said village, and every certificate of redemption or tax deed made out and executed by the said city treasurer, shall have the same force and legal effect as if this act had not been passed, and such certificate or deed been made out and executed by said village treasurer. And the treasurer of the city of Madison is hereby authorized, in making any deed for lots or land heretofore sold by the treasurer of the village of Madison for the payment of taxes in said village, to make the same in the name of the city of Madison, and every deed so made and executed by the city treasurer, shall be received in all courts of this state as prima facie evidence that all the proceedings relating to or affecting the tax for which such lot or lands were sold, from the assessment to the making of such deed, inclusive, were regular, correct and performed according to law; and no other act shall be required of such city treasurer in relation to lots so sold, except the making and acknowledging such deed as aforesaid, except issuing certificates of redemption for such lots as may be redeemed.

city to recover

a

SECTION 17. No suit or proceeding shall be com- No suit against menced or prosecuted to recover title or possession of title shall be any lot, piece or parcel of lands situated within the stated amount limits of the city of Madison, held or claimed by virtue is deposited. of any deed purporting upon its face to be executed on account of any sale for taxes or assessment, levied after the passage of this act, until the person commencing such proceeding shall have deposited with the court in which such proceeding is or shall be commenced, for the use of the holder or claimant under such deed, an amount of money equal to the amount of taxes, costs and charges paid in procuring such deed, and all subsequent taxes, costs and charges upon the lot or lands described in such deed, and paid by such holder or claimant, together with twenty-five per cent. interest thereon from the time of such payment to the commencement of such suit or proceeding; and in the event that such deed shall be defeated or impeached on the trial of such cause, the money so deposited shall be awarded to the holder or claimant un ler such deed, except in the cases where the taxes were paid before sale, or the lands redeemed according to law. In the trial of every such cause on the part of the defendant, such deed shall first be read in evidence to the jury,

Use of jail granted to city.

Real estate of in

dividuals not li

city.

and shall be evidence in such suit or proceeding to the extent specified and provided in section 127 of chapter 18 of the revised statutes of 1858.

SECTION 18. The use of the jail of Dane county, until otherwise provided, shall be granted to said city for the confinement of offenders, and every such of fender shall be delivered to the sheriff of said county, for whose custody, safe-keeping and delivery the said sheriff shall be responsible, as in other cases, but said county shall not incur or pay any liability or expense on account of any person committed to said jail for a violation of any ordinance, by-law, rule or regulation of said city, but such expenses shall be paid by the city.

SECTION 19. No real or personal property of any able for debts of inhabitant of said city, or any individual or corporation, shall be levied upon or sold by virtue of any execution issued to satisfy or collect any debt, obligation or contract of said city.

Judgments against city.

Issue and tale of bonds.

SECTION 20. When a judgment shall be recovered against said city or any ward thereof, or against an officer of said city or of any ward thereof, in any action prosecuted by or against him, in his name of office, where the same should be paid by the city or any ward thereof, no execution shall be issued or awarded upon such judgment except as hereinafter provided, but the same, unless reversed, shall be levied and collected as other city or ward charges, and when so collected, shall be paid by the city treasurer to the person to whom the same shall be adjudged, upon the delivery of a proper voucher therefor; but if payment thereof be not made within sixty days after the city treasurer is required to make his return of city or ward taxes, next after the rendition of such judgment, execution may be issued thereon, upon the order of the court authorized to issue such execution, on special application therefor.

SECTION 21. The mayor and common council of the city of Madison shall have no power hereafter to issue, sell or dispose of any city bonds of said city whatever, except such as are specially authorized by the act entitled " an act to authorize the city of Madison to compromise its bonded indebtedness," approved February 18, 1864, and incorporated into this act as chapter ten hereof.

council not to

office.

