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confirm or set aside such appointment; and the justice so appointed shall, for the time being, possess all the authority, powers and rights of police justice. The police justice shall monthly report to the common council a list of all proceedings instituted before him in behalf of the city, and all cases of common assault and assault and battery, and the disposition thereof, and shall at the same time account and pay over to the city treasurer the amount of all penalties and fines collected, which may by law accrue to the city. The city shall not be liable for or pay any costs for violations of any law of this state; and such justice shall pay to the county treasurer all fines collected for offenses against the laws of this state, in the same manner as justices of the peace are required by law to do, except in cases of common assault and assault and battery where the cause of action arose, or the offence was committed, in the city of Fond du Lac, in which cases the fines shall accrue to the city.
SECTION 13. It shall be the duty, generally, of all policemen appointed by the common council, to faithiully perform such duties as shall be prescribed by the ordinances, laws and resolutions of the common council for the preservation of the public peace and health of the city, and shall possess all the common law and statut. ory powers of constables, except for the service of civil process. They shall faithfully abide by all ordinances prescribing the manner and extent of their duties, and the time in which such duties are to be performed. They shall perform the duties of night-watchmen for the city, it required, under such regulations as the common council shall prescribe.
SECTION 14. The several fire-wardens of the city shall examine as to the coustruction and condition of all chimneys, tire places, hearths, stoves, stove pipes, ovens, boilers, and fire apparatus used in and about any building, and shall have power to prevent the improper construction of any thereof, and may cause them to be removed or placed in a safe and secure condition. They shall prevent the deposit or keeping of ashes or any combustible material in any place except such as is safe, and they shall perform such other and further duties as may be prescribed by any ordinance or reso. lution of the common council.
SECTION 15. The justices of the peace elected un
Fire wardenstheir duties.
der this act, shall have the same jurisdiction and per-
SECTION 16. The assessor appointed under this act Assessors
SECTION 17. The aldermen of each ward within Aldermen to be the city shall be street and road commissioners in and street commisfor their respective wards, with such powers and duties duties. as are herein specified. They shall whenever required by the common council, make a detailed and accurate report in writing to the comptroller, of the Enancial coodition of the ward, of the expenditures, and a list of all ward certificates issued since their last report, together with a list of all debts contracted against the ward of which they are aldermen. No alderman shall
Not to be interbe a party to or interested in any job or contract with ested in conthe city or any of the wards, and any contract in which any alderman may be so interested shall be null and void; and in case any money shall have been paid up
on any such contract, the common council or any person may sue for and recover the amount so paid from the parties to such contract, and the alderman interested in the same.
SECTION 18. The mayor, sheriff of Fond du Lac county, each and every alderman, justice of the peace, chief of police, policeman and constable, shall be officers of the peace, and suppress in a summar y manner all rioting and disorderly behaviour within the limits of the city, and for such purpose may command the assistance of all bystanders, and if need be of all citizens and military companies. If any person shall refuse to aid in maintaining the peace, when so required, every such person shall forfeit and pay a fine of fifty dollars, and in case where the civil power may be required to suppress riots or disorderly behaviour, the
superior or senior officer present, in the order mentioned May arresti
in this section, shall direct the proceedings. It shall drankenor dis be lawful for the mayor, any alderman, the chief of
police, every policeman (or person acting as such) or constable of the city, to arrest forthwith any person who shall be drunk, disorderly, riotous, or doing any act which shall be by this act construed to be a misde. meanor, or by warrant arrest any person whom they or any of them shall find find committing any violation of the laws or of any ordinances of the city, and to take such person before the police justice of the city, or if the said justice is not in his office, or unable, or if it be out of office hours, or if for any other good reason an examination cannot be had, to confine the person so arrested in the city watch-house or county jail, otherwise to be examined by the said justice and dealt with according to the provisions of this act, or any ordinance of the city, or the
laws of the state. Inspector of
SECTION 19. The common council shall have power
whenever deemed necessary, to appoint an inspector, powers and
whose duty it shall be to inspect all boilers and engines and other apparatus deemed dangerous to life, used in or about any shop, manufactory or other building in the city, to examine the same, and to report whether the same are in a safe and secure condition, and, for that purpose said inspector shall have the power to enter into any shop, manufactory or other building in said city. Said inspector shall receive such fees as the common council shall prescribe, to be paid by the owner or
boilers, engines, etc.-his
jessee of the engine, boiler or other apparatus so inspected
. And if said inspector shall report that any engine, boiler or other apparatus is in an unsafe or dan. gerous condition, the owner or lessee thereof shall immediately place the same in a safe and secure condition; and for every day's neglect to repair the same, while running such engine, boiler or other apparatus, such owner or lessee shall forfeit and pay a fine of not less than twenty nor more than one hundred dollars.
