thereafter, the electors at their respective ward elections, shall vote for one mayor of the city, three aldermen, one constable, and every second year, for one justice of the peace.

QUALIFICATION.

SEC. 6. All white male citizens who are duly qualified to vote for county and territorial officers, and have resided in said city one year, and in the ward where he may offer his vote three months* next preceding such election, and all white male aliens who shall have legally declared their intentions to become citizens, of the age of twenty-one years, and who shall have resided in the said city one year, and in the ward where they propose to vote, three months next previous to the election, and shall have been assessed and paid a tax upon real or personal property in said city within one year, or shall within the same time have been assessed for highway work in said city, and shall have actually performed the same, or inay have been a member of a fire company in said city, and have done duty therein for at least six months next preceding such election, shall be electors of said eity, and be entitled to vote for any of the elective officers therein.f

CHALLENGES.

SEC. 7. Whenever any person shall present himself to give his vote, and either of the inspectors shall suspect that such person does not posses the qualifications of an elector, or if his vote shall be challenged by an elector, the inspectors of the election, before receiving the vote of any such person, shall require such person to take an oath that he possesses

*Now ten days.-[See amendatory law of 1849, Sec. 5.

So Much of this section as requires the payment of any tax or membership in a fire company as a qualification for an elector, was repealed by the act of Feb. 4, 1847, Sec. 5; but this section 5 was repealed by the act of 1849.-[Sections 5 and 13.

the qualifications prescribed in the preceding section, and that he has not voted at such election. If the person offer. ing to vote shall take such oath, his vote shall be received, unless it shall be proved by evidence satisfactory to a majority of the inspectors, that he does not possess the qualifications of a voter, in which case his vote shall be rejected. And if any person shall take such oath knowing it to be false, he shall be deemed guilty of wilful and corrupt perjury, and on conviction thereof shall suffer such punishment as is now, 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 duly 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 fifty 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 the names of all persons whose votes may be challenged as aforesaid, 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 inspector shall be liable to indictment, and on conviction thereof shall severally forfeit and pay for the use of the city a sum not exceeding five hundred dollars, nor less than one hundred dollars.

ELECTION.

SEC. 8. The person receiving a plurality of all the votes cast in all the wards, for mayor, shall be the mayor; and those three persons in each ward who may receive the highest number of votes at the first election for aldermen in their respective wards, shall be the aldermen for the wards so electing; and that person in each ward 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 constable in the ward so electing; and at all subsequent elections, the person 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; and the mayor also may administer such oath to any and all officers of or within the city. All subsequent elections shall be determined on by the mayor and common council; and the new mayor in every 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 under the direction of the mayor and common council.

COUNCIL.

SEC. 9. The municipal authority of the said city shall be vested in a common council, which shall consist of the mayor and aldermen as herein after 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 therein. The representation in the common council shall be as follows, viz: Each ward shall be represented by three aldermen; and each of the said aldermen from the several wards aforesaid, shall be entitled to one vote 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.

MAYOR.

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 conmon council, 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 acknowledgements 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 he may deem proper.

POLICE.

SEC. 11. The mayor or acting mayor, each and every alderman, justice of the peace, marshal, deputy marshal, constable, and watchman, shall be officers of the peace, and may command the peace and suppress in a summary manner, all rioting and disorderly behavior in a manner consistent with the ordinances of said city, within the limits thereof, and for such purposes may command the assistance of all bystanders, and if need be, of all citizens and military companies; and if any person, bystander, 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 of the common council, in such case provided. And in all cases

*The power to appoint a marshal was repealed Feb. 4, 1847, but restored in 1849.

where the civil power may be required to suppress riotous or disorderly behavior, the superior or senior officer present, in the order mentioned in this section, shall direct the proceedings.

ACTING MAYOR.

SEC. 12. In case of a vacancy in the office of mayor, or of his being unable to perform the duties of his office, by reason of temporary or continued absence or sickness, the common council 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 and perform all the duties of mayor, until the mayor shall resume his office, or the vacancy be filled by a new election.

TENURE OF OFFICE.

SEC. 13. The tenure of office shall be as follows: The mayor shall hold his office one year, and until his succecsor shall be elected and duly qualified! The aldermen elected in the several wards, shall hold their offices for the term of one year, and until their successors shall be elected and duly qualified. The justices 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 office, the same may be filled by special election to be held at such time and place as may be designated by the mayor and council; and the person so elected shall fill the vacancy during the remainder of the term for which his predecessor was elected.

*The council now elect a president.-[See laws of 1849.