« PreviousContinue »
Police justice soon thereafter as may be, and afterwards whenever a vacancy shall to be designa-, ted,
happen, shall designate one of the justices elected within the city, to be a "police justice," who shall continue to be such po. lice 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. ustice. 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; but warrants 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, Forsi, 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 toʻsue 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 3.
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 coromon council, shall be prima facia evidence of the passage and publication of such ordio
ance. s jis, Sec. 18. The supervisors of the county of Milwaukee shall Salary or 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 hundred 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: Provi.
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 criminal 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 hereafter be taxed by law in justices courts. 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
ce may at any we be remove 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 ihe hearing. At the time appointed for the hearing thereof, said officer shall be heard by himself or counsel before the board of common 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 or low vacancy Other inability of the police justice, the common council may des. in office of po
lice justice ignate 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 jus. tice 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 an 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
record the proceedings of the board. One assessor in each ward, One chief engineer of the fire departn.ent, and as many assistant engineers as the common council inay from time to time deem expedient. One attorney. One sealer of weights and measures. One or more surveyors, and so many measurers of fuel, grain, lime and other marketable articles, weighers of hay, pound masters, sextons or keepers of burial grounds, inspectors of streets, flour and provisions, and harbor masters as the common council may from time to time deem expedient; and prescribe their compensation and duties and to impose and enforce rin law such penalties as to said council may seem expedient and proper for any malfeasance or improper conduct of any of said officers and to require bonds for the faithful performance of the duties of such of them as may be deemed necessary and proper by said cuyncil.
Sec. 22. The common council shall have authority to pre(Common council em. serve order and propriety in its proceedings, and to punish in a powered to summary manner by fine and imprisonment, all disorderly, disrepreserye orper.
spectful or contumacious conduci in its presence, and also to com: pel by pecuniary penalties the attendance of its members and officers, and all monies received under the provivions of this section
may be used by the common council as it may deem proper. Nomember of Sec.23, No member of the common council shall be a party
be to, or interested in any contract or job with the city; and any coninterested in tract in which any member of the common council inay be so in. contract with
h terested notwithstanding this prohibition shall be null and void
and of no force against said city as a party thereto. : Power of SEC. 24. The cominon council shall have power to enact, es· council to en- tablish, publish, enforce, alter, modify, amend or repeal all such act, &c. ordi- ordinances, rules and ay-laws for the government and good order panccs, &c.
of the city, for the suppression of vice, for the prevention of fires and for the benefit of the trade, commerce and health thereof as they shall deem expedient, declaring and imposing penalties, and to enforce the same against any person or persons who may violate any of the provisions of such ordinances, rules or by-laws,
and such ordinances, rules and by.laws are hereby declared to be Proviso.
and have the force of law: Provided, that they be not repug. pant to the constitution and laws of the United States or of this
Territory, and for those purposes shall have authority by ordi- Powers of city nance or by-laws:
corporation, I. To establish rates for and license and regulate taverns, groceries and victualling houses, and all persons retailing or dealing in spiritous, vinous ar fermented liquors, and to license and regulate the exhibitions of common showmen or shows of any kind, or the exhibition of any natural or artificial curiosities, caravans, circusses or theatrical performances, and to provide for the abatement or removal of all nuisances, under the ordinances or at common law.
II. To restrain and prohibit all descriptions of gaming and fraudulent devices and practices, and all playing of cards, dice, or other games of chance for the purpose of gaming in said city.
III. To prevent any riots, noise, disturbance or disorderly'assemblages, suppress and restrain disorderly houses or grorceies, houses of ill fame, billiard tables, nine or ien pin alleys or tables, shows and exhibitions, and to authorize the destruction of all in struments used for the purpose of gaming.
IV. To compel the owner or occupant of any grocery, cellar, tallow chandler shop, soap factory, tannery, stable, barn, privy, sewer or other unwholesome, nauseous house or place, to cleanse, remove or abate the same from time to time as often as it may be deemed necessary for the health, comfort and convenience of the inhabitants of said city.
V. To direct the location and management of all slaughter houses and markets, 10 establish rates foi and license venders of gunpowder and regulate the storage, keeping and conveying of gunpowder or other combustible materials.
vi. To prevent the encumbering of the streets, side walks, lanes or alleys with carriages, carts, wagons, sleighs, sleds, boxes, lumber, fire wood or any other materials or substances whatever.
VII. To prevent horse racing, immoderate riding or driving in the streets and regulate the places of bathing and swimming in the waters within the limits of said city.
VIII. To restrain the running at large of cattle, swine, sheep, poultry and geese and to authorize the distraining and sale of the same.
IX. To prevent the running at large of dogs, and to authorize the destruction of the same in a summary manner when at large contrary to the ordinance,
X. To prevent any person from bringing, depositing or having within said city any putrid carcass, or any unwholesome substance, and to require the removal of the same by any person who shall have upon his premises any such substance or any putrid or unsound beef, pork, fish, hides or skins of any kind; and on default, to authorize the removal thereof by some competent officer at the expense of such person or persons.
XI. To make and establish public pounds, pumps, wells, cisterns and reservoirs, and to provide for the erection of water works for the supply of water to the inhabitants of said city or any ward therein, to erect lamps, and regulate, and license hacks, cabs, drays, carts and the charges of hackmen, cabmen, draymen and cartmen within the city.
XII. To establish and regulate boards of health, provide hospitals and cemetery grounds, regulate the burial of the dead and the return of the bills of mortality, and to exempt burying grounds and grounds set apart for the public use from taxation.
XIII. To regulate the procuring of fire buckets and the purchase of fire engines, and to preserve said city from injuries by fire and to prescribe and regulate the materials of which houses may be built within the fire limits, and the manner of erecting and securing chimneys, and to provide for removing chimneys which may be deemed dangerous and to require and provide for the building of new chimneys where deemed necessary at the expense of the owners or occupants of buildings when the same may be required. ". XIV. To regulate the assize and weight of bread, and to provide for the seizure and forfeiture of bread baked contrary thereto.
XV. To establish fire limits,
XVI. To regulate the building of wharves, bridges, millraces and canals, and provide for the security and protection of the same.
XVII. To prevent all persons riding or driving any horse, ox, mule, catile, or other animal on the side walks in said cily, or in any way doing any damage to such side walks.
XVIII, To prevent the shooting of firearms or crackers and to prevent the exhibition of any fireworks in any situation which may be considered by the council dangerous to the city or any properiy therein, or annoying to any citizen thereof..-15;