GENERAL CHARTER LAW 
 
 OF wiscoisrsxisr, 
 
 Organization and Government of Cities 
 Under General Law 
 
 Chapter 40a of the Statutes as amended by the laws of 
 1899, 1901, 1903, 1905, 1907 and 1909. 
 
 COMPILED TJNDEK DIRECTION OF 
 
 J. A. FREAK 
 
 Secretary of State 
 
 MADISON, WIS. 
 
 DEMOCRAT FEINTING Co., STATE PRINTER 
 1910 
 

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General Charter Law 
 
 Chapter 1. Division into Classes. 
 
 925 1. 
 
 Four classes. SECTION 925 1. For the exercise of the cor- 
 porate powers herein mentioned the cities of this state now ex- 
 isting or that may be created under the provisions of this chap- 
 ter shall be divided into classes as follows: Cities containing 
 a population of one hundred and fifty thousand or over shall 
 constitute the first class; cities containing a population of forty 
 thousand or over and under one hundred and fifty thousand, 
 the second class; cities containing ten thousand or over and 
 under forty thousand, the third class ; cities containing less than 
 ten thousand, the fourth class, The population, as affecting 
 the class to which any city shall belong, shall be determined by 
 the last national or state census, unless a census is taken under 
 the direction of the trustees of a village seeking to be incorpor- 
 ated as a city under the provisions of this chapter, or under the 
 direction of the board of a town which contains an unincorpor- 
 ated village which, alone or in connection with adjacent terri- 
 tory, seeks to become so incorporated, or of the common coun- 
 cil of any city now incorporated seeking to adopt such pro- 
 visions for its government. Any city incorporated hereunder 
 shall pass from one class to another when it has sufficient pop- 
 ulation and its common council shall by ordinance or resolu- 
 tion make publication thereof and make proper provisions for 
 such change in the city government. Cities under special 
 charters shall be divided into like classes, determined in the 
 same manner. 
 
 925 la. 
 
 Apportionment of joint debts with town. SECTION 925 
 la. Whenever the common council of any city incorporated un- 
 der a special charter shall adopt this chapter for its government 
 
 M19435 
 
4 GKXKRAL 'C'l'lA^TER LAW OF WISCONSIN. 
 
 and a. patent shall be issued theieto as hereinafter provided, 
 and such city shall have been previously jointly indebted with 
 the town in which it was situated, its liability for its proportion- 
 ate share of such indebtedness shall continue as if such incor- 
 poration under this chapter had not been made. The liability 
 of such city for such share of its indebtedness may be adjusted 
 by the method herein pi-escribed, vv/,.: the common council 
 may, by an ordinance or resolution, elect to have the share 
 of the indebtedness of the city ascertained; notice of the pa>s- 
 age of such ordinance or resolution shall be given by the mayor 
 to the chairman of the board of the town jointly indebted 
 with such city, and if commissioners of such indebtedness havo 
 been created such notice shall also be given them; said town 
 board, commissioners, if any, and common council shall meet 
 at a time and place to be designated in such notice and pro- 
 ceed to apportion the amount, of such indebtedness which said 
 city and town shall bear. Such apportionment shall be based 
 upon the equalized value of the taxable property in the city 
 and town according to the last equalization thereof made by 
 the county board. A certificate of such apportionment shall 
 be executed by the mayor and the chairman of the town board 
 and filed in the office of the county cler^, and be the basis 
 upon which taxes to pay such indebtedness shall thereafter be 
 levied. Duplicates of such certificates shall be filed with the 
 city and town clerk for that purpose. Thereafter such city and 
 town shall each be liable for the portion of such indebtedness 
 so fixed and shall provide for the payment thereof according to 
 the terms of the instrument evidencing it, or otherwise accord- 
 ing to the nature of the obligation. In like manner such town 
 and city may divide property owned by them jointly, but until 
 a division is made such property may be jointly held and used. 
 
 Chapter II. Adoption of this Chapter by Existing Cities. 
 
 925 2, 
 
 Application oi act. SECTION" 5)25 2. No city now nicoi por- 
 ated shall be affected by the provisions of this chapter unless 
 such city has adopted or shall adopt the same or some 1 part 
 thereof f r its government in the manner hereinafter provided. 
 
 925 3. 
 
 Effect of adoption. SECTION f>25 8. When the common 
 council of any city now incorporated, by a three-fourths vote 
 
GENERAL CHARTER LAW OF WISCONSIN, 5 
 
 of all the members thereof, .shall have adopted this chapter for 
 its government and a, patent shall have been issued as herein- 
 after provided, such city shall cease to exist as a. corporation 
 under its charter and the laws creating* such corporation or 
 adopted for its government, and shall constitute a municipal 
 corporation under this chapter and be governed by its pro- 
 visions. 
 
 925 3m. (Ch. 230, 1907.) 
 
 Cities: change from special to general charter initia- 
 tive. SECTION 925 3m. Whenever a petition, signed by not 
 less than ten per cent, of the electors of any city operating 
 under a special charter, shall be -presented to the common coun- 
 cil of such city, asking that the question of the adoption by such 
 city of chapter 4()a, statutes of 1898 and the amendments 
 thereto, <.r some part thereof, be submitted to a vote of the elec- 
 tors of such city, the common council of such city, at its next 
 regular meeting after tin 1 filing of such petition with the clerk 
 of such city, shall provide, by resolution, that the question of 
 the adoption of said chapter 40a and the amendments thereto, 
 or .some part thereof, be submitted to a vote of the electors of 
 such city, and shall determine a day not less than thirty nor 
 more than sixty days after the passage of such resolution upon 
 which day such election shall be held. 
 
 925 3n. (Ch. 230, 1907.) 
 
 Adoption: election; notices; publication; ballot. SECTION 
 925 3n. Notice of election on the proposition of adopting 
 chapter 40a, statutes of 1898 and the amendments thereto, or 
 some part thereof, shall be given by publication of a copy of 
 such resolution in some newspaper published within such city, 
 once each week for four successive weeks, immediately preced- 
 ing the day of holding such election. Such election shall be con- 
 ducted in the general manner in which elections for city offi- 
 cers are conducted and canvassed in such city ; and the form of 
 the ballot shall be " for the adoption of chapter 40a" and 
 " against the adoption of chapter 40a." When said petition 
 shall be for only part of chapter 40a, the ballot shall con- 
 tain "for the adoption (naming part) " and "against the adop- 
 tion (naming part)." 
 
 925 3o. (Ch. 230, 1907; in effect June 20, 1907.) 
 
 Patent. SECTION 925 3o. If the majority of the votes 
 cast at such election are in favor of the adoption of chapter 40a 
 
6 GENERAL CHARTER LAW OP WISCONSIN. 
 
 or some part thereof, the city clerk shall certify that fact to the 
 secretary of state and thereupon a patent shall be issued as pro- 
 vided in section 925 5, the last state or United States census 
 being taken as the basis upon which to determine the classifica- 
 tion of such city. 
 
 925 4. 
 
 Ordinance; publication; final action; census. SECTION 
 925 4. Whenever an ordinance is offered for the purpose of 
 adopting this chapter in place of an existing charter such ordi- 
 nance shall lie over at least thirty days before final action shall 
 be taken thereon, in the meantime it shall be published at least 
 once in the official paper of the city, if there be one, otherwise 
 in some newspaper to be designated by the council, together with 
 a notice of the time when said proposed ordinance will be con- 
 sidered. Such ordinance shall provide for a census to be 
 taken, unless it is proposed to have the city classified accord- 
 ing to the last census taken under the laws of the United 
 States or of this state. Such census shall be taken as nearly 
 as practicable as provided by law for taking the census in 
 case of the incorporation of villages. Final action on such or- 
 dinance shall not be taken except at a regular meeting of the 
 council; and in case such ordinance is defeated it shall not be 
 lawful for said council to consider an ordinance for the same 
 purpo-e for the space <>i cue year thereafter. 
 
 926a. (Oh. 165, 1899.) 
 
 Action to determine validity of proceedings. SECTION 
 1, ch. 165, laws of 1899. In any case, whether occurring here- 
 tofore or hereafter, where the common council of any city in- 
 corporate by special act shall have undertaken and assumed to 
 adopt in whole or in part the provisions of the general city 
 charter law of this state, and such city and its officers shall 
 have assumed thereafter in good faith to act under, and to ex- 
 ercise the powers conferred by, the provisions of law so as- 
 sumed to he adopted, any question of the validity of such as- 
 sumed adoption and of the ordinance and proceedings therefor 
 may be tested by certiorari or by any ether proper action or 
 proceedings brought directly for the purpose of vacating or set- 
 ting aside the same at any time within three months after such 
 assumed adoption, but not thereafter; provided, that, as to all 
 such cases c-ccurring prior to the taking effect of this act, such 
 direct action or proceeding may be commenced within 'three 
 months after the passage and publication of this act. but not 
 
GENERAL CHARTER LAW OF. WISCONSIN. 7 
 
 thereafter. No such assumed adoption nor any ordinance or 
 proceeding for such adoption of the whole or any part of such 
 general city charter law shall be in any manner called in ques- 
 tion or held to be invalid in any action or proceeding except 
 one brought directly for that purpose within the time herein- 
 before limited therefor, unless the same shall have been duly 
 vacated or set aside by a court of competent jurisdiction. The 
 provisions of this act shall in no manner affect pending actions. 
 
 925 5. 
 
 Governor to issue patent. SECTION 925 5. If said ordi- 
 nance be adopted the result shall be certified under the cor- 
 porate seal of the city to the secretary of state, together with 
 a copy of all the proceedings relating thereto and the result of 
 the census taken for the purpose of determining the classifica- 
 tion of said city ; thereupon the governor shall issue letters 
 patent under the great seal, reciting the facts, defining the 
 boundaries of the city and constituting the same a body cor- 
 porate and politic by the name of the city of - (specifying 
 the name of such city) and declaring that the same shall be 
 governed by the provisions of this chapter applicable to the 
 cities of the - - class (specifying the class) ; provided, that 
 nothing herein contained shall be construed to prevent any city 
 now incorporated and existing frcm adopting the provisions of 
 this chapter regardless of its present population. 
 
 925 6. (Ch. 101, 1907.) 
 
 Officers to continue after. SECTION 925 6. Whenever 
 this chapter shall be adopted by a city now incorporated the 
 officers of such city shall continue in office with all the powers 
 herein conferred until the expiration of the term for which 
 Ihfij !<<}< i'fxi><cfir( lij <l<cfL and until the first Tuesday of 
 May following such < ,r pint f ion, and until their successors are 
 qualified. 
 
 Chapter III. Incorporation of Cities Under These Pro- 
 visions. 
 
 925 7. 
 
 Population required. SECTION 925 7. Any district con- 
 taining a population of fifteen hundred or over and not here- 
 tofore incorporated as a, city may become incorporated under 
 this chapter in the manner hereinafter specified. 
 
GENERAL CHARTER LAW OF WISCONSIN, 
 
 925 8. 
 
 Petition by electors of village. SECTION 925 8. One 
 hundred or more electors and taxpayers of any village, incorpor- 
 ated or unincorporated, may apply by petition to the trustees 
 of such village or to the proper town board to have the ques- 
 tion of incorporating said village, or the same and adjacent 
 territory, containing together a population of not less than fif- 
 teen hundred, as a city, submitted to a vote of the electors of 
 the territory described in such petition ; provided, that in case 
 it is proposed to include. territory adjacent to such village the 
 consent in writing- of a majority of the electors residing there- 
 in, and the owners of at least one-third of the taxable property 
 in such territory according to the last assessment roll, shall be 
 presented with said petition. 
 
 925 9. 
 
 How question submitted. SECTION 925 9. At any regu- 
 lar meeting after the filing of said petition the trustees of such 
 village or the board of such town may, by resolution, provide 
 that the question of incorporating as a city in accordance with 
 such petition be submitted to a v tc of the electors residing 
 within the limits of said proposed city. Such resolution shall 
 determine the number and boundaries of wards into which the 
 city shall be divided, fix the time of voting on the proposition 
 for incorporation, which shall not be earlier than six weeks 
 from the adoption of such resolution, and where the electors 
 residing outside the limits of said village shall vote, and shall 
 also. provide for a census unless it is proposed to have the city 
 classified according to the last census taken under the laws of 
 the United States or of this state. Said census, if ordered, 
 shall be taken as provided by law for taking the census in case 
 of the incorporation of villages. 
 
 925 10. 
 
 Notice of election. SECTION 925 10. Notice of the election 
 on the proposition for incorporation shall be given by publica- 
 tion of a copy of such resolution in some newspaper published 
 in said village, if there be one, otherwise in some newspaper 
 designated in the resolution, once each week for four successive 
 weeks immediately preceding the date for holding such elec- 
 tion. 
 
 925 11. 
 
 Conduct of election. SECTION 925 11. The election shall 
 be conducted in the same manner as elections for village 
 
GENERAL CHARTER LAW OF WISCONSIN. 9 
 
 trustees, and the form of the ballot shall be "for a city char- 
 ter" or "against a, city charter." 
 
 925 12. 
 
 Returns ; patent. SECTION 925 12. The result of the elec- 
 tion as canvassed by the inspectors shall be returned to the 
 clerk of such village, if it be incorporated, otherwise to the 
 clerk of such town. If a majority of the votes are cast in 
 favor of the city charter said clerk shall certify the fact to the 
 secretary of state, together with the result of the census taken, 
 if any, and thereupon a patent shall be issued as provided in 
 section 925 5, which shall specify the number and boundaries 
 of the wards of such city. 
 
 925 13. 
 
 Powers; patent as evidence. SECTION 925 13. Any 
 patent issued under the provisions of this chapter shall be re- 
 corded in the office of the secretary of state in a book kept for 
 that purpose. Thereupon the city mentioned in such patent 
 shall be a body corporate and politic, with perpetual. succession, 
 possessing the powers and privileges of a municipal corporation 
 at common law, and the general powers conferred by these stat- 
 utes, so far as consistent with the provisions of this chapter, in 
 addition to those conferred by this chapter, and shall have au- 
 thority to contract and be contracted with, sue and be sued, 
 plead and be impleaded, purchase or otherwise acquire real 
 and personal^ property and dispose of the same as the welfare 
 and convenience of its inhabitants may require ; and shall have 
 a common seal and may alter the same at pleasure. Any pat- 
 ent so issued and recorded, the record thereof or a certified 
 copy of such n >rd shall be conclusive evidence in all courts 
 ami places of t hie incorporation of the city mentioned and 
 of all the facts t >in recited. 
 
 925 14. (Ch. 36, 1901.) 
 
 Ward boundaries, how changed. SECTION 92514, as 
 amended by ch. 36, laws of 1901. The number and boundaries 
 of the wards of any city organized under the provisions of this 
 chapter may be changed by ordinance adopted by a vote of at 
 least three-fourths of all the members of the common council, 
 provided, said ordinance must be introduced at a regular 
 meeting of the council in May and before final action is taken 
 thereon shall be published in the official paper of the city, if any, 
 otherwise in a newspaper designated by such ordinance, once 
 
10 GENERAL CHARTER LAW OF WISCONSIN. 
 
 in each, week for four successive weeks, and when the bound- 
 aries of any wards are fixed by any ordinance the number of 
 wards and boundaries thereof or of any of said wards shall not 
 be again changed for a period of twD years except by adding 
 thereto such territory as may at any time be added to the city 
 limits; provided further, that the territory of the wards shall 
 be contiguous and compact and that no ward having a popula- 
 tion of less than eight thousand shall be created in cities of the 
 first class, or less than fifteen hundred in cities of the second 
 class, or less than one thousand in cities of the third class, or 
 less than five hundred in cities of the fourth class. And pro- 
 vided further, that the common council of all cities of the first 
 class may, by a two-thirds vote of all its members, on or before 
 the first day of December, or as soon thereafter as is practi- 
 cable after each state or United States census is taken and the 
 result thereof as to its population is made known, redistrict, 
 readjust and change the boundaries of wards so that they shall 
 be as nearly equal in population as may be, and to that end 
 such council may create new wards and consolidate old ones, 
 but no ward shall be created having a population less than 
 eight thousand nor exceeding twenty thousand. In redistrict- 
 ing such cities the original numbers of the wards and their 
 geographical outlines shall as far as possible be retained and 
 the wards so created and those the boundaries of which are 
 changed shall be in as compact form as practicable. When- 
 ever the number of wards in any such city of the first class 
 shall be changed in the manner aforesaid, and a "new ward or 
 wards created, such Avard or wards shall have the same number 
 of aldermen, supervisors, and ward 'officers as other wards in 
 such city, and shall be in all respects subject to the provisions 
 of the charter of such city. ' Any alderman or ward officer 
 holding office and who resided in any such territory at the time 
 it shall be declared a ward, shall continue in such office for 
 the term for which he was elected and until his success, r is 
 elected and qualified, and shall be an officer of the ward so cre- 
 ated. The inspectors of election and ballot clerks appointed 
 for any such district shall continue to act in Jheir several 
 capacities Avhen such district is constituted a ward, until re- 
 moved or their successors are appointed. In all other cases 
 where a new ward is so created or eld wards consolidated, and 
 the creation or consolidation shall cause vacancies in the offices 
 to which any ward, by reason of the formation, is entitled the 
 common council shall forthwith order in the manner provided 
 by the charter of such city, a special 'election to fill all such 
 
GENERAL CHARTER LAW OF WISCONSIN: 11 
 
 vacancies as are by the charter of such city elective, provided 
 that if any such ward is created AVI thin thirty days before any 
 general or municipal election, such vacancies shall be filled 
 thereat. All other vacancies shall be filled in the manner pro- 
 vided by the charter of such city. The common council shall 
 in ordering such election, fix the term for which the officers 
 shall be elected. . 
 
 925 14. (Ch. 123, 1905.) 
 
 Same. Chapter 123, laws of 1905. SECTION 1. Section 
 925 14, of the statutes of 1898, as amended by chapter 36 of 
 the laws of 1901, is hereby amended as. to cities of the second, 
 third and fourth classes so that the same shall read as follows: 
 Section 925 14. An ordinance fixing- the number and bound- 
 aries of the Avards of any city of the second, third or fourth class 
 organized under the provisions of chapter 40a of the statutes of 
 1898 as amended, may be introduced at any regular meeting of 
 the common council. The question of the adoption of such 
 ordinance shall by a majority vote of the members of the com- 
 mon council elect, be submitted to the electors of such city at 
 the next regular municipal election. The city clerk shall pub- 
 lish a notice that said ordinance shall be so submitted at the 
 same time and in the same manner that notice of said municipal 
 election shall be published, and such notice shall set forth the 
 proposed ordinance at length. He shall also prepare ballots to 
 l)o used by the electors in voting -on said proposed ordinance, 
 Avhich shall intelligently express the voter's intention and Avhich 
 shall be substantially in the following forms: 
 
 For adoption of ward ordinance. 
 
 Against adoption of ward ordinance. 
 
 If a majority of the A r otes cast are in favor of the adoption of 
 such proposed ordinance the common council shall forthwith 
 thereafter at a regular meeting take action on such proposed 
 ordinance and may by at least a majority vote of those present 
 adopt the same; and Avhen the boundaries of any Avards are 
 fixed by any ordinance the number of wards and boundaries 
 thereof, or of any of said wards shall not be again changed for 
 a period of two years except by adding thereto such territory 
 as may at any time be added to the city limits; provided fur- 
 ther, that the territory of the Avards shall be contiguous and 
 compart and that no ward have a population of less than fif- 
 teen hundred in cities of the second class, or less than one thou- 
 sand in cities of the third rhiss. or less than five hundred in 
 cities of the fourth class. In redistricting such cities the orig- 
 
12 GENERAL CHARTER LAW OF WISCONSIN:. 
 
 inal numbers of the wards and their geographical outlines shall 
 as far as practicable be retained and the wards so created and 
 those the boundaries of which are changed shall be in as com- 
 pact form as practicable. Whenever the number of wards in 
 any such city shall be changed in the manner aforesaid, and a 
 new ward or wards created, such ward or wards shall have 
 the same number of aldermen, supervisors and ward officers as 
 other wards in such city, and shall be in all respects subject to 
 the provisions of the charter of such city. Any alderman or 
 ward officer holding office and who shall reside in any sucK 
 territory at the time it shall be declared a ward, shall continue 
 in such office for the term for which he was elected and until 
 his successor is elected and qualified, and shall be an officer of 
 the ward so created. The inspectors of election and ballot 
 clerks appointed for any such district shall continue to act in 
 their several capacities when such district is constituted a ward, 
 until removed or their successors are appointed. In all other 
 cases where a new ward is so created or old wards consolidated, 
 and the creation or consolidation shall cause vacancies in the 
 offices to which any ward, by reason of the formation, is en- 
 titled, the common council shall forthwith order in the manner 
 provided by the charter of such city, a special election to fill 
 all such vacancies as are by the charter of such city elective. 
 All other vacancies shall be filled in the manner provided by 
 the charter of such city. The common council shall in order- 
 ing siich election fix the term for which the officer shall be 
 elected. 
 
 Section 2. Said section 925 14, as amended by said chapter 
 36 shall continue in full force in its present form as to cities 
 of the first class, but as to cities of the second, third and fourth 
 class is hereby repealed so far as it conflicts herewith. 
 
 925 15. 
 
 Village officers to hold. SECTION 925 15. Such city shall 
 be deemed fully incorporated from and after the issue of the 
 patent av, aforesaid, but the village or town board and all other 
 officers of such village or town embracing the territory incor- 
 porated within the limits of said city shall continue to exercise 
 the powers and perform the duties of such officers as defined 
 by the general statutes relating to villages or towns until the 
 first meeting of the common council at which a quorum is 
 present. Until a. city clerk shall have been chosen and quali- 
 fied all oaths of office and other papers shall be filed with the 
 village or town clerk. When the city clerk shall have qualified 
 
GENERAL CHARTER LAW OF WISCONSIN'. 13 
 
 such village or town clerk shall deliver to him all proper rec- 
 ords, papers and files in his office belonging to the city clerk, 
 who shall thereupon become the legal custodian of the same. 
 
 925 16. 
 
 City election. SECTION { .)'2i> 16. Within ten days after the 
 incorporation, of any city under this chapter the village board 
 or the town board shall fix a. time for the first municipal elec- 
 tion, designate the place or places where the same shall be 
 held and appoint three inspectors of election for each polling 
 place. The polls of such election shall be opened at six o'clock 
 A. M. and closed at six o'clock P. iM. ; ten days' previous no- 
 tice of the time and place of election and of the officers to be 
 elected shall be given by the proper- village or town clerk by 
 publication in some newspaper in the county, if there be one, 
 and by posting written or printed notices in three public places 
 in said city. In all other respects such election shall be con- 
 ducted as is prescribed by chapter 5, except that no registra- 
 tion of voters shall be required ; but the failure to give such 
 notice shall in no way invalidate said election. At the close of 
 such election the inspectors shall count the ballots and make 
 returns thereof, stating therein the number of votes for each 
 office, and deliver Mich returns to the village or town clerk, 
 who shall lay the same before the village or town board. Such 
 board shall meet within one week after such election, canvass 
 said return' and declare, the result; the village or town clerk 
 .-shall notify the persons elected to the respective offices and 
 issue the proper certificates of election. All officers chosen at 
 such, election or appointed by the mayor-elect, except justices 
 of the peace and aldermen, shall hold for a term ending on 
 the third Tuesday of April next following and until their suc- 
 cessors are elected and qualified; provided, that in case the first 
 Tuesday of April shall be fixed as the time of the first election 
 the term of office 1 of tin 1 several officers chosen shall commence 
 on the third Tuesday rf April succeeding and continue as other- 
 wise pr; v'ded in this chapter. 
 
 Chapter IV. Annexation and Detachment of Territory. 
 
 925 17. 
 
 What cities. SECTION 92;") 17. Territory lying adjacent fa> 
 any city organized under the provisions of this chapter or ad- 
 jacent to any city oruuni/ed under a. special charter which, by 
 
14 GEXKKAL CHARTER LAW OF WISCONSIN. 
 
 ordinance, has declared such city to be of a certain class ac- 
 cording to the provisions of section 925 1, and has adopted, 
 in the manner provided by section 925 4, sections 925 17 to- 
 925 21, inclusive, may be annexed to such city in the manner 
 
 heieinafter set forth. 
 
 925 18. (Ch. 124, 1907.) 
 
 Annexation: petition, signers; rejection. SECTION 925 
 18. A majority of the electors and the owners of at least 
 one-third of the taxable property according to the last tax 
 roll in territory adjacent to such , city may together present, 
 a petition to the common council of such city, asking for an- 
 nexation thereto; provided, that if no electors reside therein 
 such petition must be signed by the owners of at least one- 
 half of the taxable prcperty desired to be annexed before' 
 the council shall have power to act thereon; provided further, 
 that the council may, upon the petition of one-half of the resident 
 electors and of the owners of one-half of the real estate within 
 the limits of the territory proposed to be annexed, pass an ordi- 
 nance annexing such proposed territory when the proposition 
 to annex has been submitted to a vote of the electors of the dis- 
 trict to be . annexed and a majority of the resident electors 
 have voted in favor thereof. Whenever a proposition to annex 
 territory has been submitted to a vrte and rejected, the same or 
 substantially the same proposition shall not be again submitted 
 within two years thereafter. 
 
 925 19. 
 
 Ordinance, action on. SECTION 925 19. At any regular 
 in ei- ting of the common council after the filing of said petition 
 with the city clerk an ordinance may be introduced providing 
 for the annexation of such adjacent territory. Final action on 
 said ordinance shall not be taken except at a regular meeting 
 of the council and not earlier than thirty days after the same 
 is introduced ; and in the meantime the same shall be published 
 at least once in each week for four successive weeks in some 
 newspaper printed and published in said city, if there be one, 
 otherwise in some newspaper to be designated by the council. 
 
 925 20. 
 
 Vote; adjustment of debts and property. SECTION 925 
 20. A vote of three-fourths of all the members of said council 
 in favor of sa'd ordinance, taken by ayes and noes and recorded, 
 shall be necessary to its adoption. Any controversy that may 
 
GENERAL CHARTER LAW OF WISCONSIN. 15 
 
 aiise between the city and the town or towns from which such 
 territory is detached in respect to the division of property or 
 the adjustment of existing indebtedness shall be determined by 
 the circu't court in a proper proceeding brought for that pur- 
 p se. or the adjustment of such indebtedness may be made as 
 piovided in section 925 \a. 
 
 925 21. 
 
 Ordinance; collateral attack; limitation. SECTION 925 
 21. The adoption of >said ordinance shall operate to annex such 
 territory to said city and to the ward or wards designated therein 
 ninety day.: after the same is parsed and published. The valid- 
 ity of the proceedings annexing such territory shall not be 
 called in question collaterally in any court of this state, nor be 
 called in question in any other manner in any such court un- 
 less the action or proceeding therefor be commenced within 
 ninety days after such ordinance is adopted. 
 
 925 21a. (Ch. 149, 1903.) 
 
 Detachment of territory; debts, property. SECTION 925 
 2la. Upr.n the petition of a majority of property owners own- 
 ing three-fourths of the taxable real estate which it is proposed 
 *to detach, according to the last tax roll, within the corporate 
 limits cf a city of the second, third or fourth class, whether incor- 
 porated under the provisions of this chapter or by special char- 
 ter, and which said taxable property is within a section adja- 
 cent to the boundary lines of any such city, the common council 
 may by ordinance detach such real estate from such city. Such 
 ordinance shall require for its adoption the affirmative vote of 
 three-fourths of all the members of such common council and 
 if so adopted, the said property shall be detached from such city 
 and attached to the towns or towns to which the same shall be 
 annexed and shall be taxable therein. Provided, however, that 
 if a petition signed by five per cent, of the electors of such city 
 be presented to such common council, within ninety (90) days 
 after the passage of such ordinance, demanding that such ques- 
 tion be submitted to the electors of such city then such common 
 council shall cause such question to be submitted to the electors 
 of such city at the next ensuing election, and in case a majority 
 of the electors vrting on such question shall vote in favor of 
 such proposition, then and thereafter said property shall be de- 
 tached therefrom and attached to the town or towns to which 
 the same by reason thereof becomes annexed and shall be tax- 
 able therein. 
 