SECTION 20. The common council shall have power other daties from time to time to require other and further duties may be requirto be performed by any Officer whose duties are herein prescribed, and to appoint such other officers as may be necessary to carry into effect the provisions of this act
, and w prescribe their duties and to fix the compensation of all officers elected or appointed by the common council. Such compensation shall be fixed by resolution at the time the office is created, or at the Commencement of the year, and shall not be increased or diminished during the term such officer shall remain in office.
SECTION 21. The common council shall have the Office of comppower of consolidating the offices of city comptroller troller.de clerk and city clerk, whenever the labor of the two offices can idated be performed by one person, or whenever the general interest of the city shall require it; and whenever the same are so consolidated, the officer to be appointed to perform the duties of both shall be called the city comptruller, and in such case, when by this act any duty is required to be performed by the city clerk, the same shall be performed by the comptroller.
SEATION 22. The common council at their first City printing to mertuig in each year, or as soon thereafter as may be, lowest bidder. stand order the city clerk to advertise for proposals for such printing or publishing as the common council may direct
, except as otherwise provided herein, and such printing and publishing shall be let to the lowest bidder or bidders, and all affidavits and verifications of the fact of the publication of any notice, ordinance, by-law, resolation or any other matter or thing may be made by any person doing such publishing, or by dhe foreman in any office in which such publishing may have been done, and such affidavits shall be read in evidence in the same manner and shall in all respects tave the same force and effect as if made by the city
7 P, & L LAWS.
Officers to de liver books, etc., to their successors.
printer; and no appropriation of money shall be made for any printing or publishing unless the same shall be let by contract, as herein provided : provided, that the prin:ing and publishing of the city charter and amend. ments thereto, together with the city ordinances and the rules and regulations of the common council or any other job work may be let by contract to the lowest bidder at any time the common council shall direct.
SECTION 23. All city officers at the termintion of their office, thall immediately deliver to their successors in office all property, moneys, books, papers and effects of every discription in their possession belonging to the city, or pertaining to the office they may have held. Any person who may bave held an office, neg.
. lecting or refusing so to do, shall forfeit and pay to the use of said city' one hundred dollars, besides ail damages caused by such neglect or refusal, and such successor may recover the possession of such books, papers and effects in the manner prescribed by the laws of the
state for other officers. Officers may be be removed.
SECTION 24. Each and every city and ward officer created by this act, either elected or appointed shall be qualified to perform the duties of his office, and in case he is not qualified, or shall become disqnalified during the continuance of such office, he may be peremptorily removed therefrom by a vote of two-thirds of the aldermen elect.
SECTION 25. Each and every city or ward officer, penalty. either elected or appointed, is expressly enjoined from
receiving any pay, reward or bribe, or any fee or salary cxcept such as is authorized by this act, or by the laws of the state not conflicting herewith ; and if any officer sball receive any pay, reward or bribe, or any fee or salary by virtue of such office, in any other manner than authorized by this act, he shall be liable to a penalty of not less than twenty five nor more than one hundred dollars, to be recovered in any court of competent jurisdiction, in the name of any person cognizant of the facts, and the person so suing shall be entitled to one-half of the amount recoverd in such suit, and the other half be paid iuto the city treasury. Any officer who shall illegally receive any fee, reward
bribe, shall be peremptorily removed from his office by the common council.