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be false, he shall be deemed guilty of wilful and corrupt perjury, and on conviction thereof shall suiter such punishment as is uow, or shall hereafter be provided by law for persons guilty of perjury. If any person who is not a qualified voter shall vote at any election, or if any person daly qualified shall vote in any other ward than the one in which he may reside, or shall vote more than once at any one election, he shall forfeit and pay a sum not exceeding fifiy dollars nor less than twenty-five dollars to be recovered in the same manner as other penalties may be recovered under this act. It shall be the duty of the inspectors of election to keep a list of List of chalthe names of all persons whose votes may be challenged as afore
lenges to be
kept. said, and who shall swear in their votes; and if any such inspector shall knowingly and corruptly receive the vote of any person not duly authorized to vote, such inspectors shall be liable to indictment, and on conviction thereof shall severally forfeit and pay for the use of the city a sum nut exceeding five hundred dollars nor less than one hundred dollars. Sec. 8. The person receiving a plurality of all the votes cast Number of
votes necessa in all the wards for mayor shall be the mayor; and those three per- ry 10 elect sons in each ward who may receive the highest number of votes certain officers at the first election for aldermen in their respective wards shall be the aldermen for the wards so electing; and that person in each waid receiving the highest number of votes at the first election for justice of the peace shall be justice of the peace in the ward so electing; and the person in each ward receiving the highest number of votes for constable at the first election shall be a consta. ble in the ward so electing; and at all subsequent elections the persons receiving the highest number of votes for each of the said offices respectively shall be thereby duly elected for the office for which he may have been designated by such votes. The board of trustees of the town of Milwaukee shall determine who shall have been properly elected at the first election, and the president of the board of trustees shall administer the oath of office to the first mayor, and such mayor shall administer the oath of office to the several aldermen who have been declared to be elected; Who to deterand the mayor also may administer such oath to any and all offi. mine the offi
cers elected. cers of or within the city. All subsequent elections shall be determined on by the mayor and coinmon council; and the new mayor in cvery case may be sworn into office by his predecessor
or clerk or any alderman of the board and he shall administer the oath of office to all newly elected aldermen. In case of a tie between two candidates at any election the election of one or the other of them shall be determined by lot in the presence and un
dèr the direction of the mayor and common council. A quorum of
Sec. 9. The municipal authority of the said city shall be ves. aldermen may
ted in a common council, which shall consist of the mayor and aldermen as hereinafter mentioned, a majority of whom shall be a quorum for the transaction of business. The mayor shall preside in common council, and shall have a casting vote, and no other
uberein, The representation in the common council shall be as Representa, follows, viz: Each ward shall be represented by three aldermen; tion of wards in council. and each of the said aldermen from the several wards aforesaid,
shall be entitled to one vole in the said common council. The sittings of the said common council shall be public, and the records of its proceedings shall be kept by the clerk and shall be
open at all reasonable office hours, to public inspection. Duty of May. Sec. 10. The mayor shall be the chief executive officer and
head of the police of the city. It shall be his duty to recommend in writing to the common conucil, such measures as he may deem expedient. He shall maintain peace and good order, and see that the laws of the Territory and the ordinances of the city are observed and executed. He shall have power to administer oaths or affirmations and to take and certify acknowledgments of deeds and other instruments in writing. He shall nominate, and with the consent of the common council appoint, a marshal of the city and one constable in each ward, and at his pleasure remove any of said officers. In case of riot or other public disturbance, he may appoint as many special and temporary constables as bé
may deem proper. Who are offi Sec. 11. The mayor, or acting mayor, each and every alderters of the peace, and man, justice of the peace, marshal, deputy marshal, constable and their powers watchman, shall be officers of the peace, and may command the as such.
peace and suppress in a suminary manner all rioting and disorderJy behavior in a manner consistent with the ordinances of said city within the limiis thereos, and for such purposes may command the assistance of all bystanders, and if need be, of all citi. zens and military companies; and if any person, bystander, mili. tary officer or private of such company shall refuse to aid in main
taining the peace wien so required, every such person shall forseit and pay such fine as may be prescribed by ordinance of the common council, in such case provided. And in all cases where the civil power may be required to suppress riotous or disorderly behavior, the superior or senior officer present, in the order men. tioned in this section, shall direct the proceedings. Sec. 12. In case of a vacancy in the office of mayor, or of Vacancy in
the office of his being unable to perform the duties of his office by reason of
muvo: how temporary ur continued absence or sickness, the common council filled. shall appoint by ballot one of their number to preside at their meetings; and the alderman so appointed shall be vested with all the powers ar.d perform all the duties of mayor until the mayor shall resuine his ollice, or the vacancy be filled by a new election.