16 GENERAL CHARTER LAW OF WISCONSIN. 
 
 It is further provided that such common council may by a 
 majority vote of all its members submit to the electors of such 
 city at the next ensuing municipal election the question of de- 
 taching such real estate from such city, and in case a majority 
 of the electors voting on such question shall vote in favor of 
 such proposition, then and thereafter said property shall be de- 
 tached therefrom and attached to the town or towns to which 
 the same by reason thereof becomes annexed and shall be tax- 
 able therein. Any indebtedness properly chargeable to sucn 
 detached property may be adjusted between such city and the 
 town or towns as provided by sections 925 21 a or 925 20, 
 and the proceedings for such adjustment may be begun by 
 either the town or city. Any property interest of such de- 
 tached territory shall vest in the city. 
 
 925 21b. (Ch. 493, 1907.) 
 
 City boundaries; surveys; record, effect, test. SKCTJO.N 
 925 21b. All cities whether organized under a, general or 
 special charter are hereby continued as bodies corporate by the 
 name and, style which they now bear, until the same is duly 
 changed. The district or territory now embraced within the lim- 
 its and boundaries of such cities, as now described, shall con- 
 tinue to be the boundaries of such cities until changed by law. 
 Any city may direct -a survey of its present boundaries to be 
 made, and when properly attested such survey may be filed in 
 the office of the register of deeds in the county or counties in 
 which such city is located and when so filed such survey and plat 
 shall be prima facie evidence of the facts therein set forth, and 
 after the lapse of one year such a survey and plat shall be con- 
 clusive evidence of such facts. Any citizen may, by appropriate 
 legal procedure, test the correctness of said survey and plat. 
 The time such action is pending shall be excluded from the above 
 limitation of time. Subsequent extensions of the boundaries of 
 such cities may be surveyed and such surveys filed in the man- 
 ner .above provided and may be tested in the same manner and 
 with like effect as a survey and plat of the original boundaries. 
 
 Chapter V. Officers, Their Election, Appointment, Quali- 
 fications, Compensation; Vacancies. 
 
 Of cities of first class. SECTION 925 22. Officers of cities 
 of the first class shall be a mayor, two aldermen from each ward, 
 constituting a common council, a treasurer, comptroller, attor- 
 
GENERAL CHARTER LAW OF WISCONSIN. 17 
 
 ney, clerk, engineer, tax commissioner, an assessor for each 
 ward, i\ board of public works, a school board, a board of com- 
 missioners of the public debt, a board of health, one or more 
 city physicians, a, chief of police, a chief engineer of the fire 
 department, one or more harbor-masters where required, <a 
 mipervisor for each ward, a justice of the peace and one con- 
 stable for each ward, policemen, bridge-tenders, firemen, street 
 commissioners and such other officers as the council shall from 
 time to time deem necessary. 
 
 925 22a. (Ch. 566, 1907.) 
 
 Cities of first class: aldermen, election, term. SECTION 
 925 22a. 1. In each city of the first class in the state, whether 
 operating under a general or special charter, there shall be elected 
 to the common council as members thereof, twelve 'aldermen at 
 large and one alderman from each ward and such aldermen shall 
 constitute the sole legislative body of such city. The powers and 
 salary of the aldermen shall be the same as now or is subse- 
 quently provided. The aldermen elected at large, after the first 
 election, shall be elected for a term of four years, the aldermen 
 from the wards shall be elected for a term of two years. At the 
 first election of aldermen at large, there shall be twelve elected, 
 the six having the largest number of votes to hold for a term of 
 four years and the second six to hold for" a term of two years, 
 when their successors are to be elected for a term of four years. 
 
 Election day. 2. The election of aldermen under the pro- 
 vision of this act shall take place on the first Tuesday of April, 
 1908. and biennially thereafter. 
 
 925 23. (Ch. 60, 1901.) 
 
 Officers of other cities. SECTION 92523. The officers of 
 cities of the second, third and fourth classes shall be a mayor, 
 treasurer, clerk, comptroller, attorney, assessor or one or more 
 assessors, two or more justices of the peace, one or more con- 
 stables as the common council may determine by ordinance, a 
 physician, street commissioner, chief .of the fire department, a 
 board of public works, a board of school commissioners, one or 
 more policemen, two aldermen and one supervisor from each 
 ward, and such other officers or boards as the common council 
 may deem necessary ; provided, that the council, by a two-thirds 
 vote, may dispense with the offices of street commissioner, engi- 
 neer, comptroller and board of public works, and provided that 
 
18 GENERAL CHARTER LAW OF WISCONSIN. 
 
 the duties thereof be performed by other officers or boards, by 
 the council or a committee thereof. 
 
 925 23a. (Ch. 92, 1905.) 
 
 Aldermen, other cities. SECTION 925 23a. In all cities 
 of this state of the second, third and fourth class whether gov- 
 erned by general or special charter, or by both, the common 
 council may, by ordinance, provide that there shall be one or 
 two aldermen from each ward, and shall determine the time and 
 manner of their election ; provided, however, that said ordinance 
 shall not take effect until the same is submitted to and approved 
 by a majority of the voters voting thereon at a general municipal 
 election. 
 
 925 24. 
 
 Annual election. SECTION 925 24. The annual municipal 
 election in all cities shall be held on the first Tuesday in April 
 at such place or places as the council shall designate ; provided, 
 that in cities of the fourth class the council, by ordinance duly 
 adopted by a three-fourths vote of all the members-elect, may 
 fix as the time of holding such election the first Tuesday in 
 March. The polls at such election shall be opened at six o'clock 
 A. M. and closed at five o'clock P. M. Ten days' previous notice 
 of the time and place of such election and of the officers to be 
 elected shall be given by the city clerk by publication in the 
 official city paper and by posting written or printed notices in 
 three public places in the city ; but the failure to give such notice 
 shall not invalidate such election. In all other respects such 
 election shall be conducted as prescribed by chapter 5, except 
 that no registration of voters shall be required unless provided 
 for by ordinance. 
 
 925 25. (Ch. 604, 1907.) 
 City officers: how chosen. SECTION 925 25. 1. The 
 
 mayor, treasurer, comptroller, aldermen, justices of the peace 
 and supervisors shall be elected by the people. The other offi- 
 cers shall be elected or otherwise selected as provided by ordi- 
 nancj approved by the electors of the dty ; provided, that 
 in case any such officer, except policemen,, shall be appointed 
 by the mayor, such appointment shall be subject to confirmation 
 by the council. In cities ivhere the clerk performs the duties 
 of comptroller, the clerk shall be elected by the people. 
 
 Under general charter. 2. In all cities operating under 
 the general lair, officers, except as herein specified, shall con- 
 
GENERAL CHARTER LAW OF WISCONSIN . 19 
 
 HHUC to be elected < appointed in the manner now provided 
 ~by law. In cities adopting the general law all officers shall con- 
 fin u< to be elected or appointed in the manner prevailing in 
 site// cities at UK- lime, of the adoption of the general law, until 
 changed in the manner herein provided, except as herein other- 
 wise provided. 
 
 Initiative and referendum. 3. Upon petition of fifteen per 
 centum of the electors voting at the last preceding election the 
 council shall submit !/<< question of changing the manner of 
 election of any city official to the method specified in such peti- 
 tion except as to those officials enumerated in section 1 of this 
 act who are to be elected by the people. Thereafter such officers 
 shall be elected or appointed in the manner determined by the 
 electors at such election. 
 
 Cities ; 4th class : petition. 4. In cities of the fourth class 
 the clerk and other officers, may be elected by the electors at 
 the same time and in the same manner as other officers are 
 elected, upon a petition asking therefor being filed in the office 
 of the city clerk fifteen days prior to any regular municipal 
 election, signed by thirty per cent, of the electors of such city 
 who voted at the last general election then next preceding as ap- 
 pears from the poll list. 
 
 Notice of election. .7. It shall be the duty of the coun- 
 cil and the proper officers of any city of the fourth class to 
 give notice of, call for and order the election at the next 
 election and thereafter at each succeeding election, the of- 
 ficer or officers whose title of office is specified in such petition. 
 
 Petition, affairs. 6. Such petition may include one or more 
 or all of the officers of such city, and the notice of and the 
 order for the election shall follow and include the officer or 
 officers named in the petition, and upon like petition, signed by 
 a majority of the electors asking therefor, any common council, 
 of any city of the fourth class by ordinance duly passed may 
 provide for the appointment by the mayor with the concurrence 
 of the council of any officers of such city excepting the office 
 of mayor, aldermen, treasurer, supervisor or justice of the 
 peace. 
 
 925 26. 
 
 Terms. SECTION 92526. All officers shall hold their offi- 
 ces respectively for the term of one year, except justices of the 
 
20 GEXERAL CHARTER LAW OF WISCONSIN. 
 
 peace and aldermen, who shall hold for two years and until 
 their successors are qualified, unless the council shall, by ordin- 
 ance, provide a longer term for said officers or any of them, 
 or unle:-s a different term of office is expressly provided in this 
 chapter; provided, that this section shall not extend the terms 
 of any city officers beyond the terms for which they were orig- 
 inally elected or appointed. The common council may provide 
 that the terms of the aldermen first elected after the adoption 
 of this provision shall expire in different years, and thereafter 
 part of the aldermen shall be elected each year and hole! for 
 the full term. 
 
 925 26a. (Oh. 227, 1909.) 
 
 Cities: 2nd, 3rd, 4th class; terms of office. SECTION 925 
 26a. 1. In cities of the second, third and fourth classes, the 
 terms of office of all city officers hereafter chosen by the elec- 
 tors, except aldermen of cities governed by special charter, shall 
 be two years ; and also except supervisors, who shall be elected 
 annually, and their term of office shall be for one year, unless 
 otherwise provided for in cities operating under special char- 
 ters, or unless the common- council shall by ordinance provide a 
 different term for said officers, or any of (he in. 
 
 Exception. .2. This act shall not affect the term of office of 
 any city officer which exceeds two years : 
 
 Aldermen. 3. The common council may. by ordinance adopted 
 and published at any time previous to the publication of notice 
 of the .election at which aldermen are to be elected, provide 
 for the division of the aldermen into two clashes, one class 
 to -Jbe elected for two years, and the other for four years 
 and thereafter the term of office of all such aldermen shall be 
 four years. All ordinances ade>i>f<d under the. ' author rii; herein 
 granted shall l)e deemed adopted, only upon Yhc affirmative 
 vote of two-thirds of the members elect of (lie council, v.liieli 
 vote shall be recorded. 
 
 92527. 
 
 E^gibility. SECTION 925 27. No person shall be eligible to 
 an office created by the provision of this chapter who is not 
 at the time of his election a citizen of the United Slates raid of 
 this state and resident elector -of the city : nor shall any per- 
 son be eligible tu any ward office unless he shall be at the time 
 a resident elector of the ward in which such offic-3 exists. 
 
GENERAL CHARTER LAW OF WISCONSIN. 21 
 
 925 28, 
 
 Commencement of terms. SECTION 92528. The term of 
 office of the mayor and aldermen shall commence on the third 
 Tuesday of April succeeding their election and qualification. 
 The terms of all other officers shall commence on the first day 
 of May succeeding their election or appointment unless other- 
 wise provided by ordinance, and they shall hold for such term 
 as has been provided for each respectively and until their re- 
 siKM-cssor.s are qualified. 
 
 925 29. 
 
 Elections, how held; tie vote. SECTION 92529. All elec- 
 tions shall be by ballot and plurality of votes cast shall con- 
 stitute an election. When two or more candidates shall receive 
 an equal number of votes for the same office the election shall 
 be determined by the casting of lots in the presence of the coun- 
 cil at such time and in such manner as such council shall direct. 
 
 925 29a. (Ch. -!)3, 1907.) 
 
 Certificate of election; qualification. SECTION 925 29a. 
 To the person elected to any office the city clerk shall issue a 
 certificate of election. To the person appointed, a certificate 
 that such person has qualified for the position to which such a 
 person is appointed, which certificate shall be filed with the 
 secretary of the commission or board to which such a person has 
 been appointed. Thereupon such appointee shall be deemed to 
 be qualified to act as a member of such board or commission. 
 
 925 30. 
 
 Salaries, how fixed. SECTION 925 30. The common coun- 
 cil shall by ordinance provide such salary or compensation for, 
 the officers and employes of the city as it shall deem .proper ; 
 provided, that in -cities of the second, third and fourth classes 
 no salary shall be paid to the mayor or members of the council 
 except when ordered by a vote of three-fourths of the mem- 
 bers-elect of the council. The council shall, at its first regular 
 meeting in February, fix the amount of salary which shall be 
 received by every officer entitled to a salary, who may be elected 
 or appointed during the ensuing year, which shall not be in- 
 creased or diminished during his term of office and which shall 
 be paid out of the city treasury at the end of each month. All 
 salaries heretofore fixed by any co'uncil or established by law 
 shall be and remain the salaries of such officers until the coun- 
 cil shall otherwise determine ; provided, however, that w r here any 
 
22 GENERAL CHARTER LAW OF WISCONSIN. 
 
 new city shall have been incorporated and officers thereof elected 
 or appointed the council may at any regular meeting, during the 
 term .of office of such officers, declare and fix the amount of com- 
 pensation they shall receive. 
 
 925 31. 
 
 Vacancies, how filled. SECTION 925 31. When any officer 
 shall remove from the city, or any ward officers shall remove 
 from his ward, or any such officer shall refuse or neglect for 
 ten days after official notification of his election or appointment 
 to qualify arid enter upon the discharge of the duties of his 
 office, the office shall be deemed vacant; and whenever a vacancy 
 shall occur in any office where the officer was elected by the 
 people it shall be filled by appointment by the mayor, such 
 appointment to be confirmed by the council; and whenever a 
 vacancy shall occur in any office to be filled by appointment the 
 same proceedings shall be had to fill such vacancy as are pro- 
 vided for in case of an appointment in the first instance. 
 
 925 31b. (Oh. 493, 1907.) 
 
 Mayor: vacancy. SECTION 925 31 b. A vacancy in the 
 office of the mayor shall be filled by the common council, the 
 person selected to hold office until the first Tuesday in April, 
 succeeding, when the vacancy shall be filled by an election. The 
 person so elected by the common council shall be elected in the 
 same manner a;s the president of the common council. 
 
 925 31c. (Oh. 493, 1907.) 
 
 Salaries; no additional pay. SECTION 925 31c. No of- 
 ficer or employe receiving a salary from any city, whether or- 
 ganized^ under general or special law, shall receive for service 
 of any kind or nature rendered such city any compensation 
 therefor other than the salary fixed and provided for such of- 
 fice. This act ^hall apply to all officials now serving .or here- 
 after elected or appointed to public place. 
 
 925 32. 
 
 Special elections. SECTION 925 32. Special elections to 
 fill vacancies or for any other purpose shall be held and con- 
 ducted by the inspectors and clerks of election of the several 
 election precincts in the same manner and the returns thereof 
 shall be made in the same form and manner as of the general 
 municipal elections, and within such time as is prescribed by law. 
 
GENERAL CHARTER LAW OF WISCONSIN. 
 
 925 33. 
 
 Term of office. SECTION 92533. Every person elected or 
 appointed to fill a vacancy shall hold his office and discharge 
 the duties thereof for the unexpired term. 
 
 925 34. 
 
 Oath of office. SECTION 92534. Every person elected or 
 appointed to any office shall, before he enters upon the discharge 
 of the duties thereof, take and subscribe the oath of office pro- 
 vided for by the 'constitution, and file the same with the city 
 clerk within ten days after notice of his election or appointment ; 
 and in case of his failure to do either the office shall be deemed 
 vacant. 
 
 925 35. 
 
 Bonds. SECTION 92535. The treasurer, comptroller, jus- 
 tices of the peace, constables and such other officers as the council 
 may direct shall, before entering upon the discharge of the 
 duties of their respective offices, execute and deliver to the city 
 a bond in such sum as the council may determine, with two or 
 more sureties, conditioned for the faithful discharge of the 
 duties of their respective offices, and with such other conditions 
 as the council may prescribe ; the council may at any time re- 
 quire new and additional bonds of any officer. All bonds must 
 be approved by the mayor, and when so approved shall be filed 
 in the office .of the city clerk within ten days after the officer 
 executing the same shall have been notified of his election or 
 appointment, and when so approved and filed shall be recorded 
 by the city clerk in a book kept for that purpose ; such clerk shall 
 annex to each such record a certificate that the same is a true 
 oopy of the original, and sucji record shall be prima facie evi- 
 dence of the contents of such bond and in the absence of the 
 original may be used as evidence in all courts. Justices of the 
 peace and constables shall also give a bond as required by statute. 
 
 925 36. 
 
 Removal of officers. SECTION 925 36. Every person 
 elected or appointed to any office may be removed therefrom by a 
 vote of three-fourths of all the members of the council ; but no 
 such officer shall be removed except for cause nor unless charges 
 are preferred against him and an opportunity given him to be 
 heard in his defense. The council may compel the attendance of 
 witnesses and the production of papers when necessary for the 
 purpose of such hearing, and shall proceed within ten days after 
 
24 GENERAL CHARTER LAW OF WISCONSIN. 
 
 the charges are filed with the city clerk to hear and determine the 
 ease upon its merits. The mayor may suspend any officer 
 against whom charges have been preferred until the disposition 
 of the same and appoint an officer to fill the vacancy tempor- 
 arily until the charges have been disposed of. Any officer ap- 
 pointed by the mayor without confirmation under the provisions 
 tof this chapter may be removed by him when he deems it for the 
 best interest of the city. 
 
 Chapter VI. Officers, Their Powers and Duties. 
 
 925 37. 
 
 Mayor city first class. SECTION 925 37. In cities of the 
 first class the mayor shall be the chief executive officer, the 
 head of the fire department and of the police. He shall take 
 care that the laws of the state and the ordinances of the city are 
 observed and enforced and that all officers of the city discharge 
 their respective duties. He shall from time to time give the 
 council such information and recommend such measures as IK- 
 may deem advantageous to the city. Except as otherwise pro- 
 vided he shall appoint all policemen,, and in case of a riot or 
 other disturbance may appoint as many special policemen as he 
 may deem necessary. He shall have power to sign or veto any 
 ordinance passed by the council. Should he refuse to approve 
 any ordinance, rule, regulation, claim or resolution appropriat- 
 ing money or creating a debt or liability he shall communicate 
 his objections in writing to the council within three days (Sun- 
 days and legal holidays excepted) after such law, ordinance, 
 rule, regulation or resolution is submitted for his approval. If 
 upon the return of such veto message three-fourths of the com- 
 mon council elect vote for the passage of such ordinance, rule, 
 regulation, claim or resolution the same shall be considered 
 legally passed notwithstanding such objections, 
 
 925 38. 
 
 Mayor: cities of other classes. SECTION 925 38. In cities 
 of the second, third and fourth classes the mayor shall be the 
 chief executive officer and head of the fire and of the police de- 
 partments ; he shall take care that the laws of the state and the 
 ordinances of the city are observed and enforced and that all 
 officers of the city discharge their respective duties. He shall 
 from time to time give the council such information and recom- 
 mend such measures as he may deem advantageous to the city. 
 
GENERAL CHARTER LAW OF WISCONSIN. 25 
 
 When present he shall preside at the meetings of the council; 
 he shall sign all agreements, contracts, licenses and permits 
 granted by the council and approve or otherwise act upon all 
 claims allowed by it; he shall appoint all policemen and may, 
 in case of a riot or other emergency, appoint as many special 
 policemen as may be 1 necessary. He shall have the veto power. 
 Shculd he refuse to approve any ordinance, rule, regulation, 
 claim or resolution appropriating money or creating a debt 
 or liability he shall file with the city clerk objections in writ- 
 ing within five days after such ordinance, rule, regulation, claim. 
 or resolution is submitted to him for approval, such objections 
 to bo presented to the council at its next meeting. If upon the 
 return of such veto message three-fourths of all the members 
 of the common council vote for the passage of such ordinance, 
 rule,* regulation, claim or resolution the same shall be considered 
 legally passed notwithstanding such objections. 
 
 925 38a. (Ch. 190, 1907.) 
 
 President of council; election; acting mayor. SECTION 
 925 38a. In cities of the first class the co'imcil at its first 
 meeting after its organization biennially shall choose from their 
 number a president, by viva vcpe vote upon a, roll call, who shall 
 preside over the meetings of the common council during two 
 years. The vote by which a president of the council is elected 
 shall be entered upon the minutes of the proceedings of the 
 council. No election shall be valid unless the vote is so entered. 
 In case of a, vacancy in the office of mayor, or during his ab- 
 sence or inability from airy cause to perform the duties of his 
 office, the president of the council shall have and exercise all 
 the powers and discharge all the duties of mayor until he shall 
 resume his office or the vacancy be filled by an election. When 
 so acting such president shall be styled "acting mayor," but 
 as acting mayor he shall not have authority to sign or approve 
 any ordinance, rule, regulation, claim, resolution, warrant or 
 other proceeding whatsoever which the mayor has refused to 
 sign and communicated his refusal to the council. 
 
 925 38b. (Ch. 493, 1907.) 
 
 Appointments: confirmation. SECTION 925 38b. The 
 appointments to public office by the mayor of all cities shall be 
 subject to confirmation by the common council, unless other- 
 wise provided by law. An appointee to any office rejected by 
 the common council shall be ineligible for appointment to fFe 
 same office for one year thereafter. 
 
26 GENERAL CHARTER LAW OF WISCONSIN, 
 
 925 39. 
 
 Vacancy; cities 1st class. SECTION 925 39. In cities of 
 the first class the council at its first meeting after its organiza- 
 tion in each year shall choose from their number a president, 
 who shall preside over their meetings during the ensuing year. 
 In ca&e of a vacancy in the office of mayor, or during his ab- 
 sence or inability from any cause to perform the duties of his 
 office, the president of the council shall have and exercise all the 
 powers and discharge all the duties of mayor until he shall re- 
 sume his office or the vacancy be filled by an election. When 
 so acting such president shall be styled "acting mayor;" but 
 as acting mayor he shall not have authority to sign or ap- 
 prove any ordinance, rule, regulation, claim, resolution, warrant 
 or other proceedng whatever which the mayor has refused to 
 sign and communicated his refusal to the council. 
 
 925 40. 
 
 Same ; in other classes. SECTION 925 40. In cities of the 
 second, third and fourth classes the council at its first meeting 
 after organization in each year shall choose from its number a 
 president, who, in the absence of the mayor, shall preside at all 
 meetings of such council, and during the absence or inability 
 of the mayor to discharge the duties of his office shall exercise 
 all the power and discharge all the duties of the mayor. The 
 president, while presiding at meetings of the council or perform- 
 ing the duties of the mayor, shall be styled "acting mayor," 
 and any act performed by him in such capacity shall have the 
 same force and effect as if performed by the mayor; but such 
 president as acting mayor shall have no authority to sign or 
 approve any ordinance, rule, regulation, claim, resolution, war- 
 rant or other proceeding -whatever which the mayor has refused 
 to sign and communicated such refusal to the council. 
 
 925 40m. (Ch. 103, 1909.) 
 
 Vacancy: mayor, aldermen; 2nd, 3rd, 4th class. SEC- 
 TION 925 40m. In cities of the second, third and fourth classes 
 where a vacancy shall occur in the office of mayor or alderman 
 by reason of death, resignation, permanent removal from the 
 city or ward, or oilier cau&z, the council shall forthwith proceed 
 to fill such vacancy by the election of a qualified elector of the 
 said city to hold such office until a- successor shall be elected. and 
 qualified. Such successor shall fo chosen at the municipal 
 election to be held on the first Tuesday in April next succeeding, 
 and in case there is no municipal election to be held in such year, 
 
GENERAL CHARTER LAW OF WISCONSIN. 27 
 
 \thcn at a special election l<> />< h<l<i an lln first Tuesday in April 
 y the occurrence of xnch rncanrij. 
 
 925 41. 
 
 Clerk, appointment, etc. SECTION 925 41. The city clerk 
 :shall have the care and custody of the corporate seal and all 
 papers and records of the city. It shall be his duty to attend 
 all meetings of the council and keep a full record of their pro- 
 ceedings, to record all ordinances and bonds in a book kept for 
 that purpose, to keep a record of all licenses granted, which rec- 
 ord shall at all reasonable times be open to inspection by the pub- 
 lic, to carefully preserve all receipts, filed with him and draw 
 and sign all orders upon the treasury, except as otherwise herein 
 provided, in pursuance of an order or resolution of the common 
 council and keep a full and correct account thereof in books 
 provided for that purpose. He shall have such power and au- 
 thority and perform such duties as clerks of cities and villages 
 may he re<i>,iired to perform under the general laws. He shall 
 keep an accurate account with the treasurer and charge him with 
 all tax lists presented to him for collection and all sums of 
 money paid into the treasury. In cities of the second, third and 
 fourth clashes he shall be ex-offic:o secretary of the board of pub- 
 lic works and board of school commissioners, and shall perform 
 such other duties as may be required of him by the council. 
 Within thirty days after the close of each fiscal year he shall 
 'make and cause to he published in the official city paper a finan- 
 cial statement showing the receipts and disbursements on account 
 of each fund during the last preceding fiscal year. Copies of 
 any and all books, papers, documents or instruments duly filed 
 and kept in his office and transcripts from the records of the pro- 
 ceedings of the council, certified by him under the corporate seal 
 of the city, shall be evidence in all courts and places in like man- 
 ner and with the same force and effect as if the originals were 
 produced. He shall also have power to administer oaths and 
 affirmations authorized to be taken by and under these statutes. 
 Every such clerk may in writing appoint a deputy and shall file 
 -such appointment in his office; such deputy shall aid in the per- 
 formance of the duties of such clerk under his direction, and in 
 case of h's absence or disability or of a vacancy in his office 
 -shall perform all such duties during such absence, disability or 
 the continuance of such vacancy; and every such clerk and his 
 sureties shall be liable upon his official bond for the acts of such 
 deputy. 
 
28 GENERAL CHARTER LAW OF \YIsro\SIX. 
 
 925 42. 
 
 City attorney. SECTION 1)25 42. The city attorney shall 
 conduct all the law business et" the city and of the departments 
 thereof and all other law business in which the city shall be in- 
 terested; he shall, when requested, furnish written opinions upon 
 subjects submitted to him by the mayor -or council or any of its 
 committees or any other department. He shall keep a docket of 
 all the cases to which the city may be a party in any court of 
 record, in which shall be briefly entered all steps taken in each 
 cause, which docket shall at all reasonable hours be open to pub- 
 lic inspection. It shall also be his duty to draft all ordinances, 
 bonds, contracts, leases, conveyances and such other instruments 
 as may' be required by the officers of the city, to examine and in- 
 spect tax and assessment rolls and all other proceedings in refer- 
 ence to the levying and collection of taxes and assessments, and 
 to perform such other duties as may be prescribed by the charter 
 and ordinances. He may appoint an assistant, who shall have 
 power to do all the acts required by law of the city attorney; 
 provided, that he shall be responsible to the city for the acts of 
 such assistant, and that the city shall not be liable for nor have- 
 any authority to pay compensation to such assistant. 
 
 925 43. 
 
 Treasurer. SP;CTION 92543. The city treasurer shall col- 
 lect all city, county and state taxes, receive all moneys belonging 
 to the city, keep an accurate 'account of the same in suitable 
 bo-o-ks prepared for that purpose, and pay over the money in his 
 hands according to law. He shall keep a detailed account of the 
 money received and disbursed by him in such manner as the 
 council shall direct; his books shall at all reasonable times be 
 open to inspection by any voter of the city. He shall make a re- 
 port to the council each month and as much oftener as required, 
 which report shall embrace a statement of the receipts and dis- 
 bursements in his office, and ten days preceding every annual 
 election he shall make and file in the city clerk's office a full and 
 minute report of all the moneys received and disbursed by him, 
 of all tax certificate^ vouchers and other effects of pecuniary 
 value in his possession, and of all other transactions relating to- 
 his office from the date of the like report of his predecessor to 
 the date of the report required to be made out by him. He shall 
 keep an accurate account of each of the separate funds in his 
 custody. Except as herein and otherwise provided he shall have 
 such power and authority and perform such duties as treasurers 
 in villages and towns are required to perform under these stat- 
 
GENERAL CHARTER LAW OF WISCONSIN. 29 
 
 ates. Ho shall receive no fees or per diem except the salary fixed 
 by the council prior to his election, but all fees collected by him 
 shall be paid into the city treasury at the end of each month. 
 
 925 44. 
 
