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 comart 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 apMayor may peals from his final judgments, decrees and sentences, in the grant appeals to 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.

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 citizens 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, &c.,-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 Clerk.

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

0%

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 aldermen'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 shall 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 granted 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. SEC. 28. The Marshal shall serve all process, writs and no- Duties 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 ses sions 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, mobs and breaches of the peace and may call to his assistance in the discharge

Rule of Evidence.

shal.

of any of his duties, all State, county and city officers and citizens, and he shall assist all such officers in the discharge of their duties when required. In serving and executing process and making sales of property upon executions or otherwise, he shall be governed by the laws of the State regulating and providing for the service of process and sales of property by constables, and he shall be entitled to the fees allowed constables. The Marshal shall also do and perform all such duties as may be prescribed by ordinances or resolutions of the councils. The Council may councils may prescribe a tariff of fees for the Marshal not exceeding the rates of constables fees and may also allow him a salary. Assistant Marshals may do and perform all the duties specified herein, or that may be specified by the councils in their ordinances and resolutions to be done and performed by the Marshal and shall be entitled to the same fees; and all such acts and services shall be as valid and effectual as if done by the Marshal.

regulate lees of Marshal.

Councils may provide night watch.

Duties of watchmen.

SEC. 29. The councils shall have the power to provide for the appointment, organisation and support of a good and sufficient night watch.

SEC. 30. It shall and may be lawful for the watchmen or any of them and they are hereby empowered and required to apprehend all night-walkers, malefactors, rogues, vagabonds and disorderly persons, whom they shall find disturbing the public peace or shall have cause to suspect of any evil design and to carry the person or persons so apprehended as soon as conveniently may be before the Mayor of the said city to be examined, tried and dealt with according to law. The watchmen shall be at their respective stands and keep watch and ward at the hours and during the times specified, and shall observe, perform and execute all such matters and things as by the ordinances, resolutions, rules, orders, regulations and bylaws of the councils shall be from time to time enjoined them. And in case of any fire breaking out or any great necessity, they shall immediately alarm each other, and the inhabitants in their respective rounds, which when done, they shall repair to their respective stands, the better to discover any other fire that may happen as well as to prevent any burglaries, felonies, breaches of the peace, outrages and disorders, and to apprehend any suspected persons who in such times of confusion may be feloniously carrying off the goods and effects of others. And it shall be the duty of the watchmen to report daily to the Mayor all cases of disorder or breaches of order or of the ordinances of the councils that come to their knowledge, and to do such other duties as may be specified by the councils or directed by the Mayor.

Duty of Coun

SEC. 31. The city Surveyor shall be a practical engineerolls in relation and shall do and perform the duties of surveyor, engineer and to Surveyors. regulator. The councils shall provide an office for the city Surveyor, and shall prescribe his duties, and also a tariff of fees and compensation for his services, and the services of his assistants. The councils shall provide for the making of drafts of the city, designating therein the several streets and sections of the city and showing the regulations, heights, ascents, descents and grades of the streets, water courses and sewers and locations of reservoirs heretofore established and constructed and as the same from time to time may be established and constructed, and for the making of maps, charts, diagrams, profiles of streets, lanes, alleys and of surveys, and the recording thereof and for the preservation of the records, papers, filed notes and other documents in and appertaining to the office of city Surveyor; and that the same shall be the property of the city and be open to the proper inspection of the inhabitants thereof. The councils shall also prescribe the number of assistant Surveyors from time to time and their duties, and they shall be appointed by the city Surveyor.

SEC. 32. The city Surveyor upon application to him made shall have full power and authority to regulate party walls and partition fences within said city, and may enter upon the land of any person in order to set out the foundations, and regulate the walls to be built or constructed between party and party, as [to] the breadth and thickness thereof and location thereof; the foundation of said party walls shall be laid equally upon the lands of the persons, between whom such party wall is to be made or built; and the first builder shall be reimbursed one moiety of the charge of such party wall, or for so much thereof as the next builder shall have occasion to make use of, before such next builder shall in anywise use or break into the said wall. The charge of value thereof to be set by the city Surveyor. Where the adjoining parties do improve or enclose their lots such partition fences shall be made in the manner generally used, and kept in good repair at the equal cost of the parties or owners of the adjoining lots, unless they shall otherwise agree; and if either party between whom such partition fence is to be made, or is, or shall be made, shall neglect or refuse to make his part thereof, or to repair his part thereof, or to pay his share or moiety for such making or repairing, then the other party may make, or repair the said partition fence and shall have an action 'at law, against the other party so neglecting or refusing for the recovery of his share of the expenses of such making or repairing.

SEC. 33. If any person shall lay the foundation or begin to

Power of Sur] late divisiou

veyor to regu.

walls, &c.

mark out foun

vision lines.

Surveyor to lay the foundation of any party wall, or any wall, or build any dation and di- fence adjoining or upon the line of any public street, lane, or alley within the said city, before the lines and boundaries of the lot or piece of land whereupon the said foundation shall be so laid, or begin to be laid, or fence built, shall be adjusted or marked out by the said surveyor, every such person, as well employer, as master builder, shall forfeit and pay such sum as may be prescribed by ordinance for the use to be therein mentioned.

Power to enter upon Lands.

Surveyor to be governed by

SEC. 34. The city surveyor and his assistants, and the aldermen may at all seasonable hours, enter upon any lot or lands within said city, and survey or measure the same in order to perform the service and duty required.

SEC. 35. The city surveyor shall be directed and controlled original surveys in all cases where practicable, by the original surveys and land marks of streets, alleys, and lots as marked, described and laid down by the original proprietors. And where the owners or proprietors of buildings or fences shall fail to comply with the provisions of this act, in having such previous survey and regulation as herein required, and buildings or fences shall be erected in such manner as to stand partly on the adjoining lot; no length of possession whatever by means of such building or fence of any part of an adjoining lot so encroached upon shall be available, or bar legal proceedings against the own er, or owners of such buildings or fences.

Surveyor to make record of surveys, &c.

SEC. 36. The city surveyor shall make a record of all or ders, directions, awards and surveys by him made concerning party walls or partition fences, and every such order, direction, award, and survey, if made with reasonable notice beforehand to the parties interested therein; shall conclude and bind all Parties may ap- parties, unless the same be set aside upon appeal. And if any

peal to Select

Council.

Surveyor not to

manent land

marks.

party should be dissatisfied with any order, direction, award or survey of said city surveyor, he may appeal to the select comcil, who shall finally adjust and settle the same, which shall conclude and bind all parties, the costs of such appeal to be paid as the said select council shall direct, or as may be directed in and.by an ordinance.

SEC. 37. It shall not be lawful for the city surveyor to change, but to establish per- change the boundaries or land marks of lots as laid out and sold by the original proprietors, for the purpose of equalising said lots or correcting said surveys or land marks. And where streets or alleys have been built upon, and in ignorance of the true line thereof, in such manner as to increase or diminish the original width of said street or alley, unless, in the opinion of the councils, the diminution should be so great as to effect the use of said street or alley, or the convenience of the inhabitants