Sec. 13. The tenure of office shall be as follows: The may, or shall hold his office one year, and until his successor shall be elected and duly qualified. The aldermen elected in the sever. Terms of olli al wards, shall hold their offices for the term of one year, and until their successors shall be elected and duly qualified. The juslices of the peace shall hold their offices two years and until their successors shall be elected and duly qualified. And all constables regularly elected, shall hold their offices for the term of one year and until their successors be elected or appointed and duly qualified. And in the event of a vacancy in any elective
Vacancy in office, the same may be filled by special election to be held at any elective
office how filsuch time and place as may be designated by the mayor and coun. led. cil; and the person so elected shall till the vacancy during the remainder of the term for which his predecessor was elected.
Sec. 14. The justices of the peace and constables elected Powers of jusor appointed in the several wards, shall possess all the powers and tices, consta
bles and marenjoy all ibe rights (subject to tie exceptions in this act contain shal defined. ed) of justices of the peace and constables of the towns in Milwaukee county, and shall provide the like bonds and be subject to the same liabilities; and the marshal of said city and all depusies by bim appointed, shall in like manner possess subject to the same liabilities and enjoy the saine privileges as constables in the towns in Milwaukee counts, and said marshal shall ble with the clerk a bond for the faithful performance of liis duty, to be approved by the mayor and common council.
Sa. 15. The coamna cumcil at their first mnecting, or as
all the powers, bo
Police justice soon thereafter as may be, and afterwards whenever a vacancy shall to be designated,
happen, shall designate one of the justices elected within the city, to be a "police justice," who shall continue to be such police justice during his continuance in office as a justice of the
peace, or until removed in the manner hereinafter provided. Powers of po
Sec. 16. The police justice shall possess all the authority lice justice.
powers and rights of a justice of the peace and shall have sole and exclusive jurisdiction to hear all complaints and conduct all examinations and trials in criminal cases within the city; brul warsants returnable before the police justice, may be issued in criminal cases by any other justice in the city, but no fee shall be received therefor by any other than the police justice. The police justice shall also have exclusive jurisdiction in all cases in which
the city is a party, and he shall have the same power and auProviso. thority in cases of contempt as a court of record: Provided,
That nothing herein contained shall be deemed to divest the Judges of the Supreme Court of their authority as justices of the peace, nor in any manner to affect the jurisdiction or powers
of the District Court of Milwaukee county, How to sue for
Sec. 17. In all suits for the violation of any ordinance of the violation of or- city, the process may be by warrant, and it shall be enough withdinanc).
out setting forth the special matter, to declare generally in debt, with reference to the ordinance under which the action is brought, And a printed copy of an ordinance published in a newspaper or pamphlet, by authority of the common council, shall be prima facia evidence of the passage and publication of such ordin
Sec. 18. The supervisors of the county of Milwaukee shall Salary of po- from time to time provide a salary for the police justice of not less lice justice.
than four hundred dollars nor more than eight bundred dollars for his services in criminal cases, to be paid semi annually; which
salary shall not be reduced during the continuance in office of the Proviso. person in whose favor the same shall have been provided: Prodi.
ded, always, that nothing herein contained shall make it obligatory on the board to pay such salary, unless a majority of said board shall vote in favor of such payment. And for all duties arising under or growing out of the ordinances of the city (other than critninal cases) such compensation shall be allowed as from time to time may be established by the common council. The
taxable costs in any criminal or civil proceeding before the police justice, shall be the same as are now, or may hereafier be taxed by law in justices couris. And the police justice shall semi an)- Police justice
to render acnually render an account of all the justice fees collected by him count. in any criminal case and pay the same over to the treasurer of the county of Milwaukee, for the use of said county. The police justice shall also semi annually render an account of all justice fees collected by him in any civil case in which the city is a party, and pay the same over to the treasurer of the city of Milwaukee for the use and benefit of said city.
How to reSec, 19. The justices of the peace may at any time be re.
move justices moved from office by the common council on the complaint of any of the peace. elector preferring charges of malconduct or incompetency, a copy of which complaint shall be served on the officer complained of, at least six days before the time set for the hearing. At the time appointed for the hearing thereof, said officer shall be heard by himself or counsel before the board of coocmon council,, who shall, after a fair investigation of the complaint and defence, vote for or against sustaining the complaint by ayes and noes; and if two-thirds of the votes thus given are in favor of sustaining the complaint, such justice shall thereupon be dismissed from of fice.
Sec. 20. In case of the temporary absence or sickness of How vacancy other inability of the police justice, the common council may des. in office of poignate any other justice of the peace to act for the time being as supplied. police justice: and the justice so acting, shall be entitled to receive for his services, so much out of the salary of the police justice as the common council shall deem proportionate and just. SEC. 21. The common council shall have power to appoint, Powers of
common counand at their pleasure to remove, by a vote of a majority of the cil to appoint board present and acting, the following officers and such others officers. as may be deemed necessary to carry out the powers conferred by this act on said municipal Corporation, viz: One treasurer, whose duty it shall be to receive and account for all moneys paid into the treasury, keeping an accont for all receipts and disbursements made on account of each ward separately; collect all taxes, make all payments and in all respects perform all duties pertaining to his said office, in such manner as may be prescribed by ordinance or directed by resolution of said common council. A clerk, to