 Comptroller: city 1st class. SECTION 925 44. In cities 
 of the first class the comptroller shall, on or before the first 
 day of October in each year, make to the council a detailed state- 
 ment of the expenses of the city and the several wards thereof 
 during the last fiscal year, and such report shall also contain a 
 statement of the estimated expenses of the current fiscal year, as 
 the same has been prepared by the council, and an estimate of 
 the probable income for that year from sources other th'an taxa- 
 tion. He shall examine all estimates made by the board of pub- 
 lic works of public work to be done and all contracts made by 
 them, and shall countersign the same if they are legal and the 
 necessary funds shall have been provided for the proposed work ; 
 and no such contract shall be valid until so countersigned. He 
 shall keep a list of all certificates for the payment of which 
 special taxes are to be levied, and make and file with the city 
 clerk a list of all the special taxes to be levied each year in time 
 for their insertion in the tax roll in the form of a schedule of 
 special taxes, and shall certify the correctness of the same, and 
 such certified schedule shall be prima facie evidence of the legal- 
 ity and regularity of the taxes levied in pursuance thereof. He 
 shall report monthly to the council the condition of the several 
 funds of the city and a statement of all outstanding contracts 
 and claims which will be payable out of each fund. All claims 
 and demands against the city founded on contract shall be 
 audited and adjusted by him, and he shall make a monthly state- 
 ment to the council of such claims, and n>o such claim shall be al- 
 lowed until it shall have been so certified. He shall examine and 
 countersign all city orders before the same shall be valid. He 
 may administer oaths and take testimony as to any question 
 which it may be his duty to decide, and shall keep a record of 
 all his acts and d ings, which shall be open to the inspection of 
 all persons. He may appoint a deputy for whose action he shall 
 !< responsible, and such deputy may act for his principal during 
 Ms sickness or absence. 
 
 Comptroller: other cities. SECTION 92545. In all other 
 cities the comptroller shall, on or before. the first day of October 
 in each year, file with the city clerk a detailed statement of the 
 
30 GENERAL CHARTER LAW OF WISCONSIN. 
 
 expenses of the city and the wards thereof during the last fiscal 
 year, and such statement shall also contain an estimate of the- 
 expenses of the fiscal year and the income for that year from 
 sources other than taxation. He shall countersign all contracts 
 made with the city if the necessary funds shall have been pro- 
 vided to pay the liability that may be incurred thereunder, and 
 no such contract shall be valid until so countersigned. He shall 
 make a list of all certificates for the payment of which special 
 taxes are to be levied in each year in time for the same to be in- 
 serted in the tax roll in the form of a schedule of special taxes, 
 and certify the correctness of the same, and such certified sched- 
 ule shall be prima facie evidence of the legality and regularity of 
 the taxes levied in pursuance thereof; but no irregularity in 
 the making of such list shall invalidate any such special tax, He 
 shall report monthly, in writing, to the council the condition of 
 the several funds of the city and of the condition of all outstand- 
 ing contracts and claims which may be payable out of each fund. 
 He shall examine and countersign all city orders before the same 
 shall be valid, but shall not countersign any order before the 
 money is in the treasury to pay the same. He shall examine all 
 claims presented against the city, whether founded on contract 
 or otherwise, and determine as to each whether it is properly 
 itemized and sworn to ; if on contract, whether the items charged 
 are correct, whether such claim was incurred by proper author- 
 ity, and generally determine its correctness. For the above pur- 
 poses he may swear witnesses and take testimony. If he does 
 not find any objection to any claim he shall mark his approval 
 thereon ; if he disapproves, or approves in part and disapproval 
 in part, he shall report to the council his reasons therefor, and in 
 all cases shall report the evidence taken by him. No claim shall 
 be considered by the council or referred to a committee till it 
 shall have been thus examined and reported on by the comp- 
 troller. He shall examine each month the treasurer's accounts 
 as reported and kept by him and report as to the correctness of 
 the same, and also any violation by the treasurer of his duties in 
 the manner of keeping his accounts or disbursing moneys. The 
 comptroller shall procure a claim book at the expense of the city, 
 in which all claims against it shall be entered as fast as the same 
 are filed; said book shall be provided with an index and be in 
 such form as to provide for the entry of the name of the claim- 
 ant, number of claim, date of filing, amount claimed, date of the- 
 report of the comptroller, whether approved and for how much r 
 date of allowance or disallowance by the council, amoun" allowed, 
 date of the order issued to pay the same, number of such order 
 
GENERAL CHARTER LAW OP WISCONSIN. 31 
 
 and date of cancellation of the same. The comptroller shall per- 
 form the duties of a member of the board of public works and 
 such other duties as are required of him under the provisions of 
 this chapter or by the council. In case the office of comptroller 
 is dispensed with the duties pertaining thereto shall be discharged 
 by such officer or officers or board as the council shall designate 
 by resolution or ordinance. 
 
 925 46. (Ch. 2, 1909.) 
 
 Cities 4th class: newspaper publications. SECTION 925 
 46. The council, in cities of the fourth class, at its first meeting 
 or as soon thereafter as may be, shall designate one or more 
 newspapers printed in the city, if there be any printed in such 
 oily, and if not, shall designate a newspaper having a general 
 circulation in said city and printed in the county in which such 
 city is located, in which shall be published all ordinances, notices, 
 and other proceedings required by law to be published, and said 
 council may establish by ordinance such rates for such printing 
 and publishing as to them may seem just and proper, provided, 
 that the price for such printing shall not exceed the legal rate 
 for like work as the same is or may be established by law, and 
 in cities in which no newspaper is printed, all ordinances, notices, 
 ami <>tli< r proceedings required by laiv to be published, shall be 
 posted in three public places in said city. 
 
 925 46a. 
 
 Advertising and publication of proceedings. SECTION 
 925 46a. The council of cities of the second and third classes, 
 and of all cities incorporated under a special charter and having 
 a population in excess of ten thousand and less than fifty thou- 
 sand, shall, on or before the second Tuesday of April in each 
 year, direct the clerk of said city to advertise in the official' news- 
 paper or newspapers, if there be such, and if not, in any news- 
 paper published in such city, for proposals to do the advertising 
 for said city in the English language for the next ensuing year 
 thereafter and for the publication of all ordinances, notices and 
 for all the city advertising required by law or any resolution or 
 ordinance of the council, and also for proposals to publish the 
 proceedings of the council in the English language as may be 
 ordered thereby. Such advertisement shall invite separate bids 
 for the advertising required and for publishing such proceedings, 
 and invite such b'ds from all daily newspapers published regu- 
 larly in said city for at least two consecutive years next prior to 
 the date of the bids, if two or more such papers are published 
 
32 GENERAL CHARTER LAW OF WISCONSIN. 
 
 therein ; and if there be no two such papers, then from all news- 
 papers published regularly at least once a week in said city for 
 not less than two consecutive years next prior to the date of the 
 bids ; and shall require the delivery of such proposals in writing, 
 duly sealed and directed to said clerk, on or before the first 
 Tuesday of May of the then current year. No bids for either 
 kind of work shall be considered by said clerk except from a 
 newspaper which has been so published. Such bond or deposit 
 shall be required with each bid as the council may direct. Said 
 clerk shall, on the first Tuesday of May in each year, at twelve 
 o'clock noon, in the presence of the mayor or an alderman, open 
 all such bids or proposals, and thereupon, in such presence, enter 
 upon a record to be kept by him for that purpose all said pro- 
 posals for either kind of work with the respective prices for 
 which such newspaper or newspapers shall offer to do either the 
 advertising or the publication of said proceedings. And there- 
 upon said clerk shall transmit all such proposals to the council 
 at the next meeting held after the opening thereof, and a state- 
 ment of all such proposals, designating therein the newspaper or 
 newspapers which shall have offered respectively to do such ad- 
 vertising or such publication of proceedings, or both, at the low- 
 est prices for the year ensuing. The council shall thereupon at 
 said meeting by resolution designate and award such advertising 
 and such publication to the newspaper or newspapers published 
 in said city which shall respectively offer to do such advertising 
 and such publication of proceedings, or either thereof, at the 
 lowest price for the year then ensuing. And if two or more bids 
 shall be received for either such advertising or publication for 
 the same price, then such advertising or publication or bnth shall 
 be let to such lowest bidding newspaper or newspapers as the 
 council may elect. And whenever the successful bidder for the 
 advertising or for the publication' of proceedings as aforesaid, 
 or for both, shall have executed the contract, he or they shall ex- 
 ecute and file with the city clerk such bond f:.r the faithful per- 
 formance of such contract as the council may require, and after 
 such contract and bond shall have been duly approved as afore- 
 said such newspaper or newspapers shall thereupon publish all 
 s*uch ordinances, notices, council proceedings and other proceed- 
 ings as are required by the charter, by resolution or ordinance of 
 the council to be published in a newspaper, and which such news- 
 papers shall have contracted to publish for the compensation 
 specified in their proposals and contract, and no lower or higher, 
 and shall receive no other compensation therefor: provided, 
 however, that said council shall reject all bids exceeding legal 
 
GEXKkAL CHARTER LAW OP WISCONSIN. 33 
 
 rates for like work, and in case of the rejection of all bids for 
 either advertising or publication of proceedings for such cause it 
 shall thereupon be the duty of the said council to direct said 
 clerk to readvertise for proposals for such advertising- or publi- 
 cation, as the case may be, in the manner hereinbefore provided, 
 and said clerk shall thereafter transmit to said council the pro- 
 posals so received by him in the manner aforesaid. The said 
 council shall designate the newspaper or newspapers receiving 
 the contract for such advertising as the proper official newspaper 
 or newspapers of the city. 
 
 925 46m. (Ch. 249, 1909.) 
 
 School boards : proceedings ; printing, publication. SEC- 
 TION 925 46m. The official proceedings of regular and special 
 meetings of boards of education in all incorporated cities and 
 villages in this state, including a full statement of all receipts 
 and expenditures, shall be printed and published in such man- 
 ner as the board of education shall direct. 
 
 925 47. 
 
 Proof of publication. SUCTION 925 47. When any ordi- 
 nance, notice, resolution or other proceeding shall have been pub- 
 lished a copy of such publication, together with the affidavit of 
 the printer or his foreman, stating the length of time the same 
 has been published, shall be filed with the city clerk, and such 
 affidavit shall be conclusive evidence of the publication thereof, 
 and the bill for such publication shall not be audited until such 
 affidavit is so filed. 
 
 * 
 
 925 48. 
 
 Duties of other officers. SECTION 925 48. All other of- 
 ficers elected or appointed under and by virtue of the authority 
 of this chapter shall perform such duties as are required to be 
 performed by like officers under these statutes and also such as 
 are prescribed by the council. 
 
 Chapter VII. The Common Council, Its Powers. 
 
 925 49. 
 
 How constituted; ordinances; mayor's vote. SECTION 
 
 925 49. The mayor and aldermen shall constitute the common 
 
 council, and the style of all ordinances shall be: "The common 
 
 council of the city of - - do ordain as follows." Whenever 
 
 3 
 
34 GENERAL CHARTER LAW OP WISCONSIN. 
 
 in this chapter a majority or a certain proportion of the members 
 of the common council is required to take any action or to form a 
 quorum, the mayor shall not be counted in determining such 
 majority or proportion; nor shall the mayor have any vote ex- 
 cept in case of a tie. 
 
 925 49a, (Ch. 190, 1907.) 
 
 Ordinances: style; unfinished business. SECTION 925 
 49a. In cities of the first class the aldermen elected from 
 the various wards and the aldermen at large, when elected in 
 any city, shall constitute the common council and the style of 
 all ordinances shall be "the common council of the city of 
 
 do ordain." The common council shall be a continuing 
 body, and unfinished business pending before it shall not lapse 
 or go down with the council year, but all pending business be- 
 fore the common council, or any committee thereof, at the term- 
 ination of any council year, shall be considered as pending be- 
 fore the common council of the next succeeding council year, 
 or the corresponding committee thereof, and may be acted upon 
 and disposed of by the council of such succeeding year as if 
 no change in the council had taken place, by the expiration of a 
 council year. 
 
 925 50. 
 
 Meetings. SECTION 92550. The council shall hold its first 
 meeting in each year on the third Tuesday of April, and shall 
 thereafter hold a regular meeting on the first Tuesday of each 
 month, and at such other times as the council may direct. The 
 mayor may call a special meeting by a written notice to each of 
 the members, to be served personally or left at their several 
 places of abode at least six hours prior to the time for such 
 meeting. 
 
 925 51. 
 
 Rules; quorum; proceedings; ayes and noes. SECTION 
 925 51. The common council shall determine the rules of its 
 own proceedings. Two-thirds of the members shall constitute a 
 quorum for the transaction of business, excepting in cities where- 
 in the council does not exceed five members, and in such cities a 
 majority of the members thereof shall constitute such quorum, 
 but a smaller number may adjourn ; their sessions shall be open 
 to the public ; the ayes and noes may be required by any mem- 
 ber ; and on the adoption of any ordinance or resolution assessing 
 or levying taxes or for the appropriation or disbursement of 
 
GENERAL CHARTER LAW OF WISCONSIN. 35 
 
 money or creating any liability or charge against the city or any 
 fund thereof the vote shall be taken by ayes and noes, and every 
 such vote shall be entered at length upon the journal. The 
 council shall be the judge of the election and the qualifications 
 of its own members, and may punish them or other persons 
 present by fine for disorderly behavior ; may compel the attend- 
 ance of its members upon its meetings, and employ the police of 
 the city for that purpose; may fine or expel any member for 
 neglect of duty as such member or for unnecessary absence from 
 sessions of the council. At all confirmations by the council the 
 vote shall be taken viva voce and shall be recorded by the clerk 
 in the journal; a concurrence -of a majority of all the members 
 shall be necessary to a confirmation. 
 
 925 52. 
 
 Powers of council, enumeration of. SECTION 925 52. The 
 council shall have the management and control of the finances 
 and of all the property of the city, except as herein otherwise 
 provided, and shall likewise, in addition to all other powers here- 
 in and elesewhere in these statutes vested in them, have full 
 power and authority to make, enact, ordain, establish, publish, 
 enforce, alter, modify, amend and repeal all such rules, by-laws 
 and regulations for the government and good prder of the city, 
 for the benefit of its trade and commerce, and health of the in- 
 habitants thereof, for the prevention of crime and for carrying 
 into effect the powers vested in said council as they shall deem 
 expedient; such council shall have power to declare and impose 
 penalties and enforce the same against any person or persons 
 who may violate any of the provisions of such ordinances, rules, 
 by-laws or regulations; and such ordinances, rules, by-laws and 
 regulations shall have the force of law, provided that they 
 be not repugnant to the constitution of the United States 
 or of this state or of the la.ws thereof; and for the aforesaid pur- 
 poses such council shall have authority by ordinance, resolution, 
 by-law or regulation : 
 
 1. To license, regulate or prohibit the .exhibition of common 
 showmen or shows <!' any kind, or exhibitions of caravans, cir- 
 cuses or theatrical performances, billiard tables, bowling saloons, 
 nine or ten pin alleys, and provide for the abatement and re- 
 moval of the same under the ordinances of said city and the 
 laws of the state; and may grant licenses for and regulate arro- 
 ceries, tavern keepers, keepers of ordinaries, saloons, victualing 
 houses or other houses or places for the selling or giving away of 
 spirituous, vinous or fermented liquors; provided, that in case 
 
36 GENERAL CHARTER LAW OF WISCONSIN. 
 
 an application for a license is denied the council shall not have 
 authority, until after the succeeding first day of May, to grant 
 any license for dealing in or vending such liquors by the same 
 person at the same place ; provided further, that the council may 
 establish saloon limits by ordinance, which said limits shall not 
 be extended except by a vote in favor of the same of three- 
 fourths of all the members thereof; and provided further, that 
 no such license shall be granted except by a majority vote of all 
 the members of the council ; and the person to whom it is granted 
 shall give a bond in such form, in such sum and with such con- 
 ditions as the council may determine, with two or more sureties, 
 and no person shall sign more than one bond as principal or two 
 bonds as surety. 
 
 2. To restrain, prohibit or suppress all descriptions of gamb- 
 ling and fraudulent devices and practices. 
 
 3. To license, regulate, suppress or prohibit concerts or other 
 musical entertainments by itinerant persons or companies, ex- 
 hibitions of natural or artificial cur o :ities and all other exhibi- 
 tions and amusements. 
 
 4. To prevent and suppress riots, noise, disturbance or dis- 
 orderly assemblages and disorderly houses and houses of ill-fame. 
 
 5. To compel the owner or occupant of any grocery, cellar, 
 tallow chandler's shop, soap factory, tannery, stable, barn, privy, 
 sewers or other unwholesome or nauseous bouse or place to 
 cleanse the same from time to time, or remove or abate the 
 same, as it may deem necessary for the health, comfort and con- 
 venience of the inhabitants of said city. 
 
 6. To direct the management of and regulate breweries, tan- 
 neries and packing-houses, and direct the location, management 
 and construction of, and regulate, license, restrain, abate or pro- 
 hibit within the city and within a distance of four miles there- 
 frcin T distilleries, slaughtering establishments, glue factories, es- 
 tablishments for cleaning or rendering lard, tallow, offal and 
 such other substances as can or may be rendered, and all estab- 
 1'shments or places where any nauseous, offensive or unwholesome 
 business may be carried on; provided, that the Milwaukee, 
 Menominee and Kinnickinnic rivers with their branches to the 
 outer limits of the county of Milwaukee, and all canals connect- 
 ing with sa'd rivers, together with the lands adjacent to said 
 rivers and canals or within -one hundred yards thereof, shall be 
 deemed to bo within the jurisdiction of the city of Milwaukee. 
 
 7. To direct the location and management of public markets. 
 
 8. To regulate butchers and regulate or restrain the sale of 
 game, poultry, fresh meat, vegetables, fish, butter, fruit and 
 
GENERAL CHARTER LAW OF WISCONSIN. 37 
 
 other provisions within the city, and appoint an inspector or 
 inspectors of food and prescribe their duties and compensation, 
 and cause the seizure and destruction or other disposition of 
 tainted or unwholesome meat, butter, vegetables, fruit or pro- 
 visions. 
 
 9. To direct or prohibit the location and management of 
 houses for the storage of gunpowder and other dangerous and 
 combustible materials. 
 
 10. To regulate or restrain the keeping and conveying of gun- 
 powder and other combustible and dangerous materials and the 
 use of candles and lights in barns, stables and outhouses. 
 
 Storage of acids; fire apparatus. lOa. (Ch. 55, 1903.) 
 It shall be lawful for all cities within this state by ordinance, 
 to license the storage and use of nitric, sulphuric and other 
 acids, the fumes or vapors from which will cause death to human 
 beings by inhalation, and to regulate the storage thereof, and for 
 all cities of the first class by ordinance to provide buildings with 
 a sufficient number of automatic stream and distributing noz- 
 zles, such buildings and the number of nozzles to be determined 
 by the chief of the fire department and building inspector of 
 said cities. 
 
 I'l. To prohibit the shooting of fire-arms and crackers and the 
 exhibition or use of any fireworks at any time or in any man- 
 ner which may be considered- by the council dangerous to the 
 city or to any property therein or annoying to the citizens 
 thereof. 
 
 12. To prohibit the incumbering of the streets, sidewalks, 
 lanes, alleys, public grounds, wharves and docks with carriages, 
 carts, wagons, sleighs, sleds, wheelbarrows, bicycles, boxes, lum- 
 ber, firewood, timber, posts, signs, awnings or any substance or 
 material or in any manner whatsoever. 
 
 13. To prohibit horse-racing and immoderate riding or driv- 
 ing in the streets. 
 
 14. To prohibit and punish the abuse of animals. 
 
 15. To compel persons to fasten their horses, oxen or other 
 animals attached to vehicles or otherwise while standing or re- 
 maining in any street, alley or public ground. 
 
 16. To regulate and determine the times and places of bath- 
 ing and swimming in the canals, rivers, harbors or other waters 
 in and adjo-ining the city, <and to prevent any obscene or in- 
 decent exposure or conduct. 
 
 17. To restrain and punish vagrants, mendicants, street beg- 
 gars and prostitutes, and restrain drunkards, immoderate drink- 
 
38 GENERAL CHARTER LAW OF WISCONSIN, 
 
 ing or obscenity in the streets or public places, and provide for 
 arresting, removing and punishing any person or persons who 
 may be guilty of the same. 
 
 18. To prohibit the running at large of dogs and authorize 
 the destruction of the same in a summary manner when at large 
 contrary to the ordinances. 
 
 19. To provide for licensing the keeping of dogs at a rate of 
 not less than one dollar nor more than ten dollars a year for 
 each dog, require that a badge or token be carried by each li- 
 censed dog, and provide for the secure muzzling of licensed or 
 unlicensed dogs. 
 
 20. To license and regulate hackmen, draymen, cartmen, port- 
 ers, ominibus drivers, cabmen and carmen, whether in the per- 
 manent employment of <any corporation or not, and any other 
 person who may pursue a like occupation, with or without vehi- 
 cles, prescribe their compensati-coi and establish and change from 
 time to time stands for hacks and other public vehicles. 
 
 21. To prohibit or regulate the rolling of hoops, flying of kites, 
 playing of ball or other amusements or practices having a tend- 
 ency to annoy persons passing on the streets or sidewalks or to 
 frighten teams and horses. 
 
 22. To regulate, control or prohibit the landing of persons 
 from boats or vessels wherein are contagious or infectious dis- 
 eases or disorders, and make such disposition of such persons 
 a,s to preserve the health of the inhabitants of said city ; and also 
 to make regulations to prevent the introduction of contagious 
 diseases into the city or the spread of the same therein ; to make 
 quarantine laws or regulations and enforce the same within the 
 city and not to exceed five miles beyond the city limits. 
 
 23. To establish hospitals and provide for their regulation and 
 support. 
 
 24. To do all acts and make all regulations which may be 
 ^necessary or expedient for the preservation of health and the 
 "suppression of disease. 
 
 25. To regulate the burial of the dead and the registration of 
 births and deaths; purchase and hold ground for cemeteries 
 within or without the city limits and exercise jurisdiction and 
 control thereof; direct the returning a,nd keeping of bills of 
 mortality, and impose penalties on physicians, sextons and others 
 for any default in the premises. 
 
 26. To regulate, restrain or prohibit the running at large of 
 cattle, horses, mules, swine, sheep or other animals, and authorize 
 the distraining, impounding and sale of the same for the penalty 
 incurred and the costs of proceedings, and also to impose pen- 
 
GENERAL CHARTER LAW OF WISCONSIN. 39 
 
 alties on the owners of any such, animals for a violation of any 
 such ordinance. 
 
 27. To regulate the holding of public auctions. 
 
 28. To prescribe and regulate the construction of sjewers 
 within the city. 
 
 2!). (Ch. 37, 1909.-) To locate, purchase sites, and let con- 
 tracts for the erection and construction of public buildings, ac- 
 quire by gift, grant, devise, donation, purchase, or condemna- 
 tion lands, or Itie equity of redemption therein for public parks, 
 -playgrounds and other public purposes, and sell, dispose of, and 
 convey the same ; and to /told and redeem for said purposes any 
 suck equity heretofore or /tereafter purchased. 
 
 The acquisition or retention of such equity of redemption shall 
 not, however, create any liability on the part of the city to pay, 
 satisfy, or discharge any bonds issued or any mortgage or trust 
 deed upon said lands executed prior to the purchase of such 
 equity, nor shall said bonds, wortagage, or trust deed be deemed 
 or construed to l)e an indebtedness or liability against said city. 
 
 30. To lay out, make, open and keep in repair, alter or dis- 
 continue any highways, streets, lanes and alleys, keep them free 
 from incumbrances and protect them from injury. The pro- 
 visions uf section 904: shall apply to proceedings for discontinu- 
 ing highways, streets, lanes or alleys as herein provided. 
 
 * 
 
 Streets, sidewalks, electric wires (Ch. 119, 1907). 31. 
 To establish and alter the grade of streets and sidewalks; regu- 
 late the manner of using the streets and pavements; protect 
 the same from injury by vehicles used thereon; require 
 standaid sidewalks to be laid upon such street or streets or 
 part thereof as it may prescribe; declare any sidewalk or part 
 thereof unsafe, defective or insufficient, and that the same be 
 removed and replaced with a new standard sidewalk or one 
 as good as the standard, to be approved by the board of pub- 
 lic works, at the expense of the owner or owners of the lots 
 or parcels of land abutting upon that portion of the street or 
 streets upon which said sidewalk is ordered to be built or re- 
 moved, and cause the expense thereof incurred by the city in 
 front of each said abutting lot or parcel of land to be charged 
 to such lot or parcel of land as a special tax and collected like 
 other city taxes upon real estate ; all proceedings as to the con- 
 struction of sidewalks and the collection of the cost thereof to 
 conform to the provisions of sections 925 201 to 925 207 in- 
 clusive; and to establish districts, in cities of the first, second 
 and third classes and in all cities of the fourth class having a 
 
40 GENERAL CHARTER LAW OF WISCONSIN. 
 
 population, according t<> tin /<// *lat< or federal census of fire 
 thousand inhabitants or over, within which all electric light or 
 power, telephone, telegraph or other wires may in the same 
 ordinance establishing sueh districts he ordered to he placed 
 under ground and all poles now or hereafter used to support 
 sueh wires shall he removal In in the streets in such districts, 
 and to provide a penally toi the violation of the provisions of 
 
 :V2. To name or change the name of any street. 
 
 :W. To make and establish public p und<. pumps, wells, cis- 
 terns and reservoirs, provide for the erection, maintenance and 
 operation nf watei-weiks for the supply of water to the inhab- 
 itants of the city, to supply such city with water for fire pro- 
 tection and other purposes: and to secure the erection of water- 
 works said city may. by contiact or ordinance, grant to any 
 person. pers n>. company or corporation the full right and 
 privilege to build and own such water-works and to maintain, 
 operate and icgulate the same; and in doing so to use the 
 streets, alleys and br'dges of the city in laying and maintaining 
 the necessaiy pipe lines and hydrants for such term of years 
 and on such conditions as may be prescribed by such crdinanee 
 or contract : and may also by contract or ordinance provide for 
 supplying liom such water-works the city with water for fire 
 protection and for other puipovs. and also the inhabitants 
 thereof with water for such term of years, for such price, in 
 such manner and subject to such limitations as may be fixed 
 thereby. 
 
 34. (Ch. 209, 1905.) To provide for lighting the streets. 
 public grounds and buildings with gas or otherwise, and heat- 
 ing buildings with steam or otherwise and for furnishing light 
 and heat to the inhabitants of such city upon such terms as 
 may be provided by ordinance; and for such purpose may 
 own and operate its own lighting and heating plants, or con- 
 tract by ordinance or otherwise with any person, persons, com- 
 pany or corporation, for a term not exceeding ten years at any 
 one time, at such price, on such terms and subject to such limi- 
 tations as may be prescribed by such ordinance or contract; 
 Provided, that the foregoing provision for furnishing light and 
 heat to the inhabitants shall not apply to cities of the first class. 
 
 of>. To estahlish and regulate boards of health. 
 
 ;*b'. To provide for the abatement or removal of all nuisances 
 under the ordinances or at common law. and the punishment of 
 the authors thereof or persons continuing the same bv penalties 
 of fine or imprisonment, and define and declare what shall be 
 
GENERAL CHARTER LAW OF WISCONSIN. 41 
 
 deemed nuisances; but nothing herein shall be construed to oust 
 {i ny court (,!' jurisdiction to enjoin or direct the abatement and 
 removal of nuisances in the streets or any other part of the city 
 or within its jurisdiction by indictment or otherwise. 
 
 :\1. To prohibit any per- n from bringing, depositing or hav- 
 ing within the limits of the city any putrid carcass or other 
 unwholesome substance, and require the removal or destruction 
 of the same by any person who shall have upon or near- his prem- 
 ises any such substances, or any putrid or unsound rX'of, pork, 
 fisli or hides, and on his default, authorize the removal or de- 
 struction thereof by some officer or officers of the city at the 
 expense of such petson or persons. 
 
 UH. To prohibit the ringing of bells, blowing of horns and 
 bugles, crying of g .ods, and all other noises, performances and 
 devices tending to the collection of persons on the streets or 
 sidewalks by auct'oneers or others for the purpose of business, 
 amusement or <.1herwi:-e. 
 
