be published

SECTION 9. All ordinances shall, within ten days Ordinances to after they are passed, be published in a newspaper within ten days. printed in said village; and no ordinance shall be in

force until the same has been published at least ten

days.

when taxes are

SECTION 10. That in all cases where taxes are Proceedings levied on real estate by the said village authorities, not paid." and such taxes are not paid on demand thereof, the said village authorities shall make a return of the same to the board of county commissioners, in the same manner and form that the county returns are made in similar cases; and the said board of county commissioners shall cause the same to be collected in the same manner and form that the county revenue is collected; and when collected the said board of county commissioners shall pay the same over to the board of trustees as provided in this act.

the village.

SECTION 11. The officers of said village, (in addi- Other officers of tion to the trustees) shall consist of one clerk, one street commissioner, one treasurer, one assessor, one collector of taxes, one village surveyor, three measurers of wood and coal, three measurers of lumber, three measurers and weighers of grain, and such other officers as the trustees of said village may deem necessary for the good thereof.

SECTION 12. The president and trustees of said Fire companies. village, shall, whenever they may deem it necessary, order the formation of fire engine companies, and firehook and ladder companies, each to contain from sixteen to twenty-four able bodied men, of between the ages of eighteen and fifty years, and no more; 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 be exempt from jury and militia duty, and whenever a member of such company shall have served twelve Members exyears, he shall receive a discharge from the corpora- militia and tion, signed by the president and shall forever thereaf- jury duty. ter be exempt from further jury duty, and from further militia duty, except in cases of insurrection or invasion.

empt from

SECTION 13. The members of the board of trustees, official oaths. and every officer of said corporation, shall before entering on the duties of their offices, take an oath or affirmation before some judge or justice of the peace

Incorporation to be divided into three districts.

Taxes to be ex.

district where collected.

to support the constitution of the United States, and the laws of this territory, and faithfully to discharge the duties of their office.

SECTION 14. That this incorporation shall be divided into three districts, to wit: all that part which lies south of the rivers Milwaukee and Menominee, shall be included in one district, and known as district number one; all that part which lies east and north of the river Milwaukee, shall be included in one district, and known as district number two; and all that part lying west and north of the rivers Milwaukee and Menominee, shall be included in one district, and known as district number three.

SECTION 15. The táxes collected in each of the pended in the several districts, shall be expended under the direction of the board of trustees for improvements within their respective districts, and the trustees to be elected under the provisions of this act, shall be apportioned three to each of the aforesaid districts (but all elections for trustees and other officers in said village shall be by general ticket) and the three persons having the highest number of votes, in each of the before named districts shall be considered duly elected.

Trustees to be appointed.

May borrow money.

SECTION 16. That the trustees of said town be, and they are hereby authorized to borrow such sum or sums of money as they may deem necessary for the improvement of the streets in said village, and for the erection of water works; the purchase of fire engines, and for such other objects of general interest as they may Upon a vote by deem proper: provided however that before said trustees shall borrow any money under this act, a vote of the people shall be taken, in such manner as said trustees shall direct; and in case a majority of the votes given shall be in favor of any loan which it may be proposed to make, the said trustees shall thereupon be authorized to effect said loan, and not otherwise.

the people.

SECTION 17. Nothing in this act shall be so construed as to make any one or more of the districts as designated in the foregoing provisions of this act, liable for any debt or debts contracted by any district or districts without the consent of the same.

SECTION 18. And be it further provided, That nothing in this act shall be so construed as to prevent the act entitled "an act providing for the assessing and

collecting a county revenue" being carried into effect

in all respects.

until accepted.

SECTION 19. And be it further provided, That the charter not to foregoing provisions of this act shall take effect as go into effect soon as they shall have been accepted by the inhabitants of said village, and not before, in manner following, viz. an election shall be held at the court house in said village at any time hereafter for that purpose, and to be conducted by the board of trustees as before named in this act; and any three of said trustees shall be considered a board to conduct said election. A notice of said election shall be published in one or more of the newspapers printed in said village, at least ten days previous to the day of election. provided for in this section, and if a majority of all the votes given are for the charter, it shall be sufficient grounds for the trustees as named in the first section of this act, to declare this act in full force and effect, and provide accordingly; but if this said charter shall not be accepted as aforesaid, the said trustees may from time to time, whenever they shall be petitioned by at least seventy-five legal voters of said village, to cause an election to be held as provided in this section, until this charter shall be accepted. And all fines and forfeitures accruing under the provisions of this act, shall be collectable before any court having jurisdiction over the same in said village. Approved, January 16, 1838.

