Payment for

the city according to the just and reasonable interpretation of such contract, which difference or balance shall be recoverable at law in the name of said city, before any court having competent jurisdiction thereof, against such contractor or contractors. In all cases where the contractor or contractors shall proceed to work as it proproperly perform and complete their said contracts, the gresses. said board may in their discretion from time to time, as the work progresses, grant to said contractors an estimate of the amount already earned, reserving fif teen per cent. therefrom, which shall entitle the holder or holders to receive the amount that may be due thereon, when the money applicable to the payment of such work shall have been collected, and the conditions annexed to said estimate, if any, shall have been satisfied.

SECTION 6. All contracts entered into by said board Contracts to be of public works, and all bonds taken by them, shall be in name of city entered in the name of and be made to the "city of

Fond du Lac."

council.

SECTION 7. All acts, proceedings, plans, profiles and Subject to estimates of the board of public works, shall be subject to the revision, modification and control of the common council.

etc.

SECTION 8. The board of public works may require Engineering, the city surveyor or any other competent person to perform such engineering and draw such plans and specifications, and to make such estimates or assessments as they may deem proper or necessary.

SECTION 9. Nothing in this act contained shall be Construction. so construed as to dispense with any of the proceedings mentioned in chapters twelve and thirteen for the prosecution of any work mentioned therein.

CHAPTER XV.

VACATING STREETS, &C.

upon petition.

SECTION 1 Upon petition in writing of two-thirds streets, etc., of the owners of lots on any street, alley or highway may be vacated in said city, the common council shall have power to discontinue or vacate such street, alley or highway or any part thereof, upon a vote of two-thirds of all the aldermen elect, as provided in this chapter.

SECTION 2. Upon such petition being presented to Notice of vaca

Katimates of damages and benefits.

Notice of confirmation.

Benefits must

Damages must be paid before vacation.

to the common council, they shall cause notice to be published in the official paper of the city, for six successive weeks, which notice shall state what street, alley or highway, or what portion thereof, is proposed to be discontinued or vacated, and when the petition will be acted upon.

SECTION 3. If, at the expiration of such notice, and upon the hearing of such application, there shall be any valid objections made by any resident freeholder of said street, alley or highway to the vacating or discontinuing of the same, then the common council shall appoint three resident freeholders of the city as commissioners, who shall in no wise be interested in said application, and whose duty it shall be to view the said street, alley or highway and estimate the benefits and damages resulting to the owners of any real estate upon or connected with said street, alley or highway, and what portion of said street, that may be vacated, shall vest in the owner or owners of the lot or lots abutting thereon to each from the line of the lot to the center of the street, and report the same to the common council within the time mentioned in the order of appointment. The said commissioners in estimating the benefits and damages, and the proceedings thereunder, shall be governed as near as may be by the same rules as provided for the laying out of streets.

SECTION 4. If the report of said commissioners shall be confirmed, the common council shall publish an order to that effect for two successive weeks in the offi cial paper of the city

SECTION 5. In all cases of vacating or discontinuing streets, alleys, lanes or highways, the common council shall have no power to vacate or discontinue the same, unless the report of the commissioners shall show that the benefits equal the damages and expenses of so vacating the same, and if for any reason the petition for vacating or discontinuing a street be rejected, or the report of the commissioners be not confirmed, the expenses made under such application shall be paid by the city.

SECTION 6. The damages assessed by virtue of this chapter, shall be paid by the city treasurer, or duly tendered to the person entitled to the same, before such street, alley or lane shall be vacated or discontinued, and if not so paid or tendered, all the proceedings in

such case shall be void. The benefits so assessed from the confirmation of said report, shall become and remain a lien upon the premises so determined by the commi sioners in their said report, and the like proceedings for the collection of said benefits shall be had as in laying out streets.

jection be made

SECTION 7. When no objections to a petition for In case no ob the vacating or discontinuing of any street, alley or lane shall have been made, as is provided by the preceding sections, then in such case the common council shall have power, upon the termination of the publicacation of the notice required by section two of this chapter, to order the same vacated discontinued. SECTION 8. The order of the common council vacating or discontinuing any street, alley or highway, or recorded. any part thereof, may be recorded in the office of the register of deeds of Fond du Lac county, and shall have the same force and effect as a release of title or a quit claim deed.

or

Orders of vaca

tion to be

CHAPTER XVI.

FIRE DEPARTMENT.