 .'W. To regulate or prohibit the use of steam whistles within 
 the limits of the city. 
 
 40. To piovide for sprinkling the streets at the cost of the 
 city or ol the lots < r parts of lots flouting thereon. 
 
 41. To compel the owners or occupants of buildings or grounds 
 to remove and keep snow, ice, dirt or rubb'sh from the sidewalV, 
 street, or alley opposite thereto, and to remove from the lots 
 owned or occupied by them all such substances as the board of 
 health shall direct ; and, on their default, authorize the removal 
 or destruetion thereof by some officer of the city at the expense 
 of such owners or occupants. 
 
 42. To prohibit all persons from riding or driving any horse, 
 ox, mule or other animal on any sidewalk in said city or in any 
 way doing da.mage to such sidewalks. 
 
 43. To regulate the sale of bread within the city, prescribe 
 the si/o and weight of bread in the haf arid the quality of the 
 same, and provide for the sei/ure and forfeiture of bread bilked 
 contrary to such regulations. 
 
 44. To require every merchant, reta'ler, trader and dealer in 
 merchandise or property of any description which is sold by 
 measure or weight to e;iuse his weights and measures to be 
 sealed. ;nid provide lor the punishment of persons using false 
 weights and measures. The standard <>f such weights and meas- 
 ures shall be conformable to those established by law. 
 
 4.1. To regulate the weighing ;md sale of hay, coal and lime, 
 and the places thereof; the measuring and sale of wood; the 
 cutting and sale of ice ;md to restrain the sale of impure ice. 
 
42 GENERAL CHARTER LAW Otf WISCONSIN. 
 
 46. To license and regulate auctioneers, distillers, brewers and 
 pawnbrokers and keepers or proprietors of junk shops and 
 places for the sale and purchase of second-hand goods, wares 
 and merchandise. 
 
 47. To license, regulate or restrain hawkers, peddlers and run- 
 ners or solicitors for steamboats, vessels, cars, railroads, stages, 
 public houses and other establishments, and other runners or 
 solicitors for mercantile houses from other cities or towns for 
 the sale of goods, wares and merchandise by sample, order or 
 otherwise; and keepers or proprietors of gift book stores, gift 
 concerts and other gift enterprises; fix and regulate the amount 
 of licenses under this subdivision, prescribe the time for which 
 such licenses shall be granted, provide and enforce penalties for 
 carrying on either of said trades, kinds of business or employ- 
 ments without license, and regulate the manner in which they 
 shall be carried on; provided, that no such license shall be 
 granted for a less term than three months nor for a longer term 
 than one year. 
 
 48. To regulate or prohibit the keeping of any lumber yard 
 and the placing, piling or selling of lumber, timber, wood or 
 other combustible material within the fire limits of said city. 
 
 49. To provide for the inspection and regulation of stationary 
 steam-engines and boilers. 
 
 50. To provide for the appointment of inspectors, weighers 
 and gangers, regulate their duties and prescribe their fees. 
 
 51. To regulate the use of locomotive engines within the city, 
 direct and control the location of railroad tracks in the streets, 
 regulate the speed of railway trains within the city and require 
 railway companies to construct and maintain at their own ex- 
 pense such bridges, viaducts, tunnels or other conveniences at 
 public railroad crossings as the council may deem necessary; 
 also to regulate the running of street railway cars, the laying 
 down of tracks for the same, the transportation of passengers 
 thereon and the kind of rail to be used. 
 
 52. To provide for the appointment of watchmen and police- 
 men, regulate the police and prescribe their duties. 
 
 53. To compel the owners and occupants of all houses, stores 
 and other buildings to number the same in such manner as the 
 council may from time to time prescribe. 
 
 54. To declare the weed commonly called the Canada thistle 
 and other noxious plants and weeds in the city a public nui- 
 sance and provide for the abatement of the same, as the city is 
 authorized by law to abate other nuisances. 
 
 55. (Ch. 99, 1903.) To direct and regulate and require the 
 
GENERAL CHARTER LAW OF WISCONSIN. 43 
 
 planting and preserving of ornamental shade trees in and along 
 the streets and on the public grounds, and may require traces to 
 be planted by the owners of lots in front of said lots and all im- 
 proved, streets and may plant trees and charge the expense there- 
 of against the lot and may authorize all of said work to be done 
 by and under the jurisdiction of the park commissioner. 
 
 56. To erect and construct, or permit, cause or procure to 
 be erected and constructed, float, pivot or draw bridges over the 
 navigable or other waters within the jurisdiction of the city, 
 keep the same in repair and regulate the use there'of; said 
 bridges to have draws of suitable width when necessary for the 
 purposes of navigation. 
 
 f>7. To provide fo/ the preservation of any harbor within or 
 of the city ; prevent any use o<f the same or of such part of any 
 lake, river, stream, spring or pond as is within the city or any 
 action in relation thereto inconsistent with or detrimental to 
 the public health or calculated to render the water of the same 
 or any part thereof impure or offensive, or tending in any de- 
 gree to fill up or obstruct the same; prohibit and punish the 
 casting or depositing therein of any earth, dead animals, ashes 
 or other substance, or filth, logs or floating matter; prohibit and 
 remove all obstructions therein and provide for the punishment 
 of the authors thereof; rcgulale and prescribe the mode and 
 speed of vessels entering and leaving, the harbor, of passing the 
 bridges and or' coming to and departing from the wharves and 
 streets of the city by steamboats, canal boats and other craft 
 and vessels, and the disposition of the sails, yards, anchors and 
 appurtenances thereto while entering, leaving or abiding in the 
 harbor, and regulate and prescribe by such ordinances or 
 through their harbor-master or other authorized officer such lo- 
 cation of every canal-boat, steamboat or other craft afloat, and 
 such changes of situation in and use of the harbor as may be 
 necessary to promote order therein and the safety and equal 
 convenience, as near as may be, of all such vessels, boats, craft 
 and floats, and impose penalties not exceeding one thousand 
 dollars for any offense against such ordinance, and by such or- 
 dinance to charge such penalties, together with such expenses 
 as may be incurred by the city in enforcing this subdivision, 
 upon the steamboat, canal-boat or other vessel, craft or float. 
 
 58. To establish dock lines, regulate the construction of piers 
 and wharves extending into any lake or navigable waters, pre- 
 scribe and control the prices to be charged for pierage or wharf- 
 age thereon, and regulate, prescribe and control the prices to 
 be charged for dockage and storage within the city.. 
 
44 GENERAL CHARTER LAW OF WISCONSIN, 
 
 59. To lease the wharfing privileges of the rivers and navi- 
 gable waters at the ends of streets upon such terms and condi- 
 tions as may be reserved in the leasing of other real estate, re- 
 serving such rent as may be agreed upon and employing such 
 remedies in case of non-performance of any covenants in such 
 case as are given by law in other cases; but no buildings shall bi: 
 erected on the ends of streets. The owner or owners of the ad- 
 joining lot or lots shall in all cases have preference in leasing 
 such property, and a free passage over the same for all persons, 
 with their baggage, shall be reserved in such lease. 
 
 60. To authorize the taking up and to provide for the safe- 
 keeping and education, for such perirds of time as may be 
 deemed expedient, of -all children who are destitute of proper 
 parental care and growing up in mendicancy, ignorance, idle- 
 ness or vice. 
 
 61. To authorize the arrest, fine and imprisonment of vag- 
 rants or persons who, not having visible means to maintain 
 themselves, are without employment, idly loitering or rambling 
 about or staying in groceries, drinking saloons, houses of ill- 
 fame, houses of bad repute, gambling hi/uses, railroad depots, 
 fire-engine houses or other buildings or structures, or who shall 
 be found trespassing in the night-time upon the private prem- 
 ises of- others, or begging or placing themselves in the streets 
 or other thoroughfares or public places to beg or receive alms; 
 also keepers, exhibitors or visitors at any gaming table, gaming 
 house or place of fortune telling or cock-fighting, and all persons 
 who go about for the purpose of gaming, or who shall have in 
 their possession any article or thing used for obtaining money 
 under false pretenses, or who shall disturb any place where pub- 
 lic or private schools are held either on week day or Sunday, or 
 places where religious worship is held. 
 
 62. To prohibit the carrying of concealed weapons and pro- 
 vide for the confiscation or sale of such weapons. 
 
 63. To control and regulate the construction of buildings, 
 chimneys and smokestacks, and prohibit the erection or making 
 of any insecure or unsafe building, stack, wall or chimney in the 
 city, and declare them nuisanc.es and provide for their summary 
 abatement. 
 
 64. To regulate or prohibit the use of any hall, theater, opera 
 house, church, school-house or building of any kind whatsoever 
 to be used for the assemblage of people unless the same is pro- 
 vided with ample means for the safe and speedy egress of per- 
 sons therein assembled, in case of alarm. 
 
 65. To improve such portions of any lake or river as are' 
 
GENERAL CHARTER LAW OF WISCONSIN. 45 
 
 within the cily and establish the shore lines thereof so far as 
 existing shores are marsh. 
 
 66. (Ch. Cl, 1S99.) To regulate bicycles and the use thereoi 
 upon the streets and public places, and provide for the use of 
 bells and lights thereon. 
 
 67. No council shall have power to permit the running at 
 large upon the streets or public grounds of the city of any cat- 
 tle, 'horses, mules, asses, hogs 1 , sheep, goats, geese or poultry. 
 
 68. Laws, ordinances, regulations and by-laws shall be adopted 
 by an affirmative vote of a majority of all the members of the 
 council and shall, within fifteen days 'after their passage, be 
 published in the official paper or papers of said city before the 
 same shall be in force. 
 
 69. (190, 1907.) In cities rf the first class the common council 
 shall have power by ordinance duly passed in addition to the 
 powers now possessed, 
 
 (a) To declare certain streets, boulevards and thorough- 
 fares and to limit the use thereof; to prohibit heavily laden 
 wagons or other conveyances from passing, being hauled or pro- 
 pelled thereon. All streets heretofore declared by law, boule- 
 vards, and the use thereof limited, shall continue as such until 
 the acts designating the same as such are repealed. 
 
 (b) In such cities owning or which may hereafter own water- 
 works, by ordinance adopted by a two-thirds vote of all the 
 members elect, to fix uniform rates to be paid for the use of 
 water furnished by such city. 
 
 (c) To establish public decks and to regulate the use of the 
 same. 
 
 Cd) To issue bonds for doing; such dredging and docking 
 and the purchasing and establishing of publ'c docks and the 
 making of such ( ther harbor improvements as such city may 
 do or make. 
 
 70. (Ch. 244, 1907.) School houses and grounds appurten- 
 ant thereto, under the direction of the proper school authorities, 
 may be used f v r public meeting:? -of a social and educational 
 nature in addition to the purposes for which such buildings 
 are now authorized to be used. 
 
 Bill boards. 71. (Ch. 302, 1907.) To license and regulate 
 bill boards and may limit the size and determine the location 
 thereof. 
 
 925 52h. (Ch. 671, 1907.) 
 
 Cities, second, third class: police pensions. SECTION 
 925 52h. In every city of the second or third class in this 
 
46 GENERAL CHARTER LAW OF WISCONSIN. 
 
 state, however incorporated, the common council shall make 
 provision annually and from time to time as may be needed for 
 the pensioning of disabled and superannuated members of police 
 departments and the widows and orphans of deceased members 
 thereof. 
 
 925 52i. (Ch. 671, 1907.) 
 
 Sources of pension fund. SECTION 925 52i. For the 
 purpose of establishing a permanent police pension fund said 
 common councils shall cause to be set apart and to be retained 
 and set apart by the treasurers of such cities all moneys re- 
 ceived from dog licenses and one per cent, of all moneys received 
 from all other licenses. There shall be deducted from the 
 monthly pay. of each member of the police department a sum 
 equal to one per cent, of such monthly pay, which shall be 
 added to such fund ; also all moneys deducted for time lost 
 by members on account <.f sickness; and there shall also be 
 paid and added to said fund all rewards earned and received 
 by members of such departments, and all moneys received from 
 sales of unclaimed property; and any and all moneys and 
 property of every nature devised, bequeathed or donated there- 
 to. 
 
 925 52j. (Ch. 671, 1907.) 
 
 Board of trustees: members, accounts, SECTION 925 
 52j. The mayor, treasurer and city comptroller, when no comp- 
 troller the city clerk, the chief of police and three active mem- 
 bers of the police department of any such city, shall constitute 
 and be a board by the name of the board of trustees of the 
 
 policemen's pension fund of the city of The three 
 
 members of the board from the police 'department shall be 
 elected annually, by ballot, at least three days before the annual 
 election of .the officers is held. Each member of such police de- 
 partment shall be entitled to vi.<te for such three members of the 
 board upon one ballot, and the three candidates receiving the 
 highest number of votes shall be elected. The said board shall 
 annually select from among their number a president and a 
 secretary, and in case of a vacancy occurring during the term, 
 the same shall be filled by the board. The city treasurer shall 
 be ex-officio treasurer of said board and shall be custodian of 
 said fund and shall be liable therefor upon his bond as for 
 other moneys officially in his possession. He shall keep books 
 and accounts concerning such funds in such a manner as the 
 said board shall direct, and the said books and accounts concern- 
 
GENERAL CHARTER LAW OP WISCONSIN. 47 
 
 ing said funds shall always be subject to the inspection of said 
 board or any member thereof. 
 
 925 52k. (Ch. 671, 1907.) 
 
 Powers; rules. SECTION 925 52k. Said boards .shall have 
 exclusive control and management of the fund mentioned in 
 this act and all money donated, paid or assessed for the relief 
 or pensioning of disabled, superannuated or retired members of 
 the police departments of such cities, their widows and children, 
 shall be placed by the treasurers of such cities to the credit of 
 such fund subject to the order of such boards. The said boards 
 shall make all the needful rules and regulations for their govern- 
 ment in the discharge of their duties and for the control of such 
 funds; and shall hear and decide all applications for pensions 
 under this act. Each board shall cause to be kept by its sec- 
 retary a record of all its meetings and proceedings. 
 
 (Ch. 671, 1907.) 
 
 Investment in bonds; custodian of securities. SECTION 
 925 521. The said board shall have power to withdraw said 
 fund from the city treasury and to cause the same or any part 
 thereof to be invested and from time to time re-invested in 
 the name of the city in interest bearing bonds of the United 
 States or of the state of Wisconsin, or of any county, township 
 or municipal corporation of said state ; and all securities taken 
 upon any such investments shall be deposited with the treasurer 
 of the city, togetlu r with, any intent 1 and gains derived there- 
 from, and shall be subject to the order of the said beard for 
 the purposes of this act. 
 
 (Ch. 671, 1!)07.) 
 
 Rewards and gifts of property as sources; permanent 
 fund. SECTION 925 52m. All rewards in moneys, fees, gifts 
 or emoluments that may be paid or given for or on account of 
 any service of said police departments, or any member thereof, 
 except when allow ed to be retained by said member by resolu- 
 tion of said boards, or given to endow a, modal or other per- 
 manent c; nipelitive reward, shall be pa.id into said fund and con- 
 stitute a part thereof. The said hoards may take by grant, gift, 
 devise or bequest, any money, real eslale, personal property, 
 right of property or other valuable thing the amount or value 
 of which shall not exceed fifty thousand dollars. And said 
 money, real estate, personal property, right of property or other 
 valuable thing so obtained shall be paid into said fund and 
 
48 GENERAL CHARTER LAW OF WISCONSIN. 
 
 treated as a part thereof for the use of said funds; provided, 
 that when the sum of fifty thousand dollars has been accumu- 
 lated in any of said funds, from any source, it shall be retained 
 as -a permanent fund, and thereafter the annual income -there- 
 from in addition to the other sums received for said purposes, 
 shall be available for the use and purpose of such pension fund, 
 and until any of such funds shall amount to the sum of fifty 
 thousand dollars the principal and interest derived therefrom 
 may be used for the payment of pensions provided for by this 
 act. 
 
 Applications for pension. SECTION 925 52n. The said 
 board shall, in accordance with such needful rules and regula- 
 tions as it may establish therefor, hear and decide all applica- 
 tions for relief or pensions under this act. 
 
 925 52o. (Ch. 671, 1907.) 
 
 Warrants. SECTION 925 52o. It shall be the duty of the 
 mayor or president of the board of trustees or city clerk or 
 comptroller or other officer or officers of any of said cities who 
 are or may be authorized by law to draw warrants upon the 
 treasurer of such city, upon request made in writing by said 
 board, to draw warrants upon the treasurer of such board for 
 all funds in the hands of the treasurer of such c'.ty belonging 
 to said pension fund. 
 
 925 52p. (Ch. 671, 1907.) 
 
 Disabled policemen: retirement; pension. SECTION 925 
 52p. If any member of the police department while engaged 
 in the performance of his active duty as such policeman be in- 
 jured and found upon examination by a medical officer or- 
 dered by said board, to be physically or mentally permanently 
 disabled by reason of such injury so as to render necessary his 
 retirement from service in such department, such board shall 
 retire such disabled member from service; provided no such 
 retirement on account of disability shall occur unless the mem- 
 ber has contracted such disability within the hours of each 
 day or night when he is required to be on active duty by tha 
 rules of the department or while he / is engaged in the perfor- 
 .mance of "emergency duty" during his regular "off hours." 
 Upon said retirement the board shall order payment to such 
 retired member monthly of a sum equal to one-half the monthly 
 compensation allowed such member as salary at the date of his 
 retirement. 
 
GENERAL CHARTER LAW OF WISCONSIN. 49 
 
 925 52q. (Ch. 671/1907.) 
 Widows, orphans; pensions; marriages; part payments. 
 
 SECTION 925 52q. 1. If any member of such police depart- 
 ment shall, while in the performance of his duty, be killed or 
 die as the result of an injury received in the line of his duty 
 as described in the preceding section ; or, if any member of 
 such department after ten years' service in such 'department 
 shall die from any cause whatever while in the service ; or if 
 any member shall die -from any cause whatever after having 
 IMMMI retired upon a pension under the provisions of this act, 
 and shall leave a widow or minor child or children under the 
 age of sixteen years surviving, the said board shall direct the 
 payment from said pension fund of the following sums monthly, 
 t'vwit: to the widow, a sum equal 'to one-third of the monthly 
 pay of the deceased member at the t : me of his death; to the 
 guardian of such minor child or children, six dollars for each 
 child until it reach the age of sixteen years. 
 
 2. In case of the re-marriage or death of the widow, then 
 the amount that she may be entitled to by the provisions of 
 this act shall be pa ! d to and for the benefit of such minor child 
 or children of the deceased father as are under the age of six- 
 teen years. 
 
 3. There shall not be paid to the family of a deceased member 
 t\ total pension exceeding one-half of the amount of the monthly 
 salary of such deceased member at the time of his death ; or, 
 if a retired member, a sum exceeding one-half of the monthly 
 salary of such retired member at the date of his retirement; 
 pn vided, however, that if a pensioner shall marry after his 
 retirement from service and shall thereafter die, leaving a 
 widow, such widow shall not be entitled to any relief or pen- 
 sion from such fund. 
 
 4. If at any time there shall not be sufficient money in such 
 fund to pay each person entitled to the benefits thereof the full 
 amount per month as hereinbefore provided, then and in that 
 event an ennal percentage of such monthly payments shall be 
 made to each pensioner or beneficiary thereof until said fund 
 shall be ropVnish<>d to warrant the payment in full to each of 
 such beneficiaries. 
 
 925 52r. (Ch. 671, 1907.) 
 
 Pensions after twenty-two years service: limitations. 
 
 SECTION 925 52r. Any member of the police department of 
 
 any such city after having served twenty-two years or more 
 
 in such department, may make application to said board to be 
 
 4 
 
50 GKXKRAL CHARTER LAW OF WISCONSIN. 
 
 retired from Mich department, or, lie m;iy be retired by the said 
 board of its own motion; in either of which eases the said 
 board shall order and direct that such member shall be paid 
 a monthly pension of a sum equal to one-half of the monthly 
 compensation allowed such member as salary at the date of his 
 retirement; or if any member shall be discharged after serv- 
 ing twenty-two years or more, the said board shall order or 
 direct that such person shall be pa'd a monthly pension equal 
 to one-half the monthly compensation allowed to such member 
 as salary at the date of his discharge. The said board, upon 
 the recommendation of the chief of police, shall have the power 
 to assign any member retired or drawing pension to the per- 
 formance of light duties in such department where in their 
 judgment it shall be advisable. No person shall be entitled to 
 receive any benefit from any such pension fund other than that 
 prescribed by this act; and in no event shall any allowance be 
 paid any widow after her re-marriage, or to any minor child 
 after it attains the age of sixteen years. 
 
 925 52s. (Ch. 671, 1907.) 
 
 Pensions exempt from legal process. SECTION 925 52s 
 No sum of money due or to become due to any pensioner under 
 this act shall be liable to attachment, levy or seizure by or 
 under any legal or equitable process whatever, whether the 
 same remains with the city treasurer or his agent, or is in 
 course of transmission to the pensioner entitled thereto, or is 
 in the possession of the pensioner, but shall inure wholly to the 
 benefit of such pensioner. 
 
 925 52t. (Ch. 671, 1907.) 
 
 Witness; attendance; clerk hire; printing. SECTION 925 
 52t. Said boards herein provided for shall in addition to 
 other powers herein granted, have power to compel witnesses 
 to attend and testify before it upon all matters connected with 
 the operation of this act n the same manner as is or may be 
 provided by law for the taking of testimony before notaries 
 public ; and its president or any member of said board may ad- 
 minister oaths to such witnesses. The said board shall have 
 power to appoint a clerk and shall provide for the payment of 
 all its necessary expenses, including clerk hire and printing, 
 from said funds, provided that, no compensation or emolument 
 shall be paid. to any member of said board for any duty re- 
 quired or performed under this act, 
 
GENERAL CHARTER LAW OF WISCONSIN. 51 
 
 925 52u. (Oh. 671, 1907.) 
 Old pension funds; transfer. SECTION 925 52u. In all 
 
 cities of the second or third classes having paid police depart- 
 ments, in which prior to the passage of this act a pension fund 
 hiis been created under existing laws, and pursuant to which 
 laws moneys have been collected and are now held by the proper 
 officers of any such policemen's pension fund, all such funds 
 either in money or securities shall, immediately upon the pas- 
 sage of this act, be paid over and transif erred to the proper 
 officers mentioned and provided for in this act, who shall have 
 power to receive, sue for, and collect the same; and such funds 
 shall be devoted to the purposes herein mentioned and pre- 
 scribed. All pensions heretofore provided for in cities of the 
 second, third or fourth class by the officers of board of any 
 such policemen's pension fund shall be continued pursuant to 
 the provisions of law existing at the time such pensions were 
 oideied and provided for. Any pending or ungranted claim 
 heretofore existing or made for a- pension on or out of any 
 policemen's pension fund heretofore existing, is hereby con- 
 tinued, and if established or allowed, shall be paid out of the 
 fund herein provided for pursuant to the provisions of law 
 existing at the time such claim arose. 
 
 925 52v. (Ch. 671, 1907.) 
 
 Scope of act. SECTION 925 52v. The provisions of this 
 act shall be amendatory of the charters of all cities of the 
 second or third class in this state, and any provisions in any 
 such charters in conflict herewith are hereby superceded, and 
 the provisions of any act or law now in force or effect so far 
 as they conflict with the provisions of this act are repealed; 
 provided, however, that this act shall in no way affect or apply 
 to the provisions of any act or law in reference to another 
 department in any of said cities. 
 
 925 53. 
 
 Officers' accounts. SECTION 925^53. The council shall 
 examine and adjust the accounts of the clerk, treasurer and 
 all other officers or agents of the city after the same shall have 
 been audited by the comptroller. 
 
 925 54. 
 
 Corporate authority. SECTION 92554. The corporate au- 
 thority of the city shall be vested in the mayor and common 
 council. 
 
52 GENERAL CHARTER LAW OF WISCONSIN. 
 
 Chapter VIII. Actions, Appeals, Bonds, Sureties. 
 
 925 55. 
 
 How actions brought. SECTION 925 55. All actions 
 brought to recover any penally or forfeiture o<r for the punish- 
 ment of any offender for the violation of the ordinances or by- 
 laws made by -the council shall be brought, in the corporate 
 name of the city. 
 
 925 56. 
 
 Judgment; costs; imprisonment. SECTION 925 56. In 
 ease of convictions in actions brought or prosecuted to recover 
 a penalty under any of the provisions <!' this chapter, to recover 
 a penalty or forfeiture or to impose a punishment for a vio- 
 lation of any of the ordinances, regulations or by-laws of such 
 city, the court shall enter judgment for such fine, penalty or 
 forfeiture, together with the costs of prosecution, against the 
 defendant; and shall also enter a judgment that he be im- 
 prisoned in the county jail, city jail or house of correction un- 
 til such judgment be paid, not exceeding, however, the term 
 of six months,, and shall forthwith commit him accordingly. In 
 cases where the defendant is adjudged to be punished by im- 
 prisonment the court shall -also render judgment that he pay the 
 costs of prosecution and be imprisoned until such costs are paid, 
 but the court shall limit such additional term of imprisonment 
 in its discretion, in no case to exceed six months. 
 
 925 57. 
 
 Appeals. SECTION 925 57. Any person aggrieved' by the 
 judgment of the court imposing a fine, penalty, forfeiture or 
 imprisonment may appeal to the circuit court of the proper 
 county in the same manner in which offenders may. under the 
 general law, appeal from the judgments of justices of the peace 
 in actions where the state is plaintiff; provided, that this sec- 
 tion shall not apply to appeals from municipal courts where an 
 appeal may be taken directly to the supreme court. 
 
 92558. (Ch. 663, 1907.) 
 Claims against cities under general law; tort cases. 
 
 SECTION 925 58. No action shall be maintained by any per- 
 son against any city organised under the provisions of this 
 chapter upon any claim or demand of any kind or character 
 whatsoever, until he shall have first presented his claim or 
 
GENERAL CHARTER LAW OF WISCONSIN, 53 
 
 demand to the council for allowance and the same shall have 
 been disallowed in whole or in part; provided, that the failure 
 to pass upon such claim or demand within sixty days after its 
 presentation shall be deemed a disallowance thereof; provided' 
 furl//* r t/tai on appeal from the dlisulloirauce in whole or in part 
 of (inij chiini <>r (ItnKind founded upon, tort or bond shall be 
 rt quired to perfect the appeal. 
 
 925 59. 
 
 Action of council final. SECTION 925 59. The determin- 
 ation of the council disallowing in whole or in part any claim 
 shall be final and conclusive and a bar to any action in any 
 court founded 011 such claim, unless an appeal be taken from 
 such determination as in this chapter provided. 
 
 925 60. 
 
 Appeals, how taken; costs. SECTION 925 60. When- 
 ever any. claim against a city organized under the provisions 
 of this chapter shall be disallowed in whole or in part by the 
 council the claimant may appeal from the decision disallowing 
 said claim to the circuit court of the county in which such city 
 or some part thereof is situated by causing a written notice of 
 appeal to be served on the clerk of such city within twenty days 
 after the disallowance of such claim, and by executing a bond 
 to the city in the sum of one hundred and fifty dollars, with 
 two sureties to be approved by the city clerk, conditioned for 
 the faithful prosecution of such appeal and payment of all 
 costs that shall be adjudged against the appellant. The clerk, 
 in case such appeal is taken, shall make a brief statment of the 
 proceedings had in the case before the council with its decision 
 thereon, and shall transmit the same, together with all the papers 
 in the case, to the clerk of the circuit court. Such appeal shall 
 be taken, tried and determined in the same manner as cases 
 originally commenced in said court; provided, however, that 
 whenever an appeal is taken from the allowance made by the 
 council upon any claim and the lecovery upr.n such appeal shall 
 not exceed the amount allowed, exclusive of interest upon such 
 allowance, the appellant shall pay the costs of appeal, which 
 Nhall be deducted from the amount of the recovery; and when 
 the cost exceed the sum recovered judgment shall be rendered 
 against the appellant for the amount of such excess. 
 
54 GENERAL CHAIiTKR LAW OP WISCONSIN, 
 
 Chapter IX. The Police Court. 
 
 925 61. (Ch. 223, 1905.) 
 