SECTION 22. No member of the common council Members of shall be elected or appointed to any office, agency or hold any city place of public trust or profit by the council, (except as provided by section 26 of this chapter.) Neither sale of orders. shall the common council sell or authorize the sale of any city order or certificate of indebtedness for the purpose of raising money or the payment of any debt, for less than the amount expressed upon the face thereof. SECTION 23. The mayor shall have power to grant Pardens. pardons or commutations after conviction, for all offenses against the ordinances of the city, upon such conditions and with such restrictions as he may deem proper. He shall communicate any such action to the council at its next meeting, with the reasons therefor. All fines imposed by the police court of the city of Fines. Madison for violation of this act or ordinances, by-laws or regulations made in pursuance thereof, shall be paid by the officer collecting the same into the city treasury, and a separate account made thereof; and in the months of March and September, in each year, the city clerk shall report to the council the amount so received during the preceding six months, and also the expenses attending such prosecutions in the city during the same period.

constables.

SECTION 24. The common council shall have power, Expulsion of and it shall be their duty, to expel from office any ward constable for misconduct or neglect in the discharge of his official duties, or for refusing or neglecting to perform such acts as are required of him by law.

SECTION 25. The mayor shall annually nominate, City attorney. and by and with the advice and consent of the common council, shall appoint an attorney to attend to such legal business of the city as shall be required of him by the council and mayor; but such attorney shall not receive more than three hundred dollars per year for such services, to be paid in the month of March, in each year, upon an itemized bill rendered.

tion.

SECTION 26. The mayor ex officio, and one alder- Board of educa man, to be elected by the council viva voce, shall be members of the board of education of the city of Madison. They shall hold till their official term as mayor and alderman, respectively, shall expire, and shall have the same rights and privileges as other members of the board. The board of education shall annually, on the first day of September, and oftener if

No salaries.

Licenses not transferable.

Public act.

Repeal.

required, report in writing to the common council a full and detailed statement of the financial affairs and transactions of the board for the year preceding, and of its wants and requirements for the ensuing year. The common council shall have power to levy a special tax to pay all outstanding valid claims against the board of education, or such part thereof as they may deem proper; and the money arising from such tax shall be applied to no other purpose whatever. Money shall be paid from the treasury of the board, on future appropriations, only upon certificate of its president and clerk, and no order on the treasury nor other evidence of debt shall hereafter be issued upon the allowance of claims.

SECTION 27. No compensation or salary shall be paid out of the city treasury to the mayor or any alder. man of said city for his services, except as provided in section 12 of this chapter.

SECTION 28. The common council shall never permit the transfer of any license from one person to another, unless the person to whom the same is transferred is to and shall pursue the business licensed, upon the same premises where the business was conducted by the party to whom the license was originally granted; and the person or persons to whom any license is transferred, shall not thereby by authorized to conduct or engage in the business licensed at any other place. SECTION 29. This act shall be considered a public act, and shall be construed favorably in all courts and places.

SECTION 30. An act entitled "an act to incorporate the city of Madison," approved March 4th, 1856, and all acts amendatory thereof, and all acts relating to the corporation of the city of Madison not retained in this act, are hereby repealed.

Approved March 23, 1865.

CHAPTER 198.

[Published May 6, 1865.]

AN ACT to extend the time for the collection of taxes in the town of Burke, Dane county.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

March 98.

SECTION 1. The time for the collection of all town, Extended to county, state and bounty taxes, levied upon the tax roll for the year 1864, in the town of Burke, Dane county, is hereby extended until the twenty-eighth day of March, 1865, and the treasurer of said town shall have the same authority to enforce the collection of such taxes in said town, as is now conferred by law upon town treasurers for such purposes, within the time prescribed by their warrants, up to and including the said twentyeighth day of March: provided, that nothing in this act shall be construed to extend the time for the payment to the county treasurer of the state tax due from said

town.

SECTION 2. This act shall take effect and be in force. from and after its passage and publication. Approved March 24, 1865.

CHAPTER 199.

[Published May 8, 1865.]

AN ACT to authorize the City bank of Prescott to reduce its capital stock.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1. The City bank of Prescott is hereby Capital may be permitted to reduce its capital stock to a sum not less reduced. than twenty-five thousand dollars, upon filing with the bank comptroller a certificate from the secretary of state, that said bank has complied with the requirements of subdivision thirteen of an act to amend chapter four hundred and seventy-nine of the general laws of Wis