SECTION 1. The common council, for the purpose Fire limits. of guarding against the calamities of fire, shall have power, and it shall be their duty, to prescribe the Imits within which wooden buildings, or buildings of other materials which shall not be considered fire proof, shall or shall not be erected, placed or repaired, and to direct that any and all buildings within the limits prescribed, shall be made and constructed of fire-proof materials, and to prohibit the repairing or rebuilding of wooden buildings within the fire limits, when the same shall have been damaged to the extent of fifty per cent. of the value thereof, and to prescribe the manner of ascertaining such damage.

SECTION 2. The common council shall also have power:

chimneys.

To prevent the dangerous construction and con. Dangerous dition of chimneys, fire places, hearths, stoves, stovepipes, ovens, boilers and apparatus used in and about any building or manufactory, and to cause the same to be removed, or placed in a safe and secure condition, when considered dangerous.

Ashes.

Dangerous

manufactories.

Fireworks.

Scuttles and ladders.

Suspicious persons.

Other regulations.

Fire engines,

etc.

Fire companies

Horses, steam engines, etc.

Duties of fire-] men, etc.

Size of companies, etc.

Exemptions of firemen.

II. To prevent the deposit of ashes in unsafe places, and to cause all such buildings and inclosures as may be in a dangerous state, to be put in safe condition.

III. To regulate and prevent the carrying on of manufactories dangerous in causing or promoting fires. IV. To regulate and prevent the use of fire-works and firearm".

V. To compel the owner or occupant of houses or other buildings to have scuttles in the roofs, and stairs or ladders leading to the same.

VI. To authorize the mayor, aldermen, police or other officers of said city, to keep away from the vicinity of any fire all idle and suspicious persons, and to compel all officers of the city and other persons to aid in the extinguishment of fires, and in the preservation or property exposed to danger thereat.

VII. And, generally, to establish such regulations for the prevention and extinguishment of fires as the common council may deem expedient.

SECTION 3. The common council shall procure fire-engines and other apparatus used for the extinguishmet of fires, and have the charge and control of the same, and shall provide fit and secure engine houses, and other places for keeping and preserving the same, and shall have power:

I. To organize fire, hook and ladder, hose and ax companies and disband the same.

II. To purchase horses and necessary apparatus for steam engines, and provide for the appointment of a necessary number of able and competent persons to take the care and management of the steamers, engines, horses and other fire-apparatus, to prescribe their duties, and to summarily remove such persons, at the pleasure of the common council.

III. To prescribe the duties of firemen and their compensation, and to make rules and regulations for their government, and to impose reasonable fines and forfeitures upon them for a violation of the same.

SECTION 4. Every fire company organized by the common council shall not exceed fifty able-bodied men, between the ages of eighteen and fifty years, and they may elect their officers, and shall be formed only by voluntary enlistment, or as the common council may prescribe.

SECTION 5. Every member of each company here

་

by authorized to be formed, shall be exempt from service on juries and from military duty during the continuance of such membership (except in cases of insurrection or invasion), and any person having served for the term of seven years in any of said companies, in succession, shall be forever thereafter exempt from serving on juries, from poll tax, and from military duty, except in cases of insurrection or invasion.

SECTION 6. Whenever any person shall refuse to Arrests at fires. obey any lawful order of the fire-marshal, the mayor, any alderman, fire warden, the chief of police, or any policeman at any fire, it shall be lawful for the officer giving such order to arrest or to direct orally any policeman, constable or any citizen to arrest such person, and to confine him temporarily in the watch-house, or any safe place until such fire shall be extingished, and in the same manner such officers, or any of them, may arrest or direct the arrest and confinement of any person at such fire, who may be intoxicated or disorderly; and if any person shall refuse to arrest or aid in arresting any person so refusing, or any person who shall be intoxicated or disorderly, he shall be liable to such penalty as the common council may prescribe, not ex. ceceding twenty dollars.

CHAPTER XVII.

BOARD OF HEALTH.

SECTION 1. The common council shall annually, Board of health at the time of appointment of the city officers, appoint a board of health, consisting of not more than one person from each ward, whose duty it shall be to investigate and ascertain causes tending to create sickness, and make diligent inquiry with respect to all matters affecting the health of the city. The said board shall cause all nuisances to be abated or removed.

SECTION 2. It shall be lawful for said board to take care of sick, such measures as they may from time to time deem etc. necessary to prevent the spread of any pestilential or infectious disease, to see that suitable provisions are made for the accommodation of such sick persons as properly come under the care of the city, and to make daily, weekly or monthly reports of the mortality of the city, as they may think proper.