 Effect of section Police justice. SECTION 925 61. IP 
 every city which shall adopt this chapter for its government and 
 which shall at the time of such adoption have a court or judge, 
 by whatsoever name or title such court or judge shall be called, 
 having the jurisdiction herein conferred upon police courts, the 
 jurisdiction and proccdme < f such court or judge shall continue 
 unaffected by this chapter until such court or the office of such 
 judge shall be abolished, and in the meantime no police justice 
 shall l)e elected and no police court established in such city under 
 this chapter. In every other city governed by this chapter a 
 police justice shall be elet'ted every fourth year as other city 
 officers are elected; his term of office shall commence the first 
 day of May succeeding his election and continue for four years 
 and until his successor shall have qualified; provided, that in 
 cities of the third and fourth clas.-es the council may, by ordin- 
 ance, abolish the p*olice court there'n, and thereupon the juris- 
 diction herein conferred upon such court sha'l be exercised by 
 the municipal court or courts cf the city or county located in 
 such city, if there be any such, and if there be none, then by the 
 justices of the pea.ce of the city. 
 
 925 62. 
 
 His compensation Clerk of court. SECTION 925 62. In 
 cities of the first class the council shall fix the salary of the 
 police justice. In cities of the second, third and fourth classes 
 it may, at its option, fix a salary for such justice which shall 
 be in lieu of all fees and co t^. In every city of the first class 
 the police justice^may appoint a clerk,' who shall keep the docket, 
 records and papers of the court and shall be paid such salary 
 ii'i the council may from time to time allow; but no change in 
 the salary of the clerk shall take effect during the term of office 
 of the judge in wh'ch it was made. Such clerk may administer 
 oaths as well in the performance of his duties as in other cases. 
 
 925 62a. (Ch. 84, 1899.) 
 
 Fees of certain officers in certain cities having no police 
 court. SECTION 925 62a. In cities of the second, third and 
 fourth clashes having no police court, the common council may 
 fix and regulate from time to time the fees or compensation of 
 officers and magistrates for services performed in all actions or 
 
GENERAL CHARTER LAW OP WISCONSIN, 55 
 
 prosecutions for any violation of the charter, ordinances or by- 
 laws of the city and no greater fees or compensation than shall 
 be so fixed shall be charged or recovered. 
 
 925 63. 
 
 Fees to officers in cities of first class. SECTION 925 63. 
 In cities of the first class the police judge, the clerk of the police 
 court and the police officers attending such court and serving 
 its process shall receive no fees, and all costs collected in said 
 court shall be paid into the city treasury and credited to the 
 general fund. 
 
 925 64. 
 
 Name; when open. SECTION 925 64. The court held by 
 the police justice shall be called the police court. It shall be 
 open daily, Sundays and legal holidays excepted. 
 
 92565. 
 
 Jurisdiction. SECTION 9 f 25 65. In cities of the first class 
 the police court shall have jurisdiction to try and sentence all 
 offenders against the ordinances of the city, to try all misde- 
 meanors triable before a justice of the peace, to issue warrants 
 for the apprehension of persons charged with the commission of 
 offenses not so triable, to examine such alleged offenders and 
 commit or hold them to bail the same as a justice of the peace 
 of the city might do but for this chapter. In cities of the sec- 
 ond, third and fourth classes the police court shall have the 
 civil and criminal jurisdiction of a justice of the peace within 
 the .limits of such city and exclusive jurisdiction of offenses 
 against the ordinances of the city.* 
 
 925 66. 
 
 Justices no criminal jurisdiction. SECTION 925 66. No 
 justice of the peace in any city wherein there shall be a police 
 court under this chapter shall have any criminal jurisdiction of 
 offenses committed in such city, nor any authority to issue war- 
 
 * Jurisdiction of police court extended. (SEC. 1, ch. 21, 1899.) 
 There is hereby conferred upon the justice or judge of the police 
 court in any city of the first class having a police court which 
 is a court of record, the same powers in respect to the examination 
 of persons in such city alleged to be insane, and the commitment of 
 persons adjudged to be insane to the hospital or asylum, as is con- 
 ferred by chapter 32 of the revised statutes upon the county judges 
 in their respective counties. Such cases before said police judge or 
 justice shall be conducted in accordance with the procedure prescribed 
 by law in similar cases before county judges. 
 
56 GENERAL CHARTER LAW OF WISCONSIN, 
 
 rants for the apprehension of any alleged offender for an of- 
 fense committed therein, nor to examine or commit or hold to 
 bail any such offender charged with any crime or misdemeanor 
 committed in said city. In case of the absence, sickness or dis- 
 ability of said police justice he may, by an order in writing to be 
 filed in said court, appoint a justice of the peace or a court com- 
 missioner in said city to discharge his duties during such ab- 
 sence, sickness or disability, and the person so appointed shall 
 have all the powers of &aid police justice while administering 
 such office. 
 
 925 67. (Ch. 41, 1903.) 
 
 Punishment. SECTION 925 67. Any person who is con- 
 victed in the police court of the violation of any ordinance may 
 be sentenced to punishment by fine or imprisonment or both, and 
 any person so convicted or convicted therein of any misdemeanor 
 may be sentenced to pay a fine and the costs of the prosecution 
 or be imprisoned in the county jail or house of correction, in the 
 alternative, 'and when proper facilities for that purpose shall 
 exist in the jail or house of correction the court may order the 
 prisoner to be kept at hard labor duntiir the term uf his im- 
 prisonment, if he shall .have the ability to labor. 
 
 925 68. 
 
 Docket. SECTION 92568. There shall be kept in ever? 
 police court a docket wherein shall be entered the substance of 
 every complaint, date of the issuance of the warrant and date 
 and substance of the return thereof, the plea of the accused, 
 the names of the witnesses, the names and verdict of the jury, 
 if, any, and the judgment of the court. 
 
 92569. 
 
 Complaint, warrant, execution, form of. SECTION 925 
 69. The following shall be snsta.ntia.ily the forms to be used in 
 said court in cases of prosecutions for the violation of ordinances : 
 
 Complaint. 
 
 STATE OF WISCONSIN, ) c 
 
 City pf - -. f 
 
 In the police court of said city. 
 
 A. B. complains on oath to the police court of the eity of 
 
 that 0. D. did, as the deponent verily believes, on or about the 
 
GENERAL CHAETEB LAW OF WISCONSIN, 57 
 
 day of , A. D, 18, at said city, violate an ordinance 
 
 of said city, to- wit: (here insert the title and date of the ordi- 
 nance or the chapter and section of the general ordinances), in 
 that he did thon and there, contrary to said ordinance (here 
 insert the act or omission complained of), .wherefore the com- 
 plainant prays that sa.id C. I), be arrested and dealt with accord- 
 ing to law, A. B., Complainant. 
 
 Subscribed and sworn to before me this - - day of - , 
 
 A. D. 18. 
 
 E. F., Judge (or Clerk). 
 
 Warrant. 
 
 STATE OF WISCONSIN, , 
 
 ss. 
 
 c:tv of 
 
 : 
 
 In the police court of said city. 
 
 The slate of Wisconsin to the chief of police or any police officer 
 of the said city, or the .sheriff or any eons-fable of the county 
 of- -: 
 
 You are hereby commanded to arrest and bring before said 
 court as soon as may be, and safely keep subject to the order oi 
 said court, the body of C. D., chained with violating one of the 
 ordinances of the c'.ty of - . 
 
 Dated - E. F., Judge (or Clerk). 
 
 Execution. 
 
 STATK OF WISCONSIN, j 
 
 V ss 
 
 C.ly of- -. ) 
 
 In the police court of said city. 
 
 The stale of Wisconsin to the chief cf police or any police officer 
 of said city, or to the sheriff or any constable of the county 
 of - , and to the keeper of the common jail of said 
 county, Greeting: 
 
 AVhereas, the said city of - , on the - - day of, A. D. 
 18 , recovered a, judgment in the court above named against 
 
 - for the sum of - - dollars and cents and 
 
 for the co.vts of suit, amounting to the sum of - dollars and 
 cents, for the violation of (here insert the number, title and 
 
 date of the ordinance or the chapter and section of the general 
 
 ordinances), in that he did, on the day of - , 18 , at 
 
 the said city (insert the act complained of). You are hereby 
 commanded to levy distress of the goods and chattels of said 
 
58 GENERAL CHARTER LAW OF WISCONSIN, 
 
 , excepting such as the law exempts, and make sale 
 thereof according to law to the amount of said sums, together 
 with your fees and twenty-five cents for this writ, and the same 
 return to me in thirty days, and for want of such goods and 
 chattels whereon to levy to take the body of said - 
 and him convey and deliver to the keeper of the common jail in 
 - county, and the said keeper is hereby commanded to re- 
 ceive, keep in custody in said jail the said - - for the 
 term of - - unless the said judgment, together with all the 
 costs and fees, are sooner paid or he is discharged by due course 
 of law. 
 
 Given under my hand this - - day of - , 18 . 
 
 , Judge (or Clerk). 
 
 The form of commitment shall be substantially the same as 
 that of the execution, omitting all that relates to the levy and 
 sale and return of the writ. 
 
 925 70. 
 
 Juries, how selected. SECTION 925 70. In cities of the 
 first class whenever any accused person shall demand a trial by 
 jury in said court the judge shall direct the officer in attendance 
 or some .cither suitable person to prepare a list of twenty-four 
 qualified jurors, and the prosecuting officer or some person de- 
 signated by the court for that purpose on one part and the ac- 
 cused or his counsel on the other shall each strike off six names, 
 the prosecution striking off the first name, and the defense the 
 second and so on alternately, and the remaining twelve shall 
 thereupon be summoned and shall serve as jurors. In cities of 
 the second, third and fourth classes the jury shall be selected in 
 -the same manner as in justice courts in criminal cases. The 
 venire may be in the following form: 
 
 STATE OF WISCONSIN, ) 
 
 City of - -. [ S 
 
 In the police court of said city. 
 The state of Wisconsin to (here insert the names of jurors) : 
 
 You are hereby summoned and required to attend said court 
 forthwith to serve as jurors therein in an action there pending, 
 wherein the - - is plaintiff and C. D. defendant. Hereof fail 
 not at your peril. 
 
 Dated - . E. F., Judge (or Clerk). 
 
 If any juror or jurors named in the venire shall not be found 
 or shall be unable to serve a talesman or talesmen shall be called, 
 and if qualified shall take the place on the jury of such juror or 
 
GENERAL CHARTER LAW OF WISCONSIN, 69 
 
 jurors ; provided, that either party shall have a right to challenge 
 such talesmen for cause and at least two talesmen peremptorily. 
 
 925 71. 
 
 Costs. SECTION 925 71. The costs taxable in the police 
 courts shall be the same as in justice courts for similar services, 
 and in cities of the second, third and fourth classes such costs 
 shall be paid to the judge and the officers earning tjiem. respec- 
 tively, unless such judge or officers shall be paid a salary, fn 
 which ease such costs shall be paid into the city treasury. 
 
 Chapter X. Fire Department. 
 
 925 72. 
 
 Organization and support of. SECTION 925 72. In every 
 city governed by this chapter, not having a paid fire department, 
 it shall be competent for the council to provide by ordinance 
 for the organization and management of volunteer fire com- 
 panies, and to appropriate from the general fund such sums as 
 shall be deemed requisite for the aid of such companies in pro- 
 curing apparatus and outfit and maintaining and housing the 
 same, and to provide by ordinance for the appointment of a chief 
 engineer, fix his term of office, designate his authority, and fix 
 suitable penalties for the violation of any of the provisions of 
 such ordinances. 
 
 925 73. 
 
 Fire limits. SECTION 92573. In every city so governed 
 the council may designate fire limits within which no buildings 
 having wooden outside walls shall be constructed or repaired so 
 as to increase their value beyond a percentage to be fixed in the 
 ordinance, and may by ordinance prescribe special fire limits 
 within the general fire limits, within which special fire limits 
 they may require such building material to be used and such 
 additional precautions to be observed, both in the construction 
 of new buildings and the repairing and maintenance of existing 
 buildings as they may from time to time designate, for the pre- 
 vention of fires and the spread and communication thereof, and 
 pro vide any proper remedy for the enforcement of such ordi- 
 nances or any particular provision thereof, and to that end they 
 may provide for the appointment of a building inspector, desig- 
 nate his authority, fix his term of office and compensation. 
 
60 GENERAL CHARTER LAW OF WISCONSIN, 
 
 92574, 
 
 Paid department, SECTION 925 74. It shall be competent 
 for the council of every city to provide by ordinance for the es- 
 tablishment or continuance of a paid fire department to be en- 
 tirely under the control of the city government, and maintain it 
 at the sole expense of the city, for the appointment of a chief 
 engineer of the fire department and as many assist ants as may 
 be deemed necessary and fix their salaries, and for the appoint- 
 ment and compensation of as many firemen as shall from time to 
 time be necessary. 
 
 925 75. 
 
 Apparatus, engine-house, signals, etc. SECTION 925 75. 
 In every city governed by this chapter in which a paid fire de- 
 partment shall have been established, either under this chapter 
 or before its adoption, it shall be competent for the council to 
 provide for the purchase and maintenance of all necessary fire- 
 engines and apparatus for the extinction or prevention of fires, 
 for the construct-on and maintenance of all necessary engine- 
 houses and fire stations, fire alarms, fire signals, telegraph or tele- 
 phones, and for the u^e of all known means of extinguishing or 
 preventing fires, and appropriate the necessary sums for carry- 
 ing the foregoing provisions into effect. 
 
 925 76. 
 
 Fire account.' SECTION 925 76. In every such city the city 
 treasurer shall keep a separate account with the general fund, 
 to be called the fire account, in which shall be entered all dis- 
 bursements for or on account of the fire department and all ap- 
 " propriations made and taxes collected for its use. 
 
 925 77. 
 
 Relief fund. SECTION 925 77. The council may establish 
 a fund for the relief of firemen injured in the discharge of their 
 duties, and for the relief of the families of firemen who may 
 lose their lives in the discharge of their duties or in consequence 
 thereof, and provide for the management and distribution of 
 such fund or the proceeds thereof, and require all active firemen 
 to contribute not to exceed two per cent, of their wages to said 
 fund. 
 
GENERAL CHARTER LAW OF WISCONSIN. 61 
 
 Chapter XI. The Board of Public Works. 
 
 925 78. 
 
 Organization and terms. SECTION 925 78. There shall be 
 a department known as the board of public works to consist of 
 three commissioners. In cities of the first and second classes the 
 commissioners shall be appointed by the mayor and confirmed 
 by the council at their first regular meeting or as soon thereafter 
 as may be. The members of the first board shall hold their offices 
 one, two and three years respectively, and thereafter for three 
 years or until their successors are qualified. In all other cities 
 the board shall consist of the city attorney, city comptroller and 
 city engineer or surveyor; prov:'ded, that the council, by a two- 
 tliirds vote, may determine that the board of public works shall 
 consist of other public officers or persons and provide for the 
 election or appointment of the members thereof, or it may, by a, 
 like vote, dispense with such board, in which case its dut ; es and 
 powers shall be exercised by the council or a committee thereof, 
 or by such officers or boards as the council shall designate. 
 
 92579. 
 
 Officers. SECTION 52579. The members of the board of 
 public works shall, on the first Tuesday in May of each year 
 choose a president of the bfard from their number, and in cit'es 
 of the first class a secretary ; in other cities the city clerk shall 
 be the secretary of the board by virtue of his office. 
 
 925 80. 
 
 City engineer. SECTION 92580. In cities of the first class 
 the mayor with the approval of the council shall appoint some 
 competent person as engineer, whose term of office shall -continue 
 for one year and until his successor is qualified unless he shall be 
 sooner removed for cause. The engineer shall keep his office in 
 some convenient place to be designated by the council, and it 
 shall be his duty to do all engineering work required by said 
 council or the board of public works. He shall possess the same 
 powers to make surveys and plats with : n the city as county 
 surveyors; and like validity and effect shall be given to his acts 
 and to all plats and surveys made by him as are or may be given 
 to the acts, plats and surveys of county surveyors. 
 
 925 81. 
 
 Engineer's records and report. SECTION 92581. In cities 
 of the first class the engineer shall keep on file in his office, and 
 
62 GENERAL CHARTER LAW OF WISCONSIN. 
 
 in all other cities in the office of the city clerk, a record of all 
 his official acts and doings and also ;i eopy of all plats of lots, 
 blocks and sewers embraced within the city limits, all profiles 
 of streets-, alleys and sewers and of the grades thereof, and of 
 all drafts and plans relating to bridges and harbors and of any 
 buildings belonging to the city ; and shall at the same place keep 
 a record of the location of all bench marks and permanent corner 
 stakes from which subsequent surveys shall be started; which 
 said records and documents shall be the property of the city and 
 open to the inspection of parties interested, and shall be deliv- 
 ered over by said engineer to his successor or to the board of 
 public works. In cities of the first class on the last Tuesday in 
 March of each year, and in all ether cities whenever requested. 
 the engineer shall make a report' of all doings of his department 
 to the board of public works. 
 
 925 82. 
 
 Compensation of board. SECTION 925 82. The commis- 
 sioners of public works in cities of the first class shall be each 
 paid an annual salary to be fixed by the council before their 
 appointment and at the time other salaries are fixed under this 
 chapter; in all other cities Ihe salaries of the attorney, comp- 
 troller and engineer respectively shall be in full for their serv- 
 ices as members of such board. 
 
 925 83. 
 
 Oath and bond in cities of first class. SECTION 925 83. 
 In cities of the first class each member of the board of public 
 works shall, before entering upon the duties of his office, take ai* 
 oath of office and file the same in the office of the city clerk, and 
 give a bond to the city with sufficient sureties, in such form and 
 sum as the council may direct, for the faithful performance of 
 his duties. 
 
 925 84. 
 
 Rules for board. SECTION 925 84. The council may make 
 s'uch rules from time to time as they may deem proper, not con- 
 travening any of the provisions of this chapter, for the gov- 
 ernment of the board of public works and the manner in which 
 the business of said board shall be conducted. 
 
 925 85. 
 
 Quorum; record; report, SECTION 925 85. A majority of 
 the board shall constitute a quorum for doing business, They 
 
GENERAL CHARTER LAW OF WISCONSIN. 63 
 
 shall keep ji record of all their proceedings, which shall be open 
 at all reasonable times to the inspection of any elector of such 
 city, and shall make a report to the council on or before the first 
 day of March in each year, and oftener if required. 
 
 925 86. 
 
 Duties. SECTION 925 86. It shall be the duty of the board 
 under the direction of the council, to superintend all public 
 works and keep the streets, alleys, sewers and public works and 
 places in repair. 
 
 925 87. 
 
 Care of school buildings. SECTION 925 87. In cities of 
 the first and second classes all repairs and alterations of school 
 buildings and premises shall be under the charge O'f the board 
 of public works, and in other cities under the charge of the 
 board of education; but such repairs or alterations, except or- 
 dinary repairs costing not more than two hundred dollars, shall 
 first be approved by the council. 
 
 925 88. 
 
 Use of streets. SECTION 925 88. No building shall be 
 moved through the streets or any obstruction be placed therein 
 without a written permit therefor granted by the board of pub- 
 lic works ; said board shall determine the time and manner of 
 using the streets for laying or changing water or gas pipes, or 
 placing and maintaining electric light, telegraph and telephone 
 poles therein ; provided, that its decision in this regard may be 
 reviewed by the council. 
 
 925 89. 
 
 Repair of streets. SECTION 925 89. In case any corpora- 
 tion cr individual shall neglect ''to repair or restore to its former 
 cond'tion any street, alley or sidewalk excavated, altered or 
 taken up, within the time and in the manner directed by the 
 board, ,-aid board shall cause the same to be done at the expense 
 of said corporation or individual. The expense theren-f, when 
 chargeable to a lot-owner, shall be certified to the city clerk by 
 the board, and if not paid shall be carried into the tax roll as 
 a special tax against the lot. 
 
 925 90. 
 
 Contracts, how let. SECTION 925 90. All piiblic work, th 
 estimated cost of which shall exceed two hundred dollars, shall 
 
64 GENERAL CHARTER LAW OF WISCONSIN. 
 
 .be let by contract to the lowest responsible bidder; all other 
 public work shall be let as the council may direct. When the 
 work is directed to be let to the lowest responsible bidder or 
 is required to be so let under the previsions of this section, the 
 board of public works or such officers as shall be designated to 
 discharge its duties shall advertise for proposals by publishing 
 a notice in the official newpaper at least once in each week for 
 at least two successive weeks. Before such proposals are ad- 
 vertised for a profile of the AVI <rk 1o be done, together with the 
 specifications, shall be placed on file for the inspection of bid- 
 ders, and a form of contract with sureties, as the same will be 
 required to be executed by bidders, shall be prepared and a copy 
 of the same furnished to any person desiring to bid on the work. 
 No bid shall be received when not accompanied by a bond with 
 sureties executed on the part of the bidder and such suret ; es, 
 which sureties shall justify as to their responsibility and by their 
 several affidavits show that they are worth in the aggregate at 
 least the amount mentioned in the contract in property not by 
 law exempt from execution ; provided, that a certified check in 
 amount equal to five per cent, of the bid, and a provision in the 
 contract for the retention by the city of twenty per cent of the 
 estimates made from time to time, mav be accepted in place of 
 sureties. The power to reject any and all bids shall be deemed 
 to exist unless expressly waived. When no proper bids shall 
 be rece'ved for any such work the council, by a two-thirds vote 
 of all its members, mav direct that such work be done under the 
 supervision of such officer or officers as it shall designate. 
 
 925 90a. (Ch. '493, 1907.) 
 
 Guaranty deposits with bids: certified check. SECTION 
 925 90a. In all such cities wherein parties bidding on or sub- 
 mitting proposals for doing public work, are required by law <;r 
 ordinance to deposit a pertain amount, of money as a guaranty of 
 <rmd faith, a certified check for the amount payable to the 
 board of public works or other proper city officer, may be ac- 
 cepted by said board in lieu of money. 
 
 925 90b ; (Ch. 417, 1909.) 
 
 Cities; first c'ass: Contracts for improvements; ma- 
 terials used; patented articles. SECTION 925 90b. When- 
 ever in any city of the first class in this state, however incor- 
 porated, any public work or improvement of any kind whatso- 
 ever shall have been ordered to be done, whether such work is 
 chargeable in whole or in part to such city, or to any ward or 
 
GENERAL CHARTER LAW OF WISCONSIN. 65 
 
 Avard>. therein, or to any lot or lots or parcels of land therein, 
 such public work or improvement may be done by the use of a 
 patented article, material or process, in whole or in part, or in 
 combination with articles, materials, or processes not patented, 
 and any bid accepted or contract let for such work or improve- 
 ment shall be as valid and binding- as if no patented article, ma- 
 in ial < r process had been used ; provided, however, said city shall 
 have obtained from the owner of said patented article, materials 
 or pro-L'.es:-?, befoie advertising for bids thereon, a binding 
 agreement to furnish to any contractor, desiring to bid upon 
 such work as a whole, the right to use said patented article, ma- 
 terials and processes in the construction of said work, and also 
 to furnish to any contractor said patented article itself upon 
 the payment of what the authorities c<f said city charged with 
 the duty of letting a contract for such public work or improve- 
 ment shall determine to be reasonable price therefor, which 
 price shall be publicly stated and furnished upon application to 
 any <M utract' r desiring to bid on said work. 
 
 925 90c. (Ch. 417, 1909.) 
 
 Letting of contracts; kinds of material; bids. SECTION 
 925 90c. Any such city at its option may, in providing for 
 any such public work or improvement to be done, and before 
 calling for bids thereon, through its proper authorities adopt 
 different plans and specifications requiring the use of different 
 kinds of materials for the proposed work or improvements to 
 be made, whether patented or not, thereby bringing one kind 
 of article, material or process in competition with one or more 
 other kinds of articles, materials or processes designed to ac- 
 complish the same general purpose, and call for bids for each 
 such kind of article, material or process, and thereafter let a 
 contract for one kind of article, material or process ; provided, 
 that before any contract is let the bids received on all the differ- 
 ent kinds of articles, materials or processes for which plans or 
 specifications' were prepared and upon which bids were called 
 for shall be received, opened and considered before the kind 
 of article or process to be used in such work or improvement 
 shall be decided upon by the proper city authorities, and there- 
 upon the proper city authorities shall first determine widen kind 
 of article, material or process shall be used in the work to be 
 done, and thereafter and thereupon the contract shall be let to 
 the lowest responsible bidder for the kind of article, material or 
 process so selected for use in 'the proposed public work or im- 
 provement. 
 
66 GENERAL CHARTER LAW OF WISCONSIN. 
 
 925 91. 
 
 Incompetent bidders. SECTION 925 91. Whenever any 
 bidder shall be, in the judgment of said board, incompetent or 
 otherwise unreliable for the performance of the work on which 
 he bids, the board shall report to the council a schedule of all 
 the bids for such work, together with a recommendation to ac- 
 cept the bid of the lowest responsible bidder, with their reasons; 
 and thereupon the council may direct said board either to let 
 the. work to such competent and reliable bidder or to readvertise 
 the same ; and the failure to let such contract to the lowest bid- 
 der in compliance with this provision shall not invalidate such 
 contract or any specin] assessment made to pay the liability 
 incurred thereunder. 
 
 925 92. 
 
 Duty and liability of contractor. SECTION 925 92. All 
 contractors doing any work which shall in any manner obstruct 
 the streets or sidewalks shall put up and maintain barriers and 
 lights to prevent accidents, and be liable for all damages caused 
 by failure so to do. All contracts shall contain a provision cov- 
 ering this liability, and also a provision making the contractor 
 liable for all damages caused by the negligent digging up of 
 streets, alleys or public grounds, or which may result from his 
 carelessness in the prosecution of such work. 
 
 925 93. 
 
 Contracts, how executed. SECTION 925 93. All contracts 
 shall be signed by the mayor and clerk unless otherwise pro- 
 vided by resolution or ordinance ; provided, that no contract 
 shall be executed on the part of the city until the comptroller 
 shall have countersigned the same and made an indorsement 
 thereon showing that sufficient funds are in the treasury to meet 
 the expense thereof or that provision has been made to pay the 
 liability that will accrue thereunder. 
 
 925 94. 
 
 Estimates ; deposit. SECTION 925 94. As the work under 
 any contract progresses the board of public works, or such offi- 
 cers as shall be designated to discharge its duties, may, from 
 [time] to time, at their discretion, grant to the contractor an 
 estimate of the amount and proportionate value of the work 
 done, withholding in all cases twenty per cent, of said estimate 
 which shall entitle the holder to receive the amount thereof, less 
 such twenty per cent,, from the proper fund. But all contracts 
 
GENERAL CHARTER LAW OF WISCONSIN. 67 
 
 fchall contain a provision authorizing such board, in case the 
 work under such contract is not completed within the time re- 
 quired, to take charge of the work and finish it at the expense 
 of the contractor and his sureties. In no case shall the deposit 
 herein required be returned to a successful bidder until the con- 
 is performed; but it, together with the twenty per cent, 
 retained as aforesaid, shall be used in whole or in part to com- 
 plete the work. If any oi' the deposit or the retained twenty 
 per cent, then remains it shall be paid to such defaulting con- 
 tractor. 
 
 Chapter XII. Water-works and lighting. 
 
 925 95. (Ch. 135, 1901.) 
 
 Operation of lighting plant or water-works. SECTION 925 
 9;"y. Iii cities which mvn a. lighting plant or water-works, or 
 both, such lighting plant or water- works, or .both, may be oper- 
 ated under the direction of the board of public works or by a 
 commission, to be determined by ordinance of the common coun- 
 cil, to consist of the mayor, three citizens, and one alderman to 
 be appointed by the mayor. 
 
 925 95a. (Ch. 135, 1901.) 
 
 Election of commissioners. SECTION 925 95a. The com- 
 mon council of any city which shall have determined to have a 
 commission as provided in the foregoing section shall, at the first 
 regular meeting of the council thereafter, elect by ballot, by a 
 majority, three citizens whose terms of office shall expire on the 
 first Tuesday of October, one in the year of his election, one in 
 the year following the year of his election, and one in the second 
 year following the year of his election, and thereafter, at the ex- 
 piration of the term of each commissioner, one shall be elected 
 by the council each year on the first Tuesday of October for a 
 term of three years and until his successor is elected and qual- 
 ified. 
 
 925 96. 
 
