ficers for overseeing and regulating such markets and to res train all persons from interrupting or interfering with the due observance of such rules and regulations.

XXII. To license and regulate butcher's stalls, shops and stands for the sale of game, poultry, butcher's meat, butter, fish and other provisions.

XXIII. To regulate the place and manner of weighing and selling of hay, and measuring and selling of fuel and lime, and to appoint suitable persons to superintend and conduct the same. XXIV. To compel the owners or occupants of buildings or grounds to remove snow, dirt, or rubbish from the side walk, street, or alley opposite thereto, and to compel such owner or occupani to remove from the lot owned or occupied by him all such substances as the board of health shall direct, and in his default to authorise the removal or destruction thereof by some officer of the city at the expense of such owner ar occupant.

XXV. To lay out new streets, highways, lanes, alleys and public walks, and to vacate such streets, highways, lanes, alleys and public walks as in their opinion shall not be of public utility; to extend, or widen streets, highways, lanes, alleys and public walks; to regulate the grade, pitch or elevation, and the paving, repairing and improving, of streets, side walks, lanes, alleys and public walks, making the persons injured thereby adequate compensation.

XXVI. To regulate the construction of piers or wharves extending into Lake Michigan within the limits of said city, and to prescribe and control the prices to be charged for pierage or wharfage thereon.

XXVII. To regulate and control the landing of persons from boats or vessels wherein are contagious or infectious discases or disorders, and to make such disposition of such persons as to preserve the health of said city.

ces, &c, to be

ed:

SEC. 18. All laws, ordinances, regulations, resolutions and Laws, Ordinan by-laws shall be passed by an affirmative vote of a majority of published prior the select and common councils respectively, and shall be to being recordsigned by the President of each council, and shall be published six days in one daily newspaper in said city before the same shall be in farce, and within fifteen days thereafter they shall be recorded by the City Clerk in books to be provided for that purpose; but before any of the said laws; ordinances, regulations, resolutions or by-laws, shall be recorded, the publications thereof respectively within the said time shall be proved by the affidavit of the foreman or publisher of such newspaper, and said affidavit shall be recorded therewith, and at all times shall be deemed and taken as sufficient evidence of the time and manner of such publication.

SEC. 19. The powers conferred upon the said councils to

to be deemed

and declared

nuisances.

Certain houses provide for the abatement or removal of nuisances shall not bar or hinder suits, prosecutions, or proceedings in the Courts according to law. Depots, houses or buildings of any kind wherein more than thirty pounds of gunpowder is deposited, stored or kept at any one time, gambling houses, houses of il fame, disorderly taverns, and houses or places where spirituous. vinous or fermented liquors are sold without the license required. therefor, within the limits of said city, are hereby declared and shall be deemed public or common nuisances.

Select Council to audit ac

officers

SEC. 20. The select council shall examine, audit and adjust counts of city the accounts of the Mayor, Clerk, Treasurer, School commissioners, Street commissioners, Collectors, Marshal, and all other officers and agents of the city, and of every ward thereof at such times as they may deem proper, and also at the end of each year, and before the term for which the officers of the said city are elected or appointed shall have expired. And the said select council shall require each and every such officer and agent to exhibit his books, accounts and vouchers, for such examination and settlement, and if any such officer or agent shall refuse to comply with the orders of said council in the discharge of their said duties, in pursuance of this section, or shall neglect or refuse to render his account or accounts, or present his books and vouchers to said council, it shall be the duty of the select and common councils to declare the office of such person vaProceeding in Cant. And the select council shall order suits and proceedings case of neglect at law against any officer or agent of said city who may be found delinquent or defaulting in his accounts or in the discharge of his official duties; and shall make a full record of all such settlements and adjustments.

to exhibit vouch

ers.

Mayor elect to take oath, &c.

General Powers and Duties of Mayor.

SEC. 21. When the councils shall have ascertained from the returns, and declared the person duly elected to the office of mayor as hereinbefore directed, the person so elected to said office, shall make and subscribe, before some person authorised by law to administer oaths, an affidavit, "well, impartially and faithfully to discharge the duties of the office of mayor of the city of Milwaukee, and also to support the constitution of the United States and of this State," whereupon he shall be fully authorised to enter upon the duties of his office.

SEC. 22. The Mayor shall be the chief executive officer and magistrate of said city. He shall preserve the peace and good order of the city, and shall see that the laws of this State, and the ordinances, laws, rules, regulations, resolutions, and by-laws of the city be observed and executed. He shall from time to time recommend in writing to the councils, such measures as he may deem expedient for the good government and welfare of the city. He shall have and may exercise the power and au

thority to administer oaths, to take and subscribe affidavits and depositions, and acknowledgments or proofs of deeds for the conveyance of lands and other instruments of writing. He shall grant and issue all licenses authorised or required by law, or by the ordinances of said city, upon the presentation of the City Treasurer's receipt of the payment of the amounts or sums of money required therefor. He shall appoint as many assistant marshals as he may deem expedient, not exceeding one for each ward of said city, and bridge tenders and watchmen, and one Captain of the Watch; and may remove the marshals and assistant marshals, and bridge tenders and watchmen, and Captain of the Watch, or any of them, for violation or neglect of duty or other good cause; and to suppress a riot or mob, or to preserve the peace and quiet of the city he may appoint as many temporary and special constables as he may deem necessary.

and Duties of

SEC. 23. It shall be the duty of the Mayor to keep his General Powers office open daily, except Sundays and Christmas Days, where Mayor. he shall hear and dispose of breaches, infractions, and violations of the laws, ordinances, rules, resolutions, regulations, by-laws and orders of said city; and all complaints, informations, and cases of breaches of the peace, quiet or good order of the city; and impose and enforce the prescribed penalties therefor; and also for all violations of the laws and ordinances regulating licenses; and all such other duties as may appertain to his said office of Mayor.

