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day of March, 1866, in Vol. "C" of deeds, on pages 332 and 333, of all of that portion of the road of said company lying and being between the village of Manitowoc and Branch Mills in said county, and the hereditaments and appurtenances thereunto belonging, together with all and singular the immunities, rights, privileges and powers conferred upon said company by act of incorporation and the several acts amendatory thereof; that by virtue of said deed of conveyance and of the provisions of the chapter above recited the said David S. Conly is hereby declared to have become the owner of said portion of said road, with all the rights, franchises and immunities of said company pertaining thereto under its said charter and the several acts amendatory thereof. And the said Conly and his heirs or assigns shall have and hold the said portion of said road, together with all the said rights, franchises, privileges and immunities of said company, and may in his or their own name and right, take and receive the tolls on said road, and demand, sue for, recover and collect such tolls, and sue for and recover in any court having jurisdiction damages done by any party or persón to said road or the property thereof, in the same manner and with like effect as the said company could have done by law before the said conveyance was made
by said company to the said Conly as aforesaid. May hold said SECTION 2. That the said Conly, his heirs or righte,etc., subject to duties assigns shall hold said portion of said road and the
said rights, franchises and immunities appertaining thereto under the charter of said company, and the several acts amendatory thereto, subject only to the duties imposed therein and thereby and by law upon said company, to keep the road in repair and post the rates of toll; and shall in no manner be made liable for any demand by any person or party for any moneys claimed to be due from said company, or for the remitting of any tolls or rates thereof for travelling on said road, and may demand sue for and recover in his or their name for all tolls due to said company, by any person or party before the said conveyance of said road to said Conly and assigned to him, and for all tolls which have become and are now due on account of travel on said road since the date of said conveyance.
SECTION 3. This act shall take effect and be in force from and after its passage.
Approved February 28, 1868.
[Published March 4, 1868.]
AN ACT to amend chapter 251 of the private and local laws of the year 1854, entitled "an act to incorporate the village of Saok city.”
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. Section one of chapter 251 of the pri. Amended. vate and local laws of 1854, entitled "an act to incorporate the village of Sauk City,” is hereby amended by inserting after the word "attached” in the third (3) line of said section the following words, viz: "and all of section number twelve (12) and fraction number four (4) in section number thirteen (13), all in township number nine (9) north, of range number six (6) east, not embraced in the plat of the village of Sauk City. SECTION 2. Section two of said act is hereby Section two ainended so as to read as follows: “ The officers of said corporation shall be one president and five trustees, one clerk, one treasurer and one constable, who shall be, ex officio marshal of said corporation, one attorney, one surveyor, and such other officers as the president and trustees shall order. The president, trustees, clerk, treasurer and constable shall be elected annually on the last Monday of March in each year; all other officers shall be appointed by the president and trustees."
SECTION 8. The president shall preside at all meet. Duties of presiings of the board of trustees, sign all commissions, licenses and permits which may be granted by the president and trustees. He shall maintain peace and good order and see that the ordinances of the village are enforced and observed. A municipal court is hereby created in the said village of Sauk City, to be styled the police court," and the person elected as president of said village shall be elected on the same ballot az president and police justice, who shall hold the said police court, and he shall have power to ad. police justice. minister oa:hs and affirmations, and to take and certify acknowledgrnents and proofs of the execution of deeds and other instruments of writing relating to real est ate
His powers as
Marshal-his powers and duties.
and other matters required by law to be acknowledged or recorded, or both. As a judicial officer and court, the said police justice and court shall have and possess all the authority, jurisdiction, powers and rights of justices of the peace and justices' courts in civil and criminal proceedings, and shall have concurrent jurisdiction with justices of the peace and justices' courts of this state, residing in the same county of Sauk, and shall have concurrent jurisdiction with justices of the peace and justices' courts residing in said village, of all civil and criminal actions and cases for the violation of any provision of this act or of any ordinance, by-law, rule, regulation or resolution of the president and trustees of said village of Sauk City. The president, when presiding, shall have a casting vote at any meeting of the trustees when the votes of the members are equal, and as police justice he shall have the same fees as a justice of the peace receives for his services. Appeals and writs of certiorari may be taken from the judgment of the police justice in the same manner and with like effect as from judgments of justices of the peace.