 Power of council. SECTION 92596. The council shall have 
 power to legislate on all matters with reference to the construc- 
 tion, purchase, operation, management and protection of water- 
 works or lighting works for the city, not contravening the pro- 
 visions of this chapter, the constitution or laws of the state; 
 provided, that all provisions relating to such works, except as 
 
68 GENERAL CHARTER LAW OF WISCONSIN. 
 
 herein otherwise provided, shall be adopted by a vote of not less 
 than three-fourths of all its members. 
 
 925 97. 
 
 Land may be acquired. SECTION 925 97. The city may 
 acquire by purchase or otherwise, as specified in this chapter for 
 acquiring real estate for the public use. such lands as may be 
 necessary for the construction and operation of water- works to 
 supply the city and its inhabitants with water, or for the con- 
 struction and operation of lighting works to supply it and them 
 with electric or other lighting; provided, that where the water- 
 works or lighting works are owned by private persons or corpor- 
 ations the expenses of acquiring such real estate shall be paid 
 by such persons or corporations on a proper conveyance bcinir 
 made thereto of such real estate. 
 
 925 97a. REPEALED by Ch. 499, 1!M)7. 
 
 925 98. (Ch. 367, 1909.) 
 
 Cities, under general law: waterworks; rates; collec- 
 tion; indebtedness. SECTION 92598. When cities own the 
 water works or lighting works the water rates or charges for 
 lighting shall be collected by the treasurer and be first devoted 
 to the expense of maintaining and operating the works, paying 
 the principal and interest of any indebtedness created in the 
 construction or purchase thereof, and the balance, if any, shall 
 be paid into the general fund. The common council of every 
 city which shall construct or ow r n and operate lighting works 
 f>r urtcr work* to supply the city and its inhabitants with light 
 or ivater may, by ordinance, fix the rat as to be charged for light 
 or water furnished the inhabitants thereof, and provide for the 
 collection of the same either quarterly or senii-annually in ad- 
 vance or otherwise provided, such rates, shall be uniform for like 
 services in all parts of the city. The provisions of the next fol- 
 lowing section shall apply to the listing and collection of unpaid 
 rates or charges for light or icaicr so furnished, so far as they 
 are applicable. 
 
 925 99. 
 
 Penalty for non-payment; lien. SECTION 925 99. On the 
 first day of January and July in each year the board of public 
 works shall furnish the city treasurer with a list of all lots or 
 parcels of real estate to which water has been, furnished by the 
 city during the preceding six months and the amount due for 
 
GENERAL CHARTER LAW OF WISCONSIN. 69 
 
 the same. If such amount is not paid within ten days there- 
 after a, penalty of ten per cent, shall be added and the treasurer 
 shall proceed to collect the said dues with said penalty, together 
 with five per cent, thereon for his fees. He shall have all the 
 authority in collecting said tax vested in him for the collection 
 of general city taxes. Said dues shall be a lien on the real estate 
 to which the water was furnished front the time said list is placet 
 in the hands of said clerk, and all sums that have accrued during 
 the preceding year and are not paid by the first day of Novem- 
 ber in any year shall be reported by the treasurer to the clerk, 
 who shall insert the same in the tax roll as a delinquent tax 
 against the property. All proceedings in relation to the collec- 
 tion, return and sale of property for delinquent city taxes shall 
 apply to said tax. 
 
 925 99a. (Ch. 362, 1901.) 
 
 Contract, how let. SECTION 925 99a, After the council 
 shall have ordered the laying of any water pipe, the board of 
 public works, shall advertise for and receive bids to do the work 
 so ordered, having first procured to be carefully prepared and 
 put on file in the oifice of the board, for the examination and 
 guidance of bidders, plans and specifications describing the 
 work to be done and the kinds and qualities of materials to be 
 used, as directed by the council, and shall let the contract to the 
 loVest responsible and reliable bidder ; provided, however, that 
 the board shall have the right to "reject all bids and readvertise 
 for proposals if they believe none of the bidders are responsible 
 or that any agreement has been entered into between bidders 
 to prevent competition ; and provided further, that the contract 
 shall not be binding until approved by the council and counter- 
 signed by the comptroller. 
 
 925 99b. (Ch. 362, 1901.) 
 
 Work, how paid for. SECTION 925 99b. Such contract 
 may at the option of the city, except as herein otherwise pro- 
 vided, require the contractor to receive as payment for so much 
 of the work as has been assessed against the lots, tracts or par- 
 cels of land, opposite to the front of which any water pipe shall 
 extend certificates, against such lots, tracts or parcels of land, 
 respectively, or improvement bonds, and the residue of such 
 contract, shall be paid out of the waiter works fund, in the city 
 treasury, and such certificates and bonds shall be issued and col- 
 lected in the same -manner as is now provided in .sub-chapter 
 18 cf chapter 40a. statutes of '1898, for issuing and collecting 
 certificates and improvement bonds for street improvements. 
 
70 GENE UAL CHARTER LAW OF WISCONSIN. 
 
 925 100. (Ch. 260, 1907.) 
 
 Water pipes; laying of: assessment against lot owners. 
 SECTION 925 100. 1. The board of public works, before lay- 
 ing any water pipe along any street, alley or other line in said 
 city, shall assess against the several lots, parts of lots or parcels 
 of land which may front or abut on the proposed line of water 
 pipe, or which may be contiguous to and used in connection with 
 any such lot -or parcel of land, such sum as such lot or parcel 
 of land will be, in the judgment of said board, specially bene- 
 fited by reason of laying such water pipe, not to exceed, how- 
 ever, the amount prescribed in the next section ; 
 
 One assessment. 2. Xo lot. parcel of land or part 
 thereof shall be subjected to the payment of more than one 
 assessment for water pipe laid in the same street or alley. 
 
 Notice. 3. Before making such assessment they shall give 
 notice by publication in the official city paper to the owners of 
 such lots or parcels of the time when and place where they will 
 meet to hear objections to the proposed, assessment, and they 
 shall make no assessment of benefits upon such lots, nor any ap- 
 portionment of any part of the cost of laying such pipe between 
 different lots, until after such hearing. The owner of any such 
 lot may appear at such time and place and be heard upon the 
 question of assessment and apportionment. 
 
 Cities 4th class. 4. In cities of the fourth class wherein a 
 water system was constructed and water wP es laid along the 
 public streets, previous to the adoption of chapter lOa, statiit'-s 
 of 1898, by said city for its government, entirely at the public 
 expense; the common council may by a majority vote of all the 
 members thereof, cause watier mains to be extended from such 
 system along the public streets and alleys as they may direct 
 at the expense of such city, the same to l)C constructed as other 
 public worJfs as provided by such statutes. 
 
 925 101. 
 
 Basis of. on regular lots. SECTION 925 101. A regular 
 lot (not corner) which may front or abut on the line of water 
 pipe shall be assessed an amount equal to one-half of the cost, 
 as estimated by said board, of furnishing and laying a regular 
 minor water pipe of approved materials and manufacture with 
 the required openings for connections with private service water 
 pipes along- the front of said lot. unless such board shall, after 
 
GENERAL CHARTER LAW OF WISCONSIN. 71 
 
 such hearing, diminish such assessment which, shall in no event 
 exceed such half; such minor pipe to be not less than four nor 
 more than six inches in diameter, as said board may determine. 
 Every irregular lot, part of lot or other parcel of land fronting 
 or abutting on such line of water pipe, and likewise any parcel 
 of land or lot which shall be contiguous to any parcel of land or 
 lot or part of lot so fronting or abutting, and which in the judg- 
 ment of said board is or may be most advantageously used in. 
 connection therewith, shall be assessed for such water pipe the 
 amount which in their judgment shall be as nearly as may be 
 in just proportion to the amount assessed for regular lots as 
 compared with the special benefits derived by each from the 
 laying of said water pipe. 
 
 925 102. 
 
 On corner lots, etc. SECTION 925 102. Every corner lot 
 .and every lot, part of lot or parcel of land which may front or 
 abut on irore than one street on which it is; proposed to lay a 
 line of water pipe, shall be assessed for every such line of pipe ; 
 but the aggregate of the assessments therefor on any such lot or 
 parcel of land shall be as nearly as may be in just proportion 
 to the amount assessed for regular lots as compared with the 
 special benefits derived by them respectively from the laying of 
 such water pipe ; and in making such assessment the board shall 
 take into consideration the situation of such lot or parcel of land 
 with respect to its different fronts, and all subdivisions thereof 
 by sale, contract, use or occupation in severalty, and may assess 
 subdivisions separately, and may also assess any subdivision of 
 such lot or parcel of land in connection with any other part of 
 such lot or other lot or land contiguous thereto and most ad- 
 vantageously used in connection therewith. 
 
 925 103. 
 
 Apportionment if lot subdivided. SECTION 925 103. 
 Whenever any lot or parcel of land shall be subdivided by sale or 
 contract or by use or occupation in severalty, after- the assess- 
 ment of special benefits as herein provided, said board of public 
 works may, after ascertaining such facts, at any time before the 
 special assessment shall have been inserted in the tax roll, make 
 an equitable apportionment of the benefit tax against such lot 
 or parcel of land among the different subdivisions thereof. 
 
 925 104. 
 
 Reports of assessments; notice. SECTION 925 104. The 
 said board of public works shall file reports of such assessments 
 
72 GENERAL CHARTER LAW OF WISCONSIN. 
 
 with the comptroller in cities of the first class and with the city 
 clerk in other cities, who shall record the same in a book kept 
 for that purpose and give notice .thereof to the parties interested 
 by publishing the same once in each week for three successive 
 weeks in the official paper. Any person feeling himself ag- 
 grieved by the report of said board may, within twenty days 
 after the completion of the publication of notice by the comp- 
 troller, appeal from such report to the circuit court of the county 
 in .which the city or any part thereof is situated. Such appeal 
 shall be taken and conducted in like manner and like security 
 for costs shall be required as provided by law in cases of ap- 
 peals from the decisions of the council of said city to said court 
 on the return of assessment of benefits or street improvements. 
 Such appeal shall raise the sole question of the relative amount 
 of the assessment as between different l</ts or parts of lots. In 
 the making and signing of all reports or returns by said board 
 to the comptroller or any other officer the official signature of 
 the president and secretary of said board shall be sufficient. 
 
 925 105. (Ch. 362, 1901.) 
 
 Report to comptroller; collection of assessments. SEC- 
 TION 925 105. The said board of public works shall from time 
 to time make and file a report, with the comptroller in cities of 
 the first class and with the city clerk in all other cities, in time, 
 if practicable, to have the assessments due included in the tax 
 roll for the current year, of all work done for which assessments 
 shall have been made as hereinbefore provided, and the comp- 
 troller in cities of the first class shall make certified returns 
 of such assessments, based upon such report, to the city clerk 
 in time to have the same included in such tax roll if it is prac- 
 ticable to do so. Such assessments shall be entered on the tax 
 roll in a separate column under the head of ' ' water pipe assess- 
 ments, ' ' and the same shall be collected and the payment thereof 
 enforced by sale, deed and other proceedings as is now provided 
 by law in cases of assessments for street improvements, and 
 if no certificates, or special improvement bonds have been issued 
 on account thereof; all such assessments and the proceeds there- 
 of when so collected shall belong to the water works fund. 
 
 925 106. (Ch. 287, 1909.) 
 
 Water mains: expense. SECTION 925 106. The preceding 
 provisions relating to the construction of water mains in whole 
 or in part at the expense of abutting owners shall not apply ex- 
 cept in cases where the city owns the works ; and in cases where 
 
GENERAL CHARTER LAW OF WISCONSIN. 73 
 
 the water-works are now owned or may hereafter he purchased 
 by tin- city tin extension of mains after such purchase shall be 
 imule at the expense of the city at large or at the expense of 
 abbutting property as the council shall determine. 
 
 Chapter XIII. The Health Commissioner. 
 
 925 107. 
 
 Appointment of. SECTION 925107. In every city gov- 
 erned by this chapter the mayor shall, once in two years, nom- 
 inate a regularly licensed physician as commissioner of public 
 health; such commissioner shall hold his office for two years 
 and until his successor shall be qualified. 
 
 925 108. 
 
 His duties. SECTION 925 108. The commissioner of public 
 health shall have all the power and authority heretofore given 
 or which may hereafter be given to boards of health by any 
 general law, and it shall be his duty to provide such additional 
 rules and regulations as shall be proper and necessary for the 
 preservation of the health of the people of the city, to prevent 
 the spread of contagious diseases and to cause the removal of 
 all objects detrimental to the health of such people, and to en- 
 force such rules and regulations as are hereinafter provided. 
 
 925 109. 
 
 Rules to be approved. SECTION 925 109. All rules and 
 regulations prepared by said commissioner shall be by him re- 
 ported to the council, and if the -council shall approve the same 
 by a vote of a majority of its members, such rules and regula- 
 tions shall have the force and effect of ordinances, and the vio- 
 lation thereof may be prosecuted and punished as in the case 
 of ordinances. 
 
 925 110. 
 
 Recommendations. SECTION 925 110. The commissioner 
 of public health shall also, from time to time, recommend to the 
 council such sanitary measures, to be executed at the public ex- 
 pense, as shall seem to him to be necessary for the preservation 
 of the public health. 
 
 925 111. 
 
 Salary; assistants. SECTION 925 111. It shall be the duty 
 of the council to fix the salary of 'said commissioner, which shall 
 
74: GENERAL CHARTER LAW -OF WISCONSIN. 
 
 be paid out of the city treasury. The commissioner may ap- 
 point, subject to confirmation, by the mayor, such assistants as 
 may be necessary, and all such appointees shall receive such sal- 
 ary or compensation as the council may fix. 
 
 925 Ilia. 
 
 Abatement of nuisances. SECTION 925 Ilia. The com- 
 missioner of public health or any person acting under him shall 
 have authority to enter into and examine at any time all build- 
 ings, lots and places of any description within the city for the 
 purpose of ascertaining the condition thereof so far as the public 
 health may be affected thereby, and any person refusing to allow 
 entrance into or upon his premises at reasonable hours for such 
 purpose shall, on conviction thereof, be fined not less than ten 
 dollars nor more than one hundred dollars; and in all cases in 
 which the commissioner shall deem it necessary for the protec^ 
 tion of the health of the city to abate or remove any nuisance, 
 source of filth or cause of sickness which shall be found on priv- 
 ate property he shall cause a notice to be served on the owner 
 or occupant thereof requiring him to remove the same at his 
 own expense within a reasonable time, not less than twenty-four 
 hours; and if said owner or occupant shall refuse or neglect to 
 comply with such notice, or if such nuisance, source of filth or 
 cause of sickness exist on the property of non-resident owners 
 or upon property the owners of which cannot be found, the com- 
 missioner shall cause the removal of such nuisance, source of 
 fifth or cause of sickness under his direction at the expense of 
 the city, and the cost thereof shall be charged against the lots, 
 pieces or parcels of land upon which said work was done, and 
 shall be assessed against said property in the manner provided 
 for the assessment of other special taxes. Tke commissioner 
 .shall, in each year, certify to the tax commissioner or city clerk, 
 in time for insertion in the tax roll, a certified list of all special 
 taxes to be levied by reason of work done as herein required, 
 and such certified list shall be prima facie evidence of the 
 legality and regularity of said special taxes, and they shall 
 be included in the list of such taxes in the tax roll of the city 
 before delivery of the same to the city treasurer. 
 
 925 lllb. 
 
 Physicians to report contagious diseases. SECTION 925 
 1116. It shall be the duty of every physician practicing in any 
 city which has adopted this chapter to report in writing to the 
 commissioner of public health every patient he shall have who is 
 
GENERAL CHARTER LAW OF WISCONSIN. 75 
 
 sick with smallpox, scarlet fever, diphtheria, typhoid fever, 
 Asiatic cholera or any other dangerous contagious disease within 
 twenty-four hours after he shall ascertain or suspect the nature 
 of such disease. These reports shall be in such form as may be 
 prescribed by the state board of health, and shall state the name, 
 .sex, age and place of residence of the person whose sickness is 
 reported, the nature of the disease and such additional facts 
 as said board may prescribe. Any practicing physician who 
 shall refuse or neglect to perform the duties required of him 
 by this section or who shall make a false return of the facts re- 
 quired shall be punished by a fine' not less than twenty-five 
 dollars nor more than one hundred dollars for each offense, or 
 by imprisonment in the count}?- jail for a period not exceeding 
 sixty days, or by both fine and imprisonment. 
 
 925 112. 
 
 Additional duties. SECTION 925 112. The commissioner 
 of public health shall also discharge such duties, not herein enum- 
 erated, as may from time to time be imposed upon him by the 
 council by ordinance or resolution, and shall make such reports 
 to the state board of health and generally perform such duties 
 as are or may be required of health officers by these statutes. 
 
 925 112a. 
 
 Duty of police and other officers. SECTION 925 112&. It 
 sihall be the duty of the members of the police force of the city 
 and of all magistrates and other civil officers and all citizens to 
 aid to the utmost of their power the commissioner of public 
 health in the discharge of his duties, and on his requisition it 
 shall be the duty of the -chief of police to serve or detail one or 
 more of the policemen to serve the notices issued by said com- 
 missioner and to perform such other duties as he may require. 
 
 Chapter XIV. Schools. 
 
 925 113. (Ch. 177, 1909.) 
 
 School board: changing system and boundaries; certain 
 cities. SECTION 925 113. 1. If in any city other than of the 
 first class which has adopted the general charter law, or which 
 shall hereafter become incorporated under the provisions of sec- 
 tion 925g, of the statutes, or which has adopted or which shall 
 hereafter adopt sub-chapter XIV of chapter 40a, of the statutes, 
 there shall be at the time of such adoption or incorporation a 
 board of education or a school board elected by the people, or 
 the ordinary school district system is in force, the plan of school 
 organization and management shall continue until changed by 
 
76 GENERAL CHARTER LAW OF WISCONSIN. 
 
 a majority vote of the electors of such school district or districts ; 
 neither shall the adoption of the general charter or the act of- 
 incorporation under the provisions of section 925g operate to 
 change or in any way affect the boundaries of any school district. 
 
 2. If the district system is in force, the vote shall be taken at 
 a special election, duly called, noticed and held as provided by 
 law ; and if any city shall contain more than one school district, 
 then the special election shall be held in each school district any 
 part of which lies within the city limits, upon the same day and 
 at the same hour, and the existing system shall not be changed 
 unless a majority of the electors voting in each district at such 
 spv N cial election shall vote in favor of such- change. 
 
 o If a majority of the electors voting in each such district at 
 uch special election shall vote in favor of such change, then 
 such change of school system shall go into effect and be such as 
 is provided for in said sub-chapter XIV and the school district 
 boundaries shall, without further action, be changed so as to 
 create one school district which shall include all the territory 
 embraced within the limits of such city and each and all of 
 those parts or portions of each such former district or districts 
 lying outside of the limits of such city shall be attached to and 
 connected with such city for school purposes ; such change of 
 the school system and school district boundaries shall go into 
 effect on the first day of March following such special election 
 and not earlier, and the school district boards and district of- 
 ficers existing at the time of holding such election shall con- 
 tinue in office and shall have exclusive control of their respective 
 schools and school properties until such change of school system 
 and school district boundaries shall go into effect as hereinbe- 
 fore provided and to the end of the then current school year, 
 and on the first Monday of July following the date when such 
 change of school system goes into effect each of said school boards 
 shall settle their accounts with the board of education and shall 
 deliver all property, papers and records of each of their respec- 
 tive districts to said board of education. 
 
 4. Immediately after the holding of such special election in 
 each such district, each school district board shall certify anS 
 return the results of such election to the clerk of each city and 
 town within which any part of either of such district is located 
 and if such change of school system is voted upon favorably in 
 each such district, the clerk of each such municipality shall make 
 a record in his office showing the change of such system and 
 boundaries and the date when the same will go into effect. 
 
 5. If the existing system of school organization is directed 
 
GENERAL CHARTER LAW OF WISCONSIN. 77 
 
 <md controlled by a board of education or a school board either 
 appointed or elected under the provisions of a special charter, 
 .such system can be changed by vote of the electors taken at a 
 special election called and held pursuant to the provisions of 
 such special charter governing special elections. 
 
 6. If the existing system of school organization is directed 
 and controlled by a board of education appointed by the mayor 
 under the provisions of the general charter law, such system 
 can be changed by a vote of the electors taken at a special elec- 
 tion duly called and held pursuant to law. 
 
 7. In all cases where the existing system or plan of school 
 mi,, nizatioii shall be changed under the provisions of this act, 
 such change shall not go into effect until the close of the then 
 current school year. 
 
 8. In all cities governed by th's sub-chapter, the school shall 
 be rii'dcr the control of a board of education, which board ex-, 
 rept as provided in section 925 '113n shall consist of one com- 
 missioner from each ward and three from the city at large, to 
 be appointed by the mayor and confirmed by the common coun- 
 cil, or elected by the common council, if so determined by or- 
 dinance. The mayor in appointing or council in electing the 
 first board shall divide the members into three classes as nearly 
 equal as may be, one of the commissioners at large being in 
 each class, and shall appoint those of one class for one year, 
 those of another class: for two years, and those of the remaining 
 class for three years. Each commissioner shall hold his office 
 for the term designated in such classification and until his suc- 
 cessor shall have qualified ; thereafter all commissioners shall be 
 appointed or elected and hold their offices for three years and 
 until their successors shall have qualified. 
 
 925 113a. (Ch. 237, 1909.) 
 
 Cities, 4th class : changing school government. SECTION 
 '925 113a. 1. Upon the presentation of a resolution to the city 
 clerk of any city of the fourth class now operating its schools 
 under the provisions of the. general charter or a special charter, 
 :signed by thirty per cent, of the legal voters of. such city school 
 district, requesting a return to the ordinary district system of 
 school government, and an annulment of that provision of the 
 charter under which the schools are now administered, it shall 
 become the duty of the city council to submit this question to 
 the electors of the city school district at a special election, duly 
 ^called, noticed and held pursuant to law. 
 
 2. And if a majority of the electors of the city school district 
 
7^ <;K.\KRAL CHARTER LAW OF WISCONSIN, 
 
 shall, at the special electi: n duly held pursuant to the provisions 
 of such special charter governing special elections or of the- 
 "general charter, vote in favor of said change of school 'govern- 
 ment, then thereafter the schools of such city school district 
 shall be administered, maintained, and operated under the or- 
 dinary district form of school government until changed by 
 competent authority. 
 
 3. In all case- where the existing system or plan of school or- 
 ganization shall be changed under the provisions of this act, 
 such change shall not go into effect t until the close of the current 
 school year. 
 
 925 113m. (Ch. 177, 1909.) 
 
 Special -election, adopting 925 113n. SECTION 925 
 113m. At the special election mentioned in section 925 113,. 
 there shall be submitted to a vote .'of the electors of the several 
 school districts the question, " Shall the board of education be 
 elected in accordance with section 925 11 3n?" If a majority 
 of a'.] the votes cast upon that question at siu-h electi- n shall be 
 in the affirmative, then the board of education shall be elected 
 in accordance with the provisions of said section 925 113n at 
 the spring election held in such city next after the time when 
 such change of school system and school district boundaries shall 
 go into effect. 
 
 925 113n. (Ch. 177, 19<>;). 
 
 Board of education; members; election; notice; term; 
 vacancy. SECTION 925 113n. 1. Where the electors have 
 decided in the affirmative under the preceding section, the 
 board of education shall consist of- seven commissioners 
 elected at large from the territory of such city. The 
 members of .such board shall be divided as nearly equal as may 
 be into three classes. One class of three members shall be elec- 
 ted for one year, one class of two members for two years, and 
 those of the remaining class for three years. Such commissioners 
 shall be elected at the annual spring election held in such 
 city. The names of the candidates for the office of school com- 
 missioner shall be printed upon a separate ballot under the 
 title "school commissioners." 
 
 2. At the annual spring election next after the time when the 
 change of school system and school district boundaries shall go 
 into effect, there shall be elected seven commissioners to con- 
 stitute the board of education for such school district. All 
 qualified electors within such city shall be entitled to vote for 
 such commissioners at such election. 
 
GffiNEKAL rilAHTKR LAAV OP WISCONSIN. 79 
 
 3. At the first election held for the office of school commis- 
 sioner the two persons receiving the highest number of votes 
 shall he elected for three years, the two receiving the next high- 
 est number of votes shall be elected for two years, and the three 
 receiving- the next highest number of votes shall be elected for 
 one year. Each elector voting at such first election shall be en- 
 titled to vote for seven candidates. Thereafter such electors 
 shall elect at each spring election commissioners for the term of 
 three years. Each elector shall be entitled to vote for as many 
 candidates as there are commissioners to be elected and tlie 
 ones receiving the highest number of votes shall be elected. 
 
 4. The votes cast at such election shall be canvassed and re- 
 turn thereof certified to the common council. The common 
 council shaU canvass the returns of such election and shall de- 
 clare the re-.ult thereof as f : r city officers. 
 
 5. The persons elected in accordance herewith shall constitute 
 the b:>ard of education of such school district. The term of of- 
 fice of each such commissioner shall commence ori the first day 
 of .May following such election and each commissioner shall hold 
 office until his successor is elected and qualified. Vacancies in 
 such br-ard of education shall be filled by appointment by the 
 mayor of such city subject to the approval of the council. No- 
 tices of election under this statute shall be given as in other elec- 
 tions in said city. 
 
 925 114. 
 
 Annual meeting. SECTION 925114. The first meeting of 
 the board each year shall be held on the first Monday in May 
 or as soon thereafter as may be. At such meeting the board 
 shall elect one of its members president and another vice-pres- 
 ident. The president rhall preside and preserve order at every 
 me; --ting of the board at which he shall be present, and perform 
 such other duties as the board shall by rule, by-law or resolu- 
 tion from time to time require of him. It shall be the duty of 
 the vice-president to discharge the duties of . the president in 
 his absence. 
 
 925 115. 
 
 Secretary and superintendent. SECTION 925 115. In 
 'Cities of the first class the board of education shall, annually at 
 its first meeting or as soon thereafter as may be, elect a secretary 
 who shall not be a member of the board. In other cities the 
 city clerk shall be ex officio secretary of the board. In cities 
 not under the supervision of a county superintendent the board 
 
80 GENERAL CHARTER LAW OF WISCONSIN. 
 
 shall, in like manner at such meeting or as soon thereafter as 
 may be, elect a superintendent of schools for the city who shall 
 not be a member of the board. These officers shall hold their 
 respective offices for one year and until their successors shall 
 have been elected, unless sooner removed by a resolution adopted 
 by a vote of two-thirds of the members of the board. 
 
 925 116. 
 
 Authority of board. SECTION 925 116. The board of edu- 
 cation shall have authority : 
 
 1. To establish and organize such high schools arid so many 
 district schools and branches of the same, primary schools, night 
 schools and kindergartens as they shall deem expedient. 
 
 "2 To establish and change from time to time such and so 
 many school districts as shall include all the territory of the city, 
 and to afford to the people of the city such district school facil- 
 ities as the circumstances of the city and its various parts may 
 from time to time require ; provided, that in cities adopting this 
 chapter or being newly organized under it the school districts 
 already established shall remain until otherwise ordered by the 
 board. 
 
 3. To purchase and preserve such school apparatus as may 
 from time to time be required. 
 
 4. To grade the schools and prescribe the course of study to 
 be pursued therein and the text-books to be used ; provided, that 
 such text-books shall not be changed oftener than once in five 
 years 
 
 5. To employ teachers of all grades and fix their salaries. 
 
 6. To prescribe rules of order for the regulation of their own 
 meetings and deliberations, and alter and repeal the same from 
 time to time as they shall see proper. 
 
 7. To appoint all necessary standing and special committees. 
 
 8. To enact, amend and repeal all necessary rules, regulations 
 and by-laws for the government of the schools, teachers and 
 school officers. 
 
 9. To fix the salaries and prescribe the duties of the superin- 
 tendent of schools in cities not under the supervision of a counfy 
 superintendent, to authorize him to appoint such assistant super- 
 intendents, either for general or special service, as they may 
 deem necessary, and fix the salaries of such assistants ; to fix the 
 salary of the secretary of the board and his assistants : prescribe 
 his duties, whether he be the city clerk or one specially elected 
 by the board, and in the latter case to authorize such sec- 
 retary to appoint such assistants as they may deem necessary. 
 
GENERAL CHARTER LAW OF WISCONSIN. 81 
 
 10. To contract for and purchase all necessary fuel for the 
 schools and school offices, provide for lighting the same, appoint 
 janitors for the school buildings and school offices and fix their 
 salaries. 
 