No. 57.

AN ACT for opening and repairing or vacating public roads and

highways.

sioners in rela

SECTION 1. Be it enacted by the council and house of Power of the representatives of the territory of Wisconsin, That all county commis public roads and highways shall be opened, amended tion to roads. and repaired agreeably to the directions of this act, and the board of county commissioners shall have authority to make and enforce all orders necessary, as well for establishing and opening new roads, as to change or vacate any public road or part thereof, in their respective counties.

Mode of apply

ing for new roads.

Viewers.

To lay out the road.

And make report.

Remonstrances how made.

SECTION 2. Applications for new roads shall be made by petition, signed by at least fifteen householders of the township or townships in which such road is desired, (six of whom shall be of the immediate neighborhood) specifying the proposed beginning, course and termination thereof.

SECTION 3. Notice of each intended application shall be given by advertisement, in three or more public places in said township, at least thirty days prior thereto.

SECTION 4. The said board, when the petition is presented and publicly read, and upon proof of notice as above, shall, if they deem the road prayed for necessary, appoint three disinterested electors of the county as viewers thereof.

SECTION 5. The said viewers, or a majority of them, having taken an oath or affirmation faithfully and impartially to discharge their duties, shall proceed to view the route proposed, and, if they deem it of public utility, lay out and mark such road on the best ground that can be obtained, not running through any person's enclosure of one year's standing without the owner's consent, unless a good way cannot otherwise be had.

SECTION 6. The said viewers, or a majority of them, shall make and certify a copy of their proceedings to the ensuing session of the board when the same shall be publicly read, and if no objections be made to such proposed highway, the said board shall cause a record thereof to be made, and order the said road to be opened aud repaired a necessary width, not exceeding sixty-six feet, which shall thenceforth be a public highway.

SECTION 7. If any person through whose land the said road may run, feels aggrieved thereby, such person may set forth his, her or their grievances by way of remonstrance, and the said board shall thereupon appoint three disinterested electors and assign a day and place for them to meet.

SECTION 8. The said electors having had five days notice from either of the parties, shall meet and take an oath or affirmation, faithfully and impartially to discharge the duties assigned them. They shall then, or on any other day (prior to the next session) to which the majority may adjourn, proceed to review the pro

posed road, and assess the damages, if any, which such objector or objectors will sustain from such road being opened and continued through his, her or their lands, and shall report the same to the ensuing session of the board.

SECTION 9. If the majority of said reviewers assess and report damages in favor of the objector or objectors, the cost and damages shall be paid out of the county treasury; but if the majority report unfavorably, the objector or objectors shall pay the costs, and in either case said road shall be opened and recorded.

viewers to be

SECTION 10. If any three electors of any township when other or townships through which the proposed road may appointed. run, shall object at the time and in the manner aforesaid, to the same, as not of public utility, other viewers shall be appointed, who shall proceed as before directed.

SECTION 11. If a majority of said reviewers report against the utility of said road, the same shall not be established, unless the petitioners will open and maintain the same at their own expense, and in either case the petitioners shall pay the costs that shall have accrued; but if they report favorably thereto, the objectors shall pay the costs of the review, and the road ordered to be opened and recorded.

rection of the

SECTION 12. Any person or persons wishing to When the dicultivate land through which any road may run, may road to be petition the board for permission to turn such road on changed, and his, her or their land, or the land of any other person consenting thereto, at his, her or their expense.

SECTION 13. Three viewers shall thereupon be appointed, who shall proceed to view the same and report the respective distances and situation of the ground of the established and proposed road.

SECTION 14. If, upon the report, the board being satisfied that the public will not be materially injured by such change, they shall order the same, and upon satisfactory assurance of said road being opened equally convenient for travellers, the board shall vacate so much of the former road as lies between the different points of intersection, and record said reviewer's report.

how.

SECTION 15. Any person or persons, desiring to In case of terri change any territorial road passing through his, her or torial roads. their lands, may apply for that purpose to the board