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the town of

as now organized, shall transfer all the books, papers and moneys Books, &c. of which may be in their hands, to the clerk and treasurer who may Milwaukee to be appointed agreeably to this act, and all the acts, ordinances, be transferred. rules or by-laws of said town of Milwaukie, which are or may be

in force at the time when this act shall take effect, shall be unimpaired and remain in force until repealed by the common council.

SEC. 57. The council shall have power to authorize the for- Fire compa. mation of fire engine, hook and ladder and hose companies, pro- formed and nies may be vide for the due and proper regulation of the same, and to dis- regulated. band such companies at any time, and prohibit their meeting as such, when so disbanded; each company not to exceed forty able bodied men, between the age of eighteen and fifty years, which companies shall be officered and governed by their own by-laws: Provided, such by-laws be not inconsistent with the laws of this Territory, or with the ordinances and regulations of the city, and shall be formed only by voluntary enlistments. Every member of each company shall be exempt from highway work and militia duty; and whenever a member of each company shall have served therein seven years, he shall receive a discharge signed by the inayor, and shall thereafter be exempt from militia duty, except in case of insurrection or invasion. Every member of a volunteer military company shall be exempt from highway duty, and whenever a member shall have served in such military company seven years, shall be entitled to a discharge signed by the mayor, and be exempt from military duty, except in cases of insurrection or invasion, if not in confliction with any existing law.

SEC. 58. That the corporation of the city of Milwaukie shall Penalties for injury to have power to pass ordinances imposing penalties against the bridges. owners and masters of vessels, or the vessels themselves, for any wilful or malicious injuries done by their vessel or vessels to any of the bridges, and to enforce the same in an action of debt and

by imprisonment, as in the case of other ordinances.

SEC. 59. That for every wilful or malicious injury done to Penalties how any bridges, authorized by the act of the Legislature at the ses- collected,

sion of 1844 and 1845, or that may hereafter be adopted by the mutual assent of the wards in said city, by any vessel or craft navigating the Milwaukie river, said vessel or craft shall be liable in an action. by warrant, in the name of the city of Milwaukie for

Powers reserved by the legislature.

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Concerning public build

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all such damage and injury, to be enforced according to the provisions of an act to provide for the collection of demands against boats and vessels," in the Revised Statutes.

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SEC. 60. This act may be altered, amended or repealed by the Legislature, and the act entitled an act to change the corporate limits and powers of Milwaukie, and all acts amendatory thereof, are hereby repealed. Such repeal to take effect at the time when this act becomes operative: Provided, That all rights and remedies incurred or accruing under any of said acts or under any ordinance passed agreeably thereto, shall remain and be in favor of or against said city, in the same manner as the same would have been for or against said town, if this act had not been passed. SEC. 61. The following property, now, or at any time hereaf ter belonging to the city of Milwaukie, or either of the wards thereof, shall be exempt from levy or sale under any execution, viz: All engine houses, hook and ladder houses, together with the grounds or lots, on which they are situated, and all fire engines, carriages, hooks, ladders, buckets, hoze or any other fire apparatus used by any company created or authorized by the common council of said city: Provided, That nothing herein contained shall exempt any of the aforesaid property from levy and sale on any execution forfeited en judgment rendered in favor of any person or persons who may have furnished any such fire apparatus on the credit of the city of Milwaukee, or either of the wards thereof."

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SEC. 62. The city of Milwaukie, or either of the wards thereof, shall have power to lease, purchase and hold real or personal estate, sufficient for the convenience of the inhabitants of said city, in the erection of market houses and other public buildings, and for other purposes, and may sell and convey the same at pleasure.

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SEC. 63. This act shall be a public act, and shall be construed favorably in all courts and places, and shall take effect and be in force from and after its passage.

APPROVED January 31st, 1846.

AN ACT making appropriations out of the Territorial Treasury to pay certain debts therein named. BE IT ENACTED by the Council and House of Representatives of the Territory of Wisconsin:

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SECTION 1. That there shall be appropriated and paid out of any monies in the Territorial Treasury the following sums for the purposes herein named, to wit;

To Le Grand Rock well, thirty-four dollars and sixty-three cents for clerk's fees, for making returns to writ of error from supreme court in case of the Territory against J. D. Doty and others, from Walworth district court.