 11. To estimate the expenses of the public schools as herein- 
 after provided. 
 
 12. To exercise all the powers necessarily incident to the pow- 
 ers herein conferred. 
 
 925 117. 
 
 Monthly and special meetings. SECTION 925 117. It 
 shall be the duty of said board to hold monthly meetings at 
 such times as it shall from time to time prescribe ; special meet- 
 ings may be held under such rules and regulations as the board 
 may fix. 
 
 925 118. 
 
 School buildings ; office for board. SECTION 925 118. It 
 shall be the duty of the board of public works, except as pro- 
 vided in section 925 87, under the direction of the council, to 
 erect and keep in repair all school buildings, and to provide 
 suitable offices for the board of education and its secretary, 
 if there be one other than the city clerk, and the city superin- 
 tendent of schools, if any. In the absence of permanent school 
 buildings, or proper offices for the transaction of school busi- 
 ness, the board of public works may rent suitable rooms, tem- 
 porarily, for schools or offices or either. 
 
 925 118a. (Ch. 194, 1909.) 
 
 Cities, 3rd and 4th class: school buildings; sites; con- 
 struction; contracts. SECTION 925 118a. In all cities of the 
 third and fourth class the expenditure of all sums of money 
 appropriated for the purchase of a school site, or sites, or for 
 the erection, enlargement, alteration, or repair of school build- 
 ings and for the maintenance of schools, shall be under the di- 
 rection and authority of the board of education. Whenever the 
 estimated cost of the buildings to be erected, enlarged, alterecT, 
 or repaired exceeds one thousand dollars, the board of education 
 shall make, or cause to be made, plans and specifications setting 
 forth clearly and in detail the work to be done and the material 
 to be used and an estimate of the cost of the same. After these 
 plans and estimates have been adopted by the board and ap- 
 proved by the common council said board shall give at least 
 ten days' notice by advertisement in the official city paper, or in 
 fi 
 
82 GENERAL CHARTER LAW OF WISCONSIN. 
 
 one designated by the common council, of the reception of bids 
 for the execution of the proposed work. 
 
 All bids must be sealed and accompanied by a satisfactory 
 bond in such sum as may be 'designated in the advertisement for 
 bids, signed by the bidder and two or more sureties, who shall 
 be residents of this state, and who shall justify as to their re- 
 sponsibility and by their several affidavits show that they are 
 worth in the aggregate at least double the amount of the bond 
 in property not by law exempt from execution in this state, or 
 by a bond of a surety company duly licensed to transact busi- 
 ness in this state, such bond and sureties to be approved by the 
 board previous to the opening of the accompanying bids or pro- 
 posals, and shall be conditioned that the bidder will enter into a 
 contract with the required sureties, for the price mentioned in 
 his propoal and according to the plans and specifications on 
 file, in ease the contract shall be awarded to him; and in case 
 of failure on his part to execute a contract with satisfactory 
 sureties, said bond shall ;be prosecuted in the name of said city 
 and judgment recovered thereon for the full amount of the pen- 
 alty thereof as liquidated damages, in any court having juris- 
 diction of the action, unless the common council shall by resolu- 
 tion direct that no action be commenced; provided that a certi- 
 fied check for not less than five per cent, of the estimated cost 
 of said proposed work may be received by said board in lieu 
 of the bond hereinbefore provided for. The power to reject 
 any and all bids shall be deemed to exist unless expressly 
 waived. 
 
 All contracts entered into under this provision shall be let 
 to the lowest bidder, except as hereinafter provided. When- 
 ever the lowest bid for any work to be let by the board shall 
 exceed the estimates, or seem to said board to be unreasonably 
 high, the board is authorized to reject all bids and to re-adver- 
 tise the work anew; or whenever no proper bids shall be re- 
 ceived, or whenever the lowest bid exceeds the estimate, or the 
 l<.-west bidder shall be in the judgment of said board incom- 
 petent, or otherwise unreliable for the performance of the work 
 for which he bids, the said board shall report to the common 
 council a schedule of all the bids received together with such 
 recommendations as the board shall choose to make with their 
 reasons therefor, and the common council may authorize the 
 board to let the work to the lowest competent and reliable bid- 
 der ; or the council by vote of two-thirds of all its members may 
 authorize the board to have the work done under the supervision 
 of such person or persons as the board may designate. 
 
GENERAL CHARTER LAW OF WISCONSIN. 83 
 
 A written or printed contract shall be entered into for the 
 completion of the work with a bond in such sum as the board 
 may designate for its full performance. Said bond shall be ex- 
 ecuted by two or more sureties for the contractor, guarantee- 
 ing 1 to the satisfaction of said board the performance of such 
 contract by the contractor under the supervision and to the 
 satisfaction of said board, each of which sureties shall make 
 affidavit that he is a resident of the state of Wisconsin, and 
 that he is the owner of real estate in the state of Wisconsin, 
 free from incumbrances, subject to execution, of a cash value 
 e<juaj to the 1 penal sum of mAi bond, and that he is worth the 
 estimated amount of money to be paid on such contract, over 
 and above all his debts and liabilities, in property in this state 
 subject to execution, or by a bond of a surety company duly 
 licensed to do business in this state. 
 
 The said hoard shall reserve in every contract the right to 
 determine finally the performance of such contract, or doing of 
 tlie work specified therein; and the right, in case of improper 
 or im perfect performance thereof, to suspend such work at any 
 time ; or to order the entire reconstruction of the same, if im- 
 properly done, or to relet the same to some other competent 
 party; and also the right, in case such work shall not be prose- 
 cuted with such diligence and with Mich number of men, as to 
 insure its completion within the time limited by the contract, 
 to suspend such work and to relet the same to some other com- 
 petent party, or to employ men and secure material for the 
 completion of the same, and charge the cost to the contractor. 
 
 And power is hereby given to the said board to adjust and 
 determine all questions as to the amount earned under any con- 
 tract by the contractor or contractors, according to the true 
 intent and meaning of the contract ; such adjustment and deter- 
 mination by said board shall be reported by the board to the 
 common council, and when approved by said council shall be 
 final between the parties and binding upon them. If the 
 amount of damages tr, be paid to the city shall exceed the 
 amount due from the city to the contractor, or contractors, ac- 
 cording to such determination and adjustment, then the differ- 
 ence, or balance in favor of the city, according to such deter- 
 mination and adjustment, shall be recoverable by law in an ac- 
 tion in the name of the city against such contractor, or con- 
 tractors, and their surities in any court having jurisdiction. 
 
 Kve.ry contract with the city shall also < 'itain a covenant or 
 agreement on the part of the contractor or his sureties, that in 
 case such contractor shall fail to fully complete and perform 
 
84: GENERAL CHARTER LAW OF WISCONSIN, 
 
 such contract within the time therein limited for the perform- 
 ance thereof, such contractor shall pay to the city as liquidated 
 damages for such default, a certain and definite sum for each 
 day's delay in completing the contract, after the time therein 
 limited for its completion, which daily sum shall be determined 
 and fixed by said board before the contract for the work shall 
 be let and shall be stated in the advertisement for proposals 
 for the work, and shall be inserted in the contract, and shall in 
 110 case be less than one-half of one per cent, of the aggregate 
 cost of the work embraced in said contract. 
 
 Payments may be made at intervals as the work progresses, 
 but no more than eighty per cent, of the value of the work ac- 
 tually done and material furnished shall be paid at any time 
 before the entire completion of the work. 
 
 The board of education shall have authority to employ a com- 
 petent person, or persons, for the supervision of .the work. 
 
 In any city of the third and fourth class the common council 
 may adopt this subsection as provided in section 926, chapter 
 40b, statutes of 1898. 
 
 925 119. (Ch. 186, 1899.) 
 
 Estimate of expenses. SECTION 925 119. The board of 
 education shall prior to the first day of March each year make 
 an estimate of the expenses of the public schools for the ensu- 
 ing year, including all necessary incidental expenses and the 
 amount thereof which it will be necessary to raise by city taxa- 
 tion and certify the same to the city clerk who shall lay the same 
 before the common council at the first regular meeting thereof 
 in March. It shall be the duty of the common council to con- 
 sider such estimate and by resolution duly adopted prior to the 
 first day of April, determine the amount to be raised by city 
 taxation for school purposes for the ensuing year, which amount 
 -so fixed shall be included in the annual budget to be raised by 
 a tax called the city school tax, which shall be collected the same 
 as other taxes. It shall be the duty of the city treasurer to 
 set aside and keep all moneys raised in any way for school pur- 
 poses, whether by the state, the county or the city, coming into 
 his funds in a separate fund to be called the school fund, ancj. 
 to pay out the same upon the orders of the board of education, 
 signed by its president and certified by its secretary; provided 
 that teachers' and janitors' salaries may be included in a 
 single order each month in' the form of a pay roll to be signed 
 and certified as aforesaid; provided further, that in any city 
 adopting this chapter, if at the time of such adoption the board 
 
GENERAL CHARTER LAW OF WISCONSIN. 85 
 
 ,-f education or school, board shall have power to levy the city 
 school tax or the district school taxes, such power shall continue 
 unaffected by this chapter, and this section shall not apply to 
 such city nor be in force therein until specially adopted by a 
 vote of three-fourths of the members of the council. 
 
 925 119m. (Ch. 177, 1909.) 
 
 Tax: property subject to levy; collection. SECTION 925 
 11 <iu). 1. In all cities governed by this sub-chapter, having a 
 school system under the provisions hereof and having attached 
 to or connected with it for school purposes territory outside of 
 the city limits, all the taxable property within the territory 
 so attached to or connected with such city shall be subject to 
 be taxed for the support and maintenance of the schools of such 
 city, the same as property within such city*, 
 
 2. It shall be the duty of the city clerk of such city in each 
 year to ascertain the rate per cent which all taxes raised ic 
 said year in said city for school purpo-es bear to the assessed 
 value of all the property tax for school purposes within such 
 city for that year, a.nd on or before the 25th day of November 
 in such year in writing to notify the town clerk or clerks of 
 the town or towns in which such attached or connected terri- 
 tory is, situated of such per cent or rate of taxation in such 
 city for school purposes, and it shall thereupon be the duty of 
 said town clerk or clerks and each thereof immediately to carry 
 out on the lax rolls of such town or towns respectively for such 
 year a tax for M-hool purposes of the same per cent on all tax- 
 able property within that portion of their respective towns so 
 attached to such city for school purposes and such tax so carried 
 out on such tax rolls is hereby declared duly levied and a lien 
 on such taxable property until paid the same as other taxes as 
 provided by law. 
 
 8. It shall be the duty of the treasurer of such town or each 
 such town to collect said tax in the same manner as other taxes, 
 and the said treasurer or treasurers respectively shall pay over 
 in each year in full the amount of taxes so carried out on said 
 rolls and assessed on said property in their towns respectively 
 for the purposes of schools in such city to the treasurer of such 
 city, in the same order and as they are now required by law to 
 pay moneys raised for common school purposes, and return 
 taxes collected for any school district whether such town treas- 
 urer has collected such tax or not. 
 
 4. If the taxes hereby provided for shall not be collected by 
 said treasurer they shall be returned with and as delinquent 
 
86 GENERAL CHARTER LAW OF WISCONSIN. 
 
 taxes and their collection enforced in the manner now provided 
 by law for collecting' delinquent taxes. 
 
 Chapter XV. Finances and Expenditures. 
 
 925 120. (Ch. 349, J907.) 
 
 City, fiscal year. SECTION- !)25 120. The fiscal year shall 
 commence on the first day <f Junit'uij in each year and cioM 1 
 on the thirty-first day of Dccctnix r next succeeding. 
 
 925 121. 
 
 Funds, how drawn upon. SECTION 1)25 121. All funds 
 in the city treasury, except school funds, funds created ond 
 set apart for the payment of interest and principal of the debt 
 of the city and funds collected on special assessments, shall be 
 under the control of the council and be drawn out upon the or- 
 der of the mayor and clerk, duly countersigned by the comp- 
 troller, if there be one, \vheii authorized by a. vote of the coun- 
 cil. All orders drawn upon the treasurer shall specify the 
 purposes for which they are drawn, and be payable out of any 
 funds in the treasury not otherwise appropriated, and shall be 
 payable to the persons in whose favor they aiv drawn, and may 
 be transferred by indorsement. 
 
 925 121a. (Ch. 493, 1907.) 
 
 Cities first class : claims ; settlement. SECTION 925 121a. 
 Whenever a claim against a city of the first class shall be settled 
 by the common council, the reason for such action must be stated 
 in writing and signed by the committee and entered upon the 
 minutes of the proceedings of the common council. Whenever 
 such settlement is made upon the recommendation of the city at- 
 torney or his assistant, or other legal officer; the reason therefor 
 must be stated in writing, signed and filed with the city clerk, 
 and published with the proceedings of the common council. 
 
 925 122. 
 
 Special funds, SECTION 925 122. The city treasurer shall 
 not pay_cut the funds in his hands which shall.be appropriated 
 by law for any special purpose except for the purpose for which 
 such funds are appropriated, any direction of the council to the 
 contrary notwithstanding. 
 
 925 123. 
 
 Debts, how contracted. SECTION 925 123. No debt shall 
 be contracted against the city or certificate of indebtedness 
 drawn upon the city treasurer unless the same shall have been 
 
(rKXERAL CHARTER LAW OF WISCONSIN, 87 
 
 authorized by a, vote of a majority of all the * members of the 
 council, and no money shall be appropriated for any purpose 
 whatever except such as is expressly authorized by this chapter 
 or other provisions of these statutes. 
 
 925 124. 
 
 City orders. SECTION 925 124. The council shall not au- 
 thorize the issue of orders upon the treasurer unless the money 
 to pay the same is in his hands to the credit of the fund upon 
 which the orders are drawn. 
 
 925 125. 
 
 Treasurer's statement. SECTION 925 125. The treasurer 
 shall, on the first day of each month, deliver to the city clerk a 
 statement showing the condition of the treasury at the close of 
 the preceding month and a statement of all disbursements since 
 the last report. The comptroller shall examine said report and 
 the vouchers for the disbursements referred tr, and attach thereto 
 a report of his examination thereof, and the city clerk shall place 
 the same before the council for consideration at its next meeting. 
 When said report shall have been approved the clerk shall pre- 
 serve the same, with the vouchers referred to therein, in his office. 
 
 925 126. 
 
 Borrowing money. SECTION 925 126. The council may 
 borrow money to pay the ordinary expenses of the city, not ex- 
 ceeding twenty per cent, of the tax levy for the same purposes 
 the preceding year. Certificates of indebtedness may be issued 
 therefor, signed by the mayor and clerk, bearing interest not 
 exceeding the legal rate per annum and payable not later than 
 the first day of March after the same are issued; provided, that 
 no such loan shall be made unless authorized by a vote of at least 
 three- fourths of all members of the council at a regular meet- 
 ing thereof. 
 
 925 127. 
 
 Deposit of funds. SECTION 925 127. The council may 
 designate by resolution the bank or banks where the money be- 
 longing to the city shall be deposited, and the security, to be ap- 
 proved by the mayor and comptroller, to be given by such bank 
 or banks, and when the money is so deposited the treasurer and 
 his bondsmen shall not be liable for the loss thereof by reason 
 of the failure of such bank or banks, and the interest arising 
 therefrom shall be paid into the treasury; provided, such money 
 shall not be deposited in any bank without this state. 
 
88 GENERAL CHARTER LAW OF WISCONSIN; 
 
 925 128. 
 
 Interest. SECTION 925 128. The council may contract with 
 a bank receiving the city deposits for the payment of interest 
 thereon. 
 
 925 129. 
 
 Deposits, how drawn upon. SECTION 925 129. The coun 
 cil may so provide that all moneys in the hands of the treasurer 
 at the end of each month, not exceeding a sum to be specified, 
 shall be deposited in the bank or banks selected for that pur-pose 
 in a special account, and no money shall be drawn from said 
 account except on a check or order signed by the treasurer anH 
 countersigned by the comptroller. Whenever the balance in the 
 general account falls below such specified sum the comptroller 
 may countersign a check for a sufficient amount to increase the 
 balance in such account to such specified sum. No change in this 
 regard shall be made in any year, after the treasurer shall have 
 filed his bond, which will increase the liability of the bondsmen; 
 provided, that the city treasurer of all cities of the first class may 
 keep on hand in the treasury, in addition to the amount deposited: 
 in banks, ten thousand dollars, and said amounts may be main- 
 tained by the treasurer and comptroller by the issuance of checks 
 upon any bank depository of said city. 
 
 925 130. 
 
 Temporary loans. SECTION 925 130. All temporary loans 
 shall be paid out of the taxes levied for the ensuing year un- 
 less sooner provided for. 
 
 925 131. 
 
 Loans, how authorized; purposes. SECTION 925 131. In 
 cities of the first class the council may, by resolution adopted 
 by a vote, in favor of the same at a regular meeting, of three- 
 fourths of all its members borrow money to such amount as in 
 its opinion the safety or interest of the city may require and 
 may issue certificates of indebtedness therefor in the manner 
 herein specified ; provided, that no money shall be borrowed or 
 paid out except for strictly municipal purposes. 
 
 925 132. 
 
 License moneys Purchase of bonds. SECTION 925 132. 
 All moneys received for licenses of all kinds shall be paid into 
 the treasury, and may be used in paying the bonded indebtedness 
 of the city or otherwise as the council shall direct. If any bonds 
 
GENERAL CHARTER LAW OF WISCONSIN. 89 
 
 arc due ;uul there is money available to pay the same the treas- 
 urer shall call in such bonds in their order. If no bonds are then 
 due the treasurer may advertise for proposals to sell bonds to 
 tlie city in such manner as the council may direct, and shall 
 take up the lowest offers sufficient to exhaust the money available 
 for such purpose. 
 
 925 133. (Ch. 235, 1907.) 
 
 Bonds: issuing; purposes; popular vote. SECTION 925 
 133. The council shall have authority to issue bonds for the 
 following purposes only: 
 
 1. Building- school-houses and for public libraries. 
 
 2. Building bridges. 
 
 3. Erecting public buildings for the use of the city. 
 
 4. Purchase of apparatus for fire protection. 
 
 5. Street improvements which are to be paid for by the city. 
 
 6. Waterworks, sewers and drains, lighting works for streets, 
 public buildings and hospitals and in cities of other than the 
 first class iY.-r the construction and operation of lighting works- 
 to supply the city and its inhabitants with electric or other light 
 
 7. For the purchase or establishment of public parks, public 
 drives, boulevards, cemeteries, garbage grounds, public hospi- 
 tals and purchasing sites for public buildings and for a city 
 market place. 
 
 8. Purchase of toll bridges and approaches, and for the pur- 
 chase of a site for and the construction, maintenance or acquir- 
 ing of public docks, wharves and the approaches thereto, and 
 for dredging, docking, river and other harbor improvements. 
 
 9. Such other purposes as are authorized by these statutes. 
 No such bonds shall be issued Unless authorized by an ordinance 
 adopted by a vote in favor of the same of at least three-fourths 
 of all the members of the common council elect, said vote to be 
 at a regular meeting, not less than one week after the proposed 
 ordinance shall have been published in the official paper of the 
 city. In case of bonds issued for street improvements, school 
 purposes, water works, lighting works for streets and public 
 buildings, hospitals, dredging, docking, river and other harbor 
 improvements, sew r erage, parks and public grounds, a vote of 
 the people of the city shall not be required unless within thirty 
 days after the passage by the common council of the city of 
 the ordinance authorizing the issuing of the bonds for such, 
 purposes there shall be filed in the office of the city clerk a peti- 
 tion in writing signed by not less than ten per cent, in number 
 of the voters who voted in said city at the last general state 
 
90 GENERAL CHARTER LAW OF WISCONSIN'. 
 
 election, asking for submission of the question of issuing such, 
 bonds to a vote of the people, in which case such question shall 
 be submitted as provided in section 943; provided, that 110 
 such bond shall be issued so that the amount thereof, together 
 with all other indebtedness of the city, shall exceed five per 
 cent of the assessed valuation of the property therein at the 
 last assessment for the state and county taxes previous to the 
 incurring of such indebtedness; that all such bonds issued 
 shall be payable at the option of the city in annual install- 
 ments, the last installment being pavable not mere than 
 twenty years after their date, and shall bear interest not ex- 
 ceeding MX per cent, per annum payable semi-annually, and 
 that the council shall have provided for the collection of a 
 -direct annual tax sufficient to pay the interest thereon as it 
 fall?, due and to pay and discharge the principal thereof with- 
 in twenty years from the date of the issue of such bonds. The 
 council may also issue negotiable bonds constituting a general 
 city liability tor the refunding of other bonds or for the fund- 
 ing of general city indebtedness or liability in the following 
 cases: 
 
 a. For the refunding of valid general city bonds hereto- 
 fore issued or issued by a village or other municipality to whose 
 property, rights and liabilities the city has succeeded. 
 
 b. .For the funding of general city liability existing by reason 
 of the fact that the city has received and has had the use and 
 benefit of moneys raised by the issue or sale of bonds purporting 
 to be a general city liability, but which are technically invalid 
 for the failure to levy a. tax as required by sectie-n 3 of article ] 1, 
 of the constitution. <:r ai r not in lawful form, or where there was 
 some defect in holding 'an election, or in some of th'3 proceedings 
 upon which the bonds were based. This subdivision shall apply 
 only to cases in which the moneys were applied to general city 
 purposes, and ought justly to be repaid by the city, where there 
 is an actual existing liability for such repayment, and where 
 such liability did not at the time the money was so received ex- 
 ceed the five per cent, limit of the constitution. 
 
 c. For the funding of general city liability arising from the 
 fact that the city has issued special street, sewer, harbor, hospi- 
 tal, dredging, docking, river and other improvement bonds, 
 which do not constitute a general eky liability, bu 1 : where the 
 city has collected assessments levied for the payment of the 
 bonds and the same have been lost or diverted to other pur- 
 poses, such bonds not to exceed the amount so collected with 
 interest. Provided, however, that such collection and diver- 
 sion constitute a general city liability. 
 
GENERAL CHARTER LAW OF WJSCOXSIX. 91 
 
 d. For the funding- of street, ."ewer, harbor, hospital, dredg- 
 ;nu. docking, river and other improvement bonds which for any 
 reason constitute a general city liability not exceeding the con- 
 stitutional debt limit. 
 
 e. For the funding of judgments against the city, which 
 cannot in the judgment of the council be paid by current taxa- 
 tion. Such funding or refunding bonds may run not exceed- 
 ing twenty years from the time of their issue and may be negoti- 
 able coupon bonds payable to bearer at a rate of interest not 
 exceeding that of the debt funded or refunded. Such bonds 
 may be sold at not less than par and accrued interest and the 
 proceeds used to pay the liability for which they were issued, 
 or in. v be exchanged for the evidence of liability -replaced by 
 them. Xo such bonds- shall be issued unless authorized by an 
 ordinance adopted by a, vi/te in favor of the same by at least 
 three-fourths of all the members of the common council elect, 
 said vote to be at a, regular meeting not less than one week 
 .after the proposed ordinance shall have been published in the 
 official paper of the city. All such bonds issued shall be pay- 
 able at the option of the city in annual installments, the last 
 installment being payable not more than twenty years after 
 their issue. Before or at the time of issuing said bonds the 
 council shall provide for the collection of a direct annual tax 
 sufficient to pay the interest thereon as it falls due and to pay 
 and discharge the principal thereof within twenty years from 
 the time of the issue of such bonds. Said funding or refunding 
 bonds need not be authorized by a vote of the people, and shall 
 be signed by the mayor, countersigned by the city clerk and 
 sealed with the corporate seal. Said officers before executing 
 said bonds shall ascerta'n that they do not exceed the limit 
 pi '-"! ibed by the constitution of the state of Wisconsin and 
 that all provisions required by the constitution and laws of 
 Wisconsin have been duly complied with. Refunding bonds 
 whoH> issuance, by ordinance heretofore adopted has been di- 
 rected to be made in the manner provided by section 925 133 
 of the statutes, shall be issued, and further proceedings in re- 
 gard thereto shall b;> taken, in accordance with the provisions 
 of this act. 
 
 925 134. 
 
 Claims, etc., to be verified. SECTION 925 134. All claims 
 and demands against the city shall be itemized, verified by the 
 oath of the claimant or si me one in his behalf, and filed with 
 the clerk, who shall deliver the saine to the comptroller for ex- 
 
92 GENERAL CHARTER LAW OF WISCONSIN. 
 
 ami nation, who shall within thirty days thereafter examine such: 
 claim or demand and return the same to the clerk with his re- 
 ]><:rt thereon in wiitint/, \\ h , sha'l place the same l)eforc the 
 council for action at its next meeting. When the .council shall 
 have taken final action any person aggrieved may appeal from 
 such action in the manner provided in this chapter. 
 
 925 135. 
 
 Payment of employees. SECTION 925 135. The council 
 may provide for the payment of persons employed by the board 
 of public works on monthly pay rolls and shall prescribe the form 
 of the same; provided, that- said pay rolls shall be verified by 
 said board, be examined and countersigned by the comptroller 
 and pa-sed upon by the council the same as other claims. 
 
 Chapter XVI. Assessment and Collection of Taxes. 
 
 925 136. (Ch. 211, 1899.) 
 
 Property to be taxed. SECTION 1)25 ]:}('). All property 
 in the city subject to taxati< n under these statutes, shall be 
 subject to taxation for all purples authorized by this chapter; 
 but the common council of any. city may provide by ordinance 
 for the levy and collection of a. poll tax of one dollar and fifty 
 cents e-ich, a^es-ed upon the electors of such city, with such 
 exemptions as provided in sub-division 1 of chapter 1240 of the 
 Wisconsin statutes of 1898 ; and the same proceedings may Be 
 had for the enforcement of such ordinance and of judgments 
 tendered for the violation thereof, as in actions for the violation 
 of other city ordinances. 
 
 925 137. 
 
 Duties of assessors. SECTION 925 137. The assessor or 
 assessors elected or appointed under this chapter shall, within 
 the time and in the manner prescribed by law for making tEe 
 a ^ eminent of property for taxation under these statutes make 
 an accurate assessment of all property in the city subject to 
 taxation ; provided, that in cities of the first class the tax com- 
 missioner shall perform such duties in relation to the assess- 
 ment of property for taxation as may be prescribed by the 
 council; and provided further, that the assessment roll for the 
 entire city or the roll for each ward of the city shall be made 
 as the council may direct. 
 
GENERAL CHARTER LAW OF WISCONSIN. 93 
 
 925 138. 
 
 Return and examination of rolls. SECTION 925138. 
 When the assessment roll or rolls shall have been completed in 
 cities of the first class the same shall be delivered to the tax 
 commissioner, and in all other cities to the city clerk, who shall 
 thereupon give notice by publication in the official paper of the 
 city for ten -days that on a certain day or days therein named 
 said assessment roll or rolls will be open for examination by 
 the taxable inhabitants, which said notice may assign a day or 
 days certain for each ward, where there are separate assess- 
 ment rolls for such wards, for the inspection of such rolls. On 
 such examination the tax commissioner, assessor or assessors may 
 make such changes as may be necessary to perfect the assessment 
 roll or rolls and after the corrections are made the said roll or 
 rolls shall be submitted by the tax commissioner or city clerk to 
 the board of review. 
 
 925 139. (Ch. 371, 1907.) 
 
 Board of review: members. SECTION 925 139. 1. In 
 cities of the first class, the mayor, clerk, tax commissioner and 
 assessor or assessors shall constitute a board of review, and in 
 all other cities the mayor, city clerk and such officer or officers, 
 other than assessors, as the common council shall, by ordinance, 
 determine shall constitute a board of review. 
 
 Salaries. 2. In all cities except those of the first class the 
 common council, shall, by ordinance, fix the salaries of the mem- 
 bers of the board of review. 
 
 925 140. 
 
 Meeting of. SECTION 925 140. The board of review shall 
 meet on the first Monday of July of each year and proceed as 
 prescribed by these statutes. 
 
 925 141. 
 
 Delivery of rolls. SECTION 925 141. When the roll or 
 rolls shall have been examined and completed by the board of 
 review the assessor or assessors shall deliver the same, as com- 
 pleted and verified as required by these statutes, together with 
 all statements of valuations, to the city clerk, who shall preserve 
 the same in his office. 
 
 925 142. (Ch. 186, 1899.) 
 