SECTION 4. The marshal shall possess all the powers and enjoy all the rights of a constable of this state, aud be subject to the same liabilities. It shall be his duty to execute all writs and serve all processes to him directed by the president or other judicial officer, and when necessary in criminal cases, or for the violation of any of the provisions of this act, or of any ordinance of said village, or by-law or rule, regulation or resolution thereof, he may serve the same in any part of the state of Wisconsin. It shall be his duty to suppress all riots, disturbances and breaches of the peace and to apprehend all disorderly persons in said village, and pursue and arrest any person fleeing from justice in any part of the state of Wisconsin; to apprehend any person in the act of committing any offense against the provisions of this act, or the laws of the state, or the ordinances, by-laws, rules, regulations or resolutions of the president and trustees of said village, and forth with to bring such person before competent authority for examination, and for such and other simi. lar services he shall receive like fees as are allowed to constables, for like services. It shall be the duty of the marshal to see that all peddlers, hawkers and com
mon showmen and all the exhibitors pay their license according to law and this act and the ordinances of the village and in default of payment, to prosecute for the same in the corporate name of the village and to pay over the same to the treasurer when received by him.
Section 5. The attorney shall perform professional Attorney--bis services incident to his office, as prescribed by ordinances or by resolution of the president and trustees, or as directed by the president, and when required shall furnish written opinions to them. SECTION 6. The president and trustees of Sauk Powors of preCity shall have the control and management of the test and trusfinances and of all the property owned by said village, and shall likewise, in addition to the powers heretofore and herein vested in them, bave full power to make, enact, ordain, establish, publish, enforce, alter, modify, amend and repeal all such ordinances, rules, regula tions, resolutions and by-laws for the government and good order of said village as they may deem expedient, and to declare and impose adequate penalties for the violation of the same, and to enforce the same against persons who may violate any of the provisions thereof: and such ordinances, rules, regulations and by. laws when passed and published as provided in this act, and the several acts to which this is amendatory, to be and have the power and force of laws: provided, that they are not repugnant to the constitution and laws of the United States or of this state, and for such purpose the said president and trustees, in addition to other powers heretofore conferred upon them by law, shall have power and authority by ordinances, rules, regulations, resolutions or by-laws: Ist
. To license and regulate the exhibition of com. License showe. mon showmen or shows of any kind, or of caravans, circuses or theatrical performances, and to provide for the abatement and removal of all nuisances under the ordinances, or at common law, to restrain, probibit or license billiard tables, ten pin or other ball alleys, or the setting up or playing on the same in said
2nd. To restrain and prohibit all descriptions of Restrain gamgaming and fraudulent devices and practices, and all playing of cards, dice or other games of chance for the purpose of gaming, and to authorize the destruction of
all instruments and apparatus used for the purpose of
gaming in said village.
disorderly assemblages, suppress and restrain dis-
4th. To compel the owner or occupant of any gro.
same from time to time.
slaughter houses and markets, and to prevent the
sidewalks, lanes, alleys and public grounds and bridges
streets, alleys and public grounds.
horse racing, immoderate driving or riding in the streets, and to regulate the places of bathing in the water witbin the limits of said village.
8th. To restrain the running at large of horses, cattle, mules, sheep, swine, poultry and geese, and to
authorize the restraining, impounding, and sale of the Prevent run
9th. To prevent the running at large of dogs and ning at large of dogs.
to authorize the destruction of the same in a summary manner when at large contrary to the ordinances.
10th. To prevent any person or persons from bring. ing, depositing, or leaving within said village any putrid carcass or other unwholesome substances, and to require said person or persons to remove the same, and in default thereof, to authorize the removal of the same by some competent officer at the expense of such per
son or persons. Prevent driving
To prevent persons from riding or driving any horse, ox, mule or cattle or other animal on the sidewalks or in any way injuring such side.
walks. drunkenness. 12th. To restrain drunkenness, immoderate drink
ing or obscenity in the streets or other places in said
Cause removal of carcasses.