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To W. W. Kellogg, fifteen dollars for taking testimony in suits of the Territory vs. Doty, Morrison and others, and for furnishing stationery for seventy-five folio, and for constables fees paid Mr. Hill.

To La Fayette Kellogg, five dollars and ninety-one cents for clerk's fees in supreme court in July term, 1844, in suit of Territory vs. Doty, O'Neill and Bird.

To S. S. Conover, two dollars and forty-four cents for constable fees, in November, 1844, in suit of Territory vs. Doty, Bird and O'Neill.

To Morgan L. Martin, ten dollars for three days' attendance in procuring testimony in suit of Territory vs. Doty and others, To Daniel Baxter, thirteen dollars and seventy-five cents for interest on two territorial bonds issued to W. T. Sterling, for twenty-five dollars each, dated March 16th, 1841, and one bond issued to David Hyer for five dollars, dated Feb. 19th, 1841, the same having been surrendered to A. P. Field in September, 1843,

To George Bennett, fifty dollars and ninety-six cents for in terest on two territorial bonds, issued 19th February, 1841; one for one hundred and ninety-five dollars, and surrendered 19th July, 1842, and the other issued to Wm. Bullen for one hundred dollars and surrendered June 14th, 1843.

To Alonzo Raymond, fourteen dollars and thirty-nine cents

for subpoena served on Jas. D. Doty as a witness in territorial suits and returning the same to district court, Iowa county, and serving writ of attachment on the body of James D. Doty, and conveying said Doty to Mineral Point, in April, 1845.

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To C. S. Wright, three dollars, for publishing in the Wisconşin Ægis an act to ascertain the indebtedness of the Territory," approved January 31st, 1844.

That the sum of sixty one dollars and thirty-five cents be, and the same is hereby allowed to Augustus A. Bird for sheriff's fees in the suits of the Territory versus Doty and others: Provided the said appropriation to Augustus A. Bird shall not be paid un. til an account of the items of the services rendered with the dates shall have been filed with the Auditor of the Territory, and an affidavit stating that no part of the said account has been paid and that the same was rendered on the part of the Territory.

To A. J. Hewitt, forty-two dollars and twenty-five cents, for his services and expenses to Fond du Lac county to serve a writ of attackment on the body of James D. Doty, and conveying the. said Doty to Mineral Point by order of the court,

To Richard Hardell the sum of fifty-eight dollars for travel and attendance as a witness in the suits of the Territory of Wisconsin against James D. Doty and others during the years 1842, 1843 and 1844: Provided, that before the Auditor of the Territory shall be authorized to issue any warrant for the payment of the above named interest or any portion thereof, he shall be satisfied from an examination of the records of the Secretary's and, Treasurer's office, that the interest has not before been paid, and shall also require the applicant to file in his office his affidavit that the interest has not before been paid, or any part thereof. APPROVED February 3rd, 1846.

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AN ACT repealing an act which vacated an alley in Southport.

BE IT ENACTED by the Council and House of Representatives of the Territory of Wisconsin:

SECTION 1. That an act entitled "an act relating to an alley in the village of Southport," approved February 24, 1845; be and the same is hereby repealed; and that so much of an alley as lies east of lot number sixteen, in block number ninety-two, in the north ward of said village of Southport, is hereby declared to be a public highway, in the same manner and to the same effect that the same was before the passage of the act hereby repealed. APPROVED February 2, 1846.

AN ACT to provide for the payment of the account of J. Gillett Knapp against the Territory.

SECTION 1. There shall be allowed and paid to J. Gillet Knapp out of the territorial treasury; one hundred dollars for services rendered in suit of the Territory vs. J. D. Doty and others, at the July term in the Supreme Court in 1844, and for services in attending District Court in Iowa county, to prepare new declaration in cause, by order of court, which sum shall be in full for all services rendered to the Territory to this date. APPROVED February 2, 1846.

No enacting clause accompanies the above.

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