and Duties of

Suits before Mayor-how

SEC. 24. The Mayor shall have power to issue warrants, General Powers attachments, subpoenas, executions and all other writs, process Mayor. and papers necessary to carry out and enforce the powers and jurisdiction here conferred; and he shall have the same power to require and enforce the observance and execution of the said writs, process and papers as the Courts of this State. All writs, process, licenses and papers issued by the Mayor shall be signed by the Mayor and sealed with the seal of the city. Suits or proceedings before the Mayor shall be prosecuted in the name of the city of Milwaukee, and shall be commenced commenced. by warrant or capias, upon information in writing under oath, or upon his own observation, or that of the Marshal, assistant marshals, watchmen or constables of said city; and he may proceed to hear and dispose of all cases in a summary manner; and enter judgments, decrees, and sentences as may be just and proper; and issue commitments and executions to enforce the same, together with legal costs. And executions issued upon such judgments, decrees or sentences shall authorise and command the officer to whom the same may be issued, to levy the same of the goods and chattels of the defendant or defend

prisoned.

ants therein named; and in case the said defendants have no such goods and chattels whereof to levy the same, or in case of the non-payment of the amount of such writ or execution and When defend- Costs, to imprison the said defendant or defendants in the com ant may be im- mon jail of the county of Milwaukee, for such time as may be prescribed by the law or ordinance under which the judgment, decree or sentence shall have been rendered, but not exceeding sixty days. The Mayor shall also have power to commit or bind over to the Courts of the State, such persons as may be found upon examination before him to be indictable; and may have and exercise the same power and authority to punish for contempts as the Courts of this State; and he shall grant apgrant appeals to peals from his final judgments, decrees and sentences, in the Court of County same manner as Justices of the Peace, in criminal cases to the Court of Milwaukee county having jurisdiction of such appeals from Justices of the Peace; and he shall have and receive for his services such fees as are allowed Justices of the Peace or other officers for similar services, in addition to such annual salary as may be allowed by the councils, which shall not be reduced during his term of office.

Mayor may

Certain city authorities to be

peace.

SEC. 25. The Mayor, Sheriff, Under Sheriff, and Deputy officers of the Sheriff of the county of Milwaukee, each and every Alderman, and Justice of the Peace, Marshal and assistant marshals, constables and watchmen, shall be officers of the peace, and may command the peace and suppress in a summary manner all rioting and disorderly behavior, within the limits of said city; and for such purposes may command the assistance of all by-standers; and the Mayor, if need be, may command the assistance of all citi zens and military companies; and if any by-standers, citizens, military officer, or private of such company shall refuse to aid in maintaining the peace, when so required, every such person shall forfeit and pay such fine as may be prescribed by ordinance in such case provided.

County jail to be

Expense of keep

to pay.

SEC. 26. The common jail of the county of Milwaukee used by the city shall be used by said city for the imprisonment of any person ing, &o,-who therein by virtue of any process, commitment or execution issued by the Mayor, or by virtue of an order of the Mayor or any other officer of said city; and all persons committed to said jail in pursuance of any such process, commitment execution or order, or by the marshal or assistant marshal, or constable, or a watchman, or any other officer of said city, shall be under the charge of the Sheriff of said county as prisoners of the said county, but the city shall pay the expenses of keeping and maintaining them.

Duties of City

Glerk.

SEC. 27. The city clerk shall attend at the office of the Mayor daily when required during office hours, and shall write

down and duly record in books to be provided by the city for that purpose, all orders, judgments, decrees and sentences, and other proceedings of the Mayor; and he shall make and record a list of all licenses, stating to whom issued and for what purpose, with their dates; he shall also keep an office, which shall be open during the usual office hours, except when in attendance at the Mayor's office; and he shall file in his office all official affidavits except the alderrien's all official bonds, and all ordinances, laws, regulations and by-laws of the councils, with the affidavits of publication annexed, and shall record the said ordinances, laws, regulations and by-laws, in a book or books to be provided by said city. Chattel mortgages and other papers authorised by law to be filed or recorded in a town clerk's of fice may be filed or recorded by the city clerk in his office. He shail do and perform all the duties required by law to be done and performed by town clerks, so far as such duties can be performed by a city clerk. He shall make all tax lists and issue all warrants for the collection of taxes as prescribed by law. He shall make and certify, when required, under the seal of the city, copies of all records or papers in the office of the Mayor, or in his own office, and all such copies shall be received as evidence in the Courts of this State as fully and effectually as the said original records or papers. The said clerk shall be allowed the same fees as are allowed to registers of deeds and clerks of the board of supervisors, and town clerks for similar services, in addition so such salary as may be grant ed by the councils. For recording the proceedings of the Mayor, as aforesaid, he shall be paid by the folio the same as registers of deeds, which shall be taxed in the bill of costs in each case or proceeding. The ordinances, rules, regulations, resolutions and by-laws of the councils, with the affidavits of publication thereto annexed and filed or recorded in the city clerk's office, or a certified copy thereof under seal, shall be conclusive evidence thereof, and a printed paper or pamphlet containing the same shall be prima facie evidence thereof. SEO. 28. The Marshal shall serve all process, writs and no- Duttes of Martices issued or ordered by the Mayor, or the councils or aldermen, and for that purpose he may pass through and into any county of the State. He shall attend at the Mayor's office when business may require and shall also be present at the sessions of the councils when required. He shall report to the Mayor daily all breaches of the peace and order of the city and all violations of the laws and ordinances of the city, and all persons trading or dealing in any way without such license as may be required therefor. He shall suppress riots, inobs and breaches of the peace and may call to his assistance in the discharge

Rule of Evi

dence.

sha!.