts and parts of acts, contravening the provisions of this act, are hereby repealed. Approved January 16, 1838.

TER. LAWS-17

Name, duration and powers of

tion.

No. 56.

AN ACT to change the corporate powers of the village of Milwaukee.

SECTION 1. Be it enacted by the council and house of he incorpora- representatives of the territory of Wisconsin, That Solomon Juneau, Byron Kilbourn, James Sanderson, David S. Hollister, Samuel Brown, Henry Miller, Chauncey H. Peak, Allen C. T. Breed, and Luther Childs, be and they are hereby constituted, a body politic and corporate, to be known by the name of "the trustees of the village of Milwaukee;" and by that name, they and their successors shall be known in law, and have perpetual succession; sue and be sued, plead and be impleaded, defend and be defended, in courts of law and equity, and in all actions and matters whatsoever; may grant, purchase and receive and hold, property, real and personal, within the said village and no further (burial grounds excepted,) and may lease, sell, and dispose of the same, for the benefit of the village, and shall have authority to lease any of the reserved lands, which have been, or may hereafter be appropriated to the use of said village, and may do all other acts as natural persons; may have a common seal, and break and alter the same at pleasure.

Bounds of the town.

Trustees.

SECTION 2. That all that district of country, contained within the following described boundaries, towit: commencing at the northwest corner of section twenty, town seven north, of range twenty-two_east, and running southerly to the southwest corner of sec tion five, town six north, in range twenty-two east, from thence east along the lines of sections five and four, to the shore of Lake Michigan; thence northerly along the shore of said lake to the northeast corner of fractional section twenty-two, town seven north, in range twenty-two east; thence west to the place of beginning; is hereby declared to be within the limits of the village of Milwaukee.

SECTION 3. That the corporate powers and duties of said village shall be vested in nine trustees, after the term of office of the trustees herein named shall have expired, to wit: on the first Monday in May next, and to be chosen and appointed as hereinafter directed,

who shall form a board for the transaction of busi

ness.

to be elected.

SECTION 4. The members composing the board of When and how trustees shall be elected annually on the first Monday in May, by the persons residing in said village, qualified to vote at general elections in this territory, (but no person shall vote at such election unless such person has resided within the said village at least six months next preceding the election) to serve for one year and until their successors are duly elected and qualified. They shall be at least twenty-one years of age, citizens of the United States and inhabitants of said village, and shall possess a freehold estate within the limits thereof; but in case the election aforesaid shall for any reason not be made on the day hercin provided for, it shall not be considered a sufficient reason for dissolving the said corporation. And the said election may be made agreeably to the foregoing provisions at any time thereafter as a majority of the citizens thereof may determine.

SECTION 5. That the board of trustees shall appoint Their powers. their president from their own body, shall appoint all other officers of their board and shall be the judges of the qualifications, elections and returns of their own members. A majority thereof shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent members in such manner and under such penalties as the board may provide. They may determine the rule of proceeding and make such other rules and regulations for their own government as to them may appear proper and expedient.

SECTION 6. That the board of trustees shall have authority to levy and collect taxes upon all real estate within the village not exceeding the one-half of one per centum upon the assessed value thereof; to make regulations to secure the general health of the inhabitants; to prevent and remove nuisances; to establish night watches, erect lamps in the streets and light the same; to erect and keep in repair bridges; to provide for licensing, taxing and regulating theatrical and other shows, billiard tables and other amusements; to restrain and prohibit gaming houses, bawdy and other disorderly houses; to build market houses, establish and regulate markets; to open and keep in repair

When to levy a

special tax for grading, pavIng, &c.

Authority to open and im. prove streets, &c.

streets, avenues, lanes, alleys, drains and sewers, to keep the same clean and free from obstructions; to establish and regulate a fire department and to provide for the prevention and extinguishment of fires; to reg ulate the storage of gunpowder and other combustible materials; to erect pumps and wells in the streets for the convenience of the inhabitants; to regulate the police of the village; to regulate the election of village officers, to fix their compensation; to establish and enforce quarantine laws and from time to time pass such ordinances, to carry into effect the provis ions of this act and the authorities hereby granted as the good of the inhabitants may require; and to impose and appropriate fines and forfeitures for the breach of any ordinance and to provide for the collec

tion thereof.

SECTION 7. That upon the application of twothirds of the owners of real estate on any street or parts 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 parts of a street, according to their respective fronts, for the purpose of grading and paving the sidewalks thereof.

SECTION 8. That the board of trustees shall have authority to regulate, grade, pave and improve the streets, avenues, lanes and alleys within the limits of said village, and to extend, open and widen the same, 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 village not directly interested, who being first duly sworn for that purpose, shall enquire into and take the same into consideration, as well the benefits as the injury which may ac crue and estimate and assess the damages which would be sustained by reason of the opening, extension or widening of any street, avenue, lane or alley; and shall moreover estimate the amount which other persons will be benefited thereby, and shall contribute to wards compensating the persons injured; 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 and the residue, if any, shall be paid out of the village treasury.

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