 Estimates of expenses. SECTION 925 142. On or before 
 the first day of October in each year the board of public works, 
 
94 GENERAL CHARTER LAW OF WISCONSIN. 
 
 if there be one, shall file with the city clerk a detailed state- 
 ment of the amount of money that will be required for the ensuing 
 fiscal year in such department, and the city comptroller or the 
 officer performing his duties shall likewise file a statement of 
 the amount required by the police and fire departments, the 
 general and library fund, and for the purpose of paying inter- 
 est for the ensuing year on the public debt and five per cenfT. 
 of the principal thereof. The city clerk shall place such esti- 
 mates before the council at its next regular meeting, and the 
 council shall thereupon by resolution, levy such sunis of money 
 as may be sufficient for the several purposes for which taxes 
 are authorized not exceeding the amount provided by section. 
 925 142a. And in making such levy they shall take into con- 
 sideration the estimated amount that will be received by the 
 city during the fiscal year from licenses or from any other 
 source. 
 
 925 142a. (Ch. 262, 1899.) 
 
 City levy; limitation. SECTION 925 142a. The common 
 council shall have the power to levy annually such sum or sums. 
 of money as may be sufficient for the several purposes for which 
 taxes are authorized to be levied and to apportion the same into 
 such funds for city or ward purposes as they may provide by 
 ordinance or resolution; provided, a tax levied for any one year 
 for municipal purposes, together with the tax required to be 
 levied for state, county, county school and school district pur- 
 poses, -and for delinquent taxes for the preceding year, shall 
 not exceed three and one-half- p;T cent. of. the assessed value 
 of the real and personal property in the city in that year.*' 
 
 925 143. (Ch. 196, 1901.) 
 Tax roll and warrant; apportionment School tax. 
 
 SECTION 925 143. It shall be the duty of the city clerk to 
 make out a complete tax roll in the manner and form provided 
 by law, and as soon as practicable after the levy shall have been 
 made by the council as prescribed in the preceding section, and 
 the certificate of the c: unty clerk showing the amount of state 
 and county taxes apportioned to the city shall have been re- 
 ceived, to cause the same to be extended upon such tax roll upon 
 a uniform percentage by setting opposite the description of 
 each lot, tract or parcel of land, and to the name of each per- 
 Kc.n named in said roll, in proper column-', such proportionate 
 
 *School Tax Levy. SECTIOX 1, ch. 81, laws of 1899. All cities of the 
 third and fourth class operating under a special or general charter are 
 hereby authorized to levy annually a special tax for school purpO'Ses 
 not exceeding one mill on the 'dollar of the assessed valuation of all 
 the real and personal property in said city for that year in addition 
 to the total tax now authorized to be levied by such cities. 
 
GENERAL CHARTER LAW OF WISCONSIN. 95 
 
 (,f the sums of taxes so levied as may be chargeable upon 
 such let, tract or parcel of land or against such person, and 
 also enter and extend upon such tax roll all special assessments 
 required to be entered thereon. To such tax roll shall be ap- 
 pended a warrant signed by the mayor and clerk, substantially 
 in the following form: To - , city treasurer of 
 
 the city of - : You are hereby required to collect 
 
 from each of the persons and corporations named in the an- 
 nexed tax roll, and from the owners or occupants named of 
 the real estate described therein, the taxes set down in such 
 roll, opposite to their respective 1 names and to the several par- 
 eels of land therein described; and in case any person or cor- 
 poration upon whom any such sum or tax is imposed shall re- 
 fuse or neglect to pay the same, you are to levy and collect the 
 same by distress and sale of the goods and chattels of the per- 
 son or 1 corporation so taxed, and out of the moneys so to be 
 collected, after deducting your fees, you are first to pay to the 
 treasurer of said county, on or before the second Monday of 
 February next, the sum < i : - - for state taxes, you 
 
 are to retain and pay out as city treasurer according to law the 
 sum of - , and the balance of said moneys you are 
 
 required to pay to said treasurer for county purposes on or be- 
 fore the fifteenth day cf March next ; by which day you are 
 further required to make return to said treasurer of this war- 
 rant with said roll annexed, together with your doings thereon 
 
 as required by law. Dated the - day of - -, 
 
 19 . , Mayor. > , Clerk. And in 
 
 cities where the school district system is in force the city clerk 
 shall, upon the receipt by him of the statement or statements 
 of the amount of school tax apportioned to the part of the dis- 
 trict or -districts respectively within such city, extend the same 
 upon the tax roll and apportion the same as required by law. 
 And in such cities the warrant for the collection of taxes shall* 
 in addition to the other aforesaid directions, therein require the 
 city treasurer to pay out according to law, from the money so 
 collected by him, to the person or persons lawfully entitled 
 thereto the amount of the district school tax collected by him 
 thereunder. 
 
 925 144. 
 Evidence, roll and warrant as. SECTION 925 144. The 
 
 tax roll and warrant thereto attached shall be prima facie evi- 
 dence in all courts that the property therein described and per- 
 sons therein named were subject to taxation and to the special 
 
96 GENERAL CHARTER LAW OF WISCONSIN. 
 
 assessments therein entered, and that the assessment was just 
 and equal, and the same shall be delivered ta the city treasurer 
 on or before the fifteenth day of December in each year. 
 
 925 145. 
 
 Taxes, cancellation of. SECTION 925 145. After the tax 
 roll shall have been thus delivered to the treasurer it shall not 
 be lawful for the council to remit, annul or cancel any tax spec- 
 ified therein except in the following cases: 
 
 1. When a clerical error has been made in the description of 
 the property or in the extension of the tax. 
 
 2. When improvements on lots were considered in making 
 the assessment roll, where the improvements did not exist at the 
 time fixed by law for making the assessment. 
 
 3. When the property is exempt by law from taxation. 
 
 4. When a person has been assessed the same year for the 
 same property in more than one ward or place. 
 
 925 146. 
 
 Assessments, how carried out. SECTION 925 146. All 
 special assessments shall be carried out on the tax roll in a sep- 
 arate column or columns opposite the lots or tracts upon which 
 the same may be a lien, and the treasurer shall have the same 
 authority with reference thereto as if the amount of such lien 
 was a general tax. 
 
 925 147. (Ch. 195, 1901.) 
 
 Treasurer's notice. SECTION 925 147. On the receipt of 
 such tax roll the treasurer shall give one week's notice thereof in 
 the official paper; such notice shall specify that the taxes must 
 be paid on or before the thirty-first day of January following. 
 
 925 148. 
 
 Collection of taxes. SECTION 925 148. On the expiration 
 of the time specified the treasurer shall proceed to enforce the 
 collection of such taxes in the manner provided by law; pro- 
 vided, that in cities -of the first class he shall issue his warrant, 
 directed to the chief of police of the city, requiring him, within 
 a time specified therein, to collect such taxes on personal prop- 
 erty as shall then remain unpaid, and the chief of police re- 
 ceiving such warrant shall possess all the powers given by law 
 to town treasurers for the collection of such taxes, and be sub- 
 ject to the liabilities and entitled to the same fees as town treas- 
 urers in such cases. 
 
GENERAL CHARTER LAW OF WISCONSIN. 97 
 
 
 
 925 149. 
 
 Bond of chief of police. SECTION 925 149. Before the 
 treasurer shall sign his warrant to the chief of police such chief 
 of police shall give a bond to the city, in such sum and with 
 such sureties as the council may prescribe, for the payment to 
 I he city treasurer .< f all taxes by him collected or received by 
 virtue of such warrant. 
 
 925 150. 
 
 Return of tax warrant. SECTION 925 150. Within the 
 tiire required by these statutes in the case of town treasurers 
 for the return to the county treasurers of the delinquent taxes 
 on person:}] and real property, the said chief of police, in cities 
 of tlie first class, shall return his warrant for the collection of 
 taxes of personal property to the treasurer. 
 
 925 151. 
 
 Apportionment of taxes ; delinquent returns. SECTION 
 925 151. Out of the taxes collected the treasurer shall first 
 pay the state tax to the county Jreasurer, and shall then set aside 
 all sums of money levied for school taxes, then moneys levied for 
 the payment of judgments, then all sums raised as special taxes 
 in the order in which they, are levied, then taxes for the pay- 
 ment of principal and interest on the public debt, then taxes for 
 bridge purposes, then for fire purposes, then for streets and 
 other public improvements, and lastly county taxes. Delinquent 
 returns shall be made to the county treasurer in all respects as 
 required by these statutes, and thereafter such proceedings shall 
 be had with reference to the delinquent taxes so returned as are 
 provided for in case of delinquent returns from towns. 
 
 925 152. (Ch. 194, 1901.) 
 
 Treasurer's fees. SECTION 925 152. The city treasurer 
 shall he entitled to receive and collect as fees for the collection 
 of taxes O'ne per cent, upon all sums collected prior to or on the 
 thirty-first day of January, and three per cent. up>n all sums 
 collected by him thereafter; and in case of a distress and sale 
 made by him of goods or chattels for the payment of any taxes 
 lie shall reseive such fees as are allowed to constables for simi- 
 lar service. The city treasurer shall keep in a book to be pro- 
 vided for that purpose true accounts of all fees by him received 
 as treasurer from any source, and such book shall be open for 
 inspection at all reasonable times, and he shall have O'li file and 
 7 
 
98 GENERAL CHARTER LAW OP WISCONSIN. 
 
 make return to 'the council, duly certified on oath, an itemized 
 statement of all fees or other moneys received and paid out 'by 
 him as treasurer; he shall receive no further compensation for 
 his services as treasurer than is hereinbefore specified; provided, 
 thai in cities where the Imisurer receives a salary the fees col- 
 lected shall belong to and be paid into the treasury. 
 
 925 153. 
 
 Provisions directory. SECTION 925 153. The di reel ions 
 herein given for the assessing of lands and personal property 
 and levying and collecting taxes shall be deemed directory only, 
 and no error or informality in the proceedings of any of the 
 officers intrusted with the same, not affecting the substantial 
 justice of the tax, shall vitiate or in anywise affect the validity 
 of such tax, or assessment. 
 
 Chapter XVII. Eminent Domain. 
 
 925154. 
 
 For what purposes power exercised. SECTION 925 154. 
 All cities of the first class governed by this chapter shall have 
 the power to condemn lands for streets, alleys, public grounds. 
 parks, cemeteries, sites for school and other public buildings, and 
 lands to be used for purposes of drainage and water distribution 
 and other public municipal purposes not here enumerated by 
 the following proceedings. 
 
 925 155. 
 
 Petition for opening streets. SECTION 925155. As to 
 streets it shall be competent for any ten resident freeholders 
 in any ward to petition the council for the opening, widening, 
 extension or change of any street in such ward, and if the land 
 proposed to be taken for that purpose shall lie in two or more 
 wards, then ten resident freeholders of each of the wards shall 
 be required to join in the petition. Such petition shall be ad- 
 dressed to the common council and shall designate in general 
 terms the location, extent of the proposed laying out, widening, 
 extension or change, but need not contain a particular descrip- 
 tion of the land proposed to be taken. For the purposes of 
 such petition 'a person in possession of land under a contract 
 of purchase and sale or 1 n bond for a deed shall be deemed ri. 
 freeholder, 
 
GENERAL CHARTER LAW OF WISCONSIN. 99 
 
 925156. 
 
 Proceedings. SECTION 925 1,16. When such petition shall 
 be presented to the council it shall, prior to the adoption of any 
 resolution thereon, be referred to the board of public works, and 
 said board shall make a report to the council stating whether 
 or not such petition is sufficiently signed, and if so, giving a 
 particular description of each lot, parcel or subdivision of land 
 proposed to be taken and a plat of the proposed s-treet, widen- 
 ing, extension or change. Upon the coming in of such report 
 the council may, if the petition be reported sufficiently signed, 
 by a vote of a majority of its members adopt <a resolution declar- 
 ing that it is necessary to condemn the land designated in such 
 petition and report, referring to them, for the purpose named 
 in the petition, and direct the city attorney to commence and 
 prosecute the proper proceedings for the condemnation and ac- 
 quisition of said land. 
 
 925 157. 
 
 Petition as to alleys. SECTION 925 157. As to alleys, a 
 petition for the opening, widening, extension or change of an 
 alley may be made to the council by the owner or owners of 
 one-third or more of the land in the block in which the alley 
 or proposed alley is situated, whether such owner or owners shall 
 be residents of the city or not. Land held under a, land con- 
 tract or bond for a deed shall, for the purpose of such petition, 
 be deemed to be owned by the person so holding it; infants and 
 others under guardianship may petition by their guardians. 
 Such pet'ticn shall, before any resolution upon it shall be 
 adopted, be referred to the board of public works, who shall 
 thereupon make a report to the council stating whether or not 
 it is sufficiently signed, and if so, giving a particular descrip- 
 tion of each lot, parcel or subdivision of land proposed to be 
 ta-ken and a, nlat of the proposed alley as the same will be when 
 laid out, w : dened, extended or changed. Upon the coming in 
 of such, report, if it shall appear thereby that the petition is 
 signed by the owner or ow.ners of one-third of more of the land 
 in the block, the council may adopt a resolution by a vote of a 
 majority of its members, the same as in the case of a petition 
 for the opening, widening, extension or change of a street, and 
 like proceedings shall be had thereon. If it shall afterwards 
 appear, either in the case of a street or an allev, that such peti- 
 tion was not sufficiently signed, that fact shall not, in the al}- 
 sence of fraud, vitiate the petition or ths subsequent proceed* 
 Ings thereon, 
 
100 GENERAL CHARTER LAW OF WISCONSIN. 
 
 925 158. 
 
 Proceedings, without petition. SECTION 925 158. The 
 council may, without a petition, by a vote of four-fifths of its 
 members, adopt a resolution declaring it to be necessary to con- 
 demn 1<> the public use any land for the opening, widening, ex- 
 tension or changing of any street or alley and directing the city 
 attorney to commence and prosecute the proper proceedings 
 therefor; and in the case of the opening or extension of public 
 grounds, or acquiring lands as a site for a school or other public 
 building, or lands for purposes of drainage or water distribu- 
 tion, or the taking of lands for any public municipal purposes not 
 herein enumerated, the council may, without a petition therefor 
 and by a vote of a majority of its members, adept a resolution 
 declaring it to be necessary to condemn land for such purpose, 
 describing it in general terms only, and directing the city at- 
 torney to commence and prosecute the proper proceedings there- 
 for. Before any resolution provided for in this section shall be 
 adopted it shall be referred to the board of public works, who 
 shall thereupon make a particular description of each lot, par- 
 cel or subdivision of land proposed to be taken and a plat of the 
 proposed street or alley, public ground, building site, drain or 
 water-pipe, or land to be used for other public municipal pur- 
 poses and report the same to the council. 
 
 925 159. 
 
 Duty of city attorney; notice to land-owners. SECTION 
 925 159. Whenever, by any resolution adopted under any of 
 the preceding sect ions of this sub-chapter, it shall be declared 
 necessary to condemn any lands and the city attorney [is] di- 
 rected to commence and prosecute proceedings therefor, it shall 
 be his duty to prepare and present, as scon as may be, a petition 
 to the circuit court of the county in which the land proposed to 
 be taken or some of it shall lie, for the condemnation of the land 
 mentioned in the resolution for the purpose therein designated, 
 and to prepare and file with said petition a sworn list of the 
 names and residences, so far as they are known to him or can 
 with reasonable diligence be ascertained by him, of persons own- 
 ing -or being interested in the lands proposed to be taken, and 
 said petition shall have annexed thereto copies of the original 
 petition, if any, the resolution of the council and the report o* 
 the board of public works as to the proposed condemnation. 
 Said attorney shall thereupon prepare a notice substantially in 
 the following form: 
 
GENERAL CHARTER LAW OF WISCONSIN, loi 
 
 STATE OF WISCONSIN In the matter of (here insert the object 
 of the .proceedings) in the city of - 
 
 In the circnit court of the county of - . 
 Tn whom it may concern: 
 
 Notice is hereby given that a petition for the condemnation oi 
 real estate has been presented to said court in the above entitled 
 matter by the city oi - - by its city attorney. All persons in- 
 terested in said matter may answer said petition at any time 
 within twenty days after the service of this notice exclusive of 
 the day of service. 
 
 Dated - . 
 
 A. B., City Attorney. 
 
 Such notice shall be served upon the owners of the land which 
 is proposed to be condemned and all persons inlet e; led therein in 
 all respects like a summons in a civil action, except that in 
 cases of service by publication and mailing or by publication 
 alone, the publication shall be made in the official paper of the 
 city, and except that service within the state may be made by 
 any police officer of the city named in the notice instead of the 
 sheriff of the proper county, and the return or returns of such 
 police officer upon such notice or copies hereof shall have the 
 same force and effect as the return of the sheriff of the proper 
 county by himself or by either of his deputies. The filing of 
 said petition shall be deemed the commencement of a suit. 
 Within twenty days after the service of such notice upon any 
 party owning or being interested in any real estate proposed to 
 be condemned such party may serve an answer to such petition 
 upon the city attorney, and file the same as in cases of answers 
 in civil actions. No notice of retainer or of appearance without 
 an answer shall be of any avail. When the time for answering 
 shall have expired the city attorney may call up said matter for 
 hearing upon a notice of three days, excluding the day of service 
 and Sunday and legal holidays, and without notice to parties 
 who have not answered, and such proceedings shall have preced- 
 ence over all other matters not on trial ; and the court shall there- 
 upon impanel a jury, as in civil eases, to determine whether or 
 not it is necessary to take such land for the public use. Such 
 jury shall view the premises in question in the same manner as 
 in civil actions, when a view is ordered by the court, at the ex- 
 pense of the city, and shall return into court as in such cases; 
 and if no answer shall have been served the city attorney shall 
 produce such evidence as he deem>j material as lo the necessity 
 for such condemnation, and if an answer or answers shall have 
 
102 GENERAL CHARTER LAW OF WISCONSIN, 
 
 been served the issue shall be tried by the court and jury as other 
 issues of fact, and in either case the court shall thereupon in- 
 struct the jury. The jury shall thereupon retire to consider 
 their verdict, which shall be either, "We, the jury, find that it is 
 necessary to condemn the real estate sought to be condemned in 
 this proceeding for the public use," or, ''We, the jury, find that 
 it is not necessary tj condemn the real estate nought to be con- 
 demned in this proceeding for the public use." Upon the com- 
 ing in of the verdict judgment shall be entered condemning the 
 land sought to be condemned to the public use for the purpose 
 set forth in the petition, or dismissing the petition, as the verdict 
 shall require. If the jury shall disagree a new jury shall be im- 
 mediately impaneled and proceedings shall thereupon be had as 
 before. If two juries shall disagree the matter shall be con- 
 tinued to the next term of the court, when it may be again 
 called up and like proceedings had thereon. If three juries shall 
 disagree the proceedings sha.ll be dismissed. No appeal from a 
 judgment of condemnation shall be allowed, but the supreme 
 court may review such judgment upon a writ of certiorari sued 
 out within thirty days after its entry and not thereafter. 
 
 925 160. 
 
 Costs. SECTION 025160. The eoxts of the foregoing pro- 
 ceedings shall be paid by the city, and if the jury shall find that 
 it is not necessary to condemn the lands in question or if the 
 proceedings shall be abandoned, any party who shall have put 
 in an answer shall recover from the city his disbursements neces- 
 sarily made or incurred and taxable attorney's fees not to ex- 
 ceed twenty-five dollars. 
 
 925 161. 
 
 Abandonment of proceedings Controversy as to com- 
 pensation. SECTION 925161. If the city shall not, within 
 one year after the entry of a judgment of condemnation, cause 
 the benefits and cl am ages by reason of such condemnation to be 
 assessed as provided in this subchapter, and shall not have, in 
 the proper fund available for that purpose, a sum sufficient 1o 
 pay the excess -of damages -over benefits, the condemnation pro- 
 ceedings shall be deemed to have been abandoned. At the ex- 
 piration of one year after the entry of such judgment the comp- 
 troller shall, upon demand, furnish to the mayor or any person 
 who shall require it a certificate showing whether or not there 
 was at the end of such year, in any fund available for that pur- 
 po.:e, a sum sufficient to pay such excess of damages over benefits, 
 
GENERAL CHARTER LAW OF WISCONSIN. 103 
 
 and such certificate shall be prima facie evidence -of the facts 
 therein certified. If it shall appear that there is in any fund a 
 sufficient sum available for that purpose at the expiration of 
 such year or at any time prior thereto, and after such assess- 
 ments of benefits and damages shall have been made and con- 
 firmed, the city may take possession of the land condemned j an 
 order on the city treasurer shall be issued as in other cases in 
 favor of the person in whose favor any excess of damages over 
 benefits shall have been assessed, upon the certificate of the city 
 attorney that such person is entitled to receive the same. If 
 the city attorney shall refuse to give >any such certificate the 
 party or parties claiming the same may apply to the circuit court 
 at the foot of the judgment of condemnation for a decision 
 awarding such amount to him or them, and upon such applica- 
 tion and eight days' notice thereof to the city attorney the court 
 shall proceed in a summary manner to inquire as to the rights of 
 the parties in the premises, and may make up an issue upon such 
 application and submit the same to a jury in a proper case, and 
 shall make and file a decision in writing as to who is entitled to 
 draw the amount in controversy, and on filing a certified copy 
 of such decision with the city clerk an order shall be issued in 
 accordance therewith. If any two or more parties shall claim 
 the same sum, or if the city attorney shall be in doubt as to 
 whom such sum should be paid, he may in like manner apply to 
 the court for a decision as to the rights of the parties in respect 
 to such sum, and upon such application and eight days' notice 
 thereof to the parties interested the court shall proceed in like 
 manner to ascertain and decide who is entitled to said sum or 
 any part thereof, and the city treasurer shall in like manner pay 
 the same out upon and according to such decision. An appeal 
 from any such decision may be taken to the supreme court by 
 any party interested therein, including the city, within thirty 
 days after the filing of the same, and such sum shall not be paid 
 while such appeal is pending nor until the matter shall be fin- 
 ally determined. Such appeal shall be taken upon like notice 
 and undertaking as: an appeal from an order in a civil action, 
 and like proceeding shall be had thereon in the supreme and the 
 circuit court. 
 
 925 162. 
 
 Rights of Menor. SECTION 925 162. If any person not 
 owning the land condemned shall have a lien thereon or a lease- 
 hold or other interest therein, he shall receive a portion of the 
 excess of damages over benefits awarded by reason of such con- 
 
104 GENERAL CHARTER LAW OF WISCONSIN, 
 
 damnation in proportion to the lien or interest he may have in 
 such land, to be ascertained upon the principles of equity ; and 
 if the parties cannot agree the matter may be decided by the 
 court at the fcot of the judgment of condemnation upon the Ap- 
 plication of a party or the city attorney as provided in the pre- 
 ceding section. The term " excess of damages over benefits" 
 shall, when used in this chapter, be construed to include any 
 sum which shall be assessed as damages and not offset by -i UN- 
 assessment of benefits, as well as the balance in favor <;f a parly 
 in whose favor damages have been assessed and against whom 
 benefits have been assessed. 
 
 925 163. 
 
 Title to fee. SECTION 925163. When any land shall be 
 condemned under this subchapter for public grounds or sites for 
 school or other buildings, the city shall take a fee-s'mple title to 
 such land. In all other oases the fee shall remain in the <>\vner. 
 his heirs and assigns, and the city shall take by the condemna- 
 tion only such an interest as shall be necessary and convenient 
 for the uses and purposes for which the land is condemned. 
 
 925 164. 
 
 New proceedings. SECTION 925 164. Condemnation pro- 
 ceedings under this subchapter shall in no case be a bar to sub- 
 sequent proceedings for the condemnation of the same premises 
 or any part thereof for the same or a diffeient pin pose ; and the 
 same land may be condemned more than once for different pur- 
 poses, each consistent with the other. 
 
 925 165. 
 
 Vacation of streets, etc. SECTION 925 165. When a street 
 or alley shall be changed by proceedings under this subchapter 
 so much of the original street or alley as shall be left out of it 
 as changed shall bo deemed vacated without any other proceed- 
 ing, and the fact of such vacation shall be taken into account in 
 assessing benefits and damages by reason of the condemnation 
 proceeding :. 
 
 925 166. 
 
 Asses 3 mi.nt of damages and benefits. SECTION 925 166. 
 It shall be the duty of the council, within three months after any 
 judgment of condemnation shall have been entered, to adopt a 
 resolution directing thi> board <-f public works t / make an assess- 
 ment of L. ;::;:'es by rea-on of Mich condemnation, and in the 
 
GENERAL CHARTER LAW OF WISCONSIN. 165 
 
 ease of condemnations for opening, widening, extending or 
 chnuging streets or alleys or for opening public grounds,, parks 
 and cemeteries the council may also direct said board to make an 
 assessment <;1 benefits. Such re.-clnt ion shall be certified by the 
 city clerk to the board of public works immediately after its adop- 
 tion and approval. When such assessment shall have been made 
 and reported to the council that body may, by resolution, con- 
 firm the same or refer the matter back to the board for a new 
 ax-rssment or may, by resolution, abandon the condemnation pro- 
 civding. If the council shall, for more than three months after 
 the entry of a judgment of condemnation, neglect to order an 
 assessment of damages or benefits and damages, as the case may 
 be, the proceeding shall be deemed to have been abandoned, and 
 if the council shall not, within one year 'after the entry of judg- 
 ment of condemnation, confirm an assessment of damages or of 
 benefits and damages, and make provision for paying the excess 
 of damages over benefits the proceedings shall be deemed to have 
 been abandoned. 
 
 925 167. 
 
 Method of making assessment. SECTION 925 167. When 
 the city clerk shall have certified to the board of public works 
 a resolution of the council requiring an assessment of damages 
 or benefits and damages to be made under this subchapter, said 
 board shall immediately proceed to -assess the damages by reason 
 of the condemnation mentioned in such resolution as follows: 
 Opposite each description of the land condemned the board shall 
 set down in separate columns the Damages sustained by the 
 owner by reason of the taking of the land, the damages, if any, 
 to the adjoining property of the same owner, the total damages, 
 and in cases wherein benefits may be assessed, the benefits which 
 will in their judgment accrue to his lands in the vicinity of the 
 condemned land by reason of the condemnation in question, the ex- 
 ec- s of damages over benefits,' and the excess of benefits over dam- 
 ages, each such sum being set opposite the proper description. 
 No benefits shall be assessed against any lot, parcel or subdivision 
 every part of which shall be one thousand feet or more distant 
 from the nearest land condemned, and no benefits exceeding five 
 per cent, of the assessed value thereof according to the last as- 
 sessment roll shall be assessed against any lot, parcel or, subdi- 
 vision by reason of any one condemnation proceeding, and no 
 benefits exceeding three per cent, of the assessed value thereof 
 according to said assessment roll shall be assessed against any 
 lot, parcel or subdivision the whole of which is more than five 
 
i6 GENERAL CHARTER LAW Otf' WISCONSIN, 
 
 hundred feet distant from the nearest land condemned by reason 
 of any one condemnation. In assessing such damage or damages 
 and benefits the board of public works shall proceed as in case 
 of benefits and damages on account of public improvements, giv- 
 ing like notices and opportunities for correction and reporting 
 the assessment to the council in like manner. 
 
 925 168. 
 
 Entry of special taxes. SECTION 925 168. When such 
 assessment shall be confirmed by the council the city clerk shall 
 transmit the same to the comptroller, who shall thereupon report 
 to the city clerk a list of special taxes to be entered in the tax 
 roll on account thereof, which list shall have set opposite each 
 description against which benefits not offset by damages or an 
 excess of benefits i/ver damages shall have been assessed the 
 amount of such benefits or excess, which amount shall be levied 
 upon the land described as a, special tax and be collected the same 
 as other taxes. 
 
 925 169. 
 
 Damages, how paid. SECTION- 925 169. The cost of each 
 condemnation shall be paid out of the general city fund, except 
 the cost of condemnation for streets and alleys and public 
 grounds less than five acres in extent, which shall be paid out of 
 the ward fund or funds of the proper ward or wards, if any, 
 otherwise from the general fund, and the cost of condemnation 
 for other purposes as to which there are special funds, such as 
 the water fund or sewerage fund, if any, shall be paid out of 
 such fund, and all special taxes levied and collected on account 
 of any condemnation shall he credited 1o the fund out of which 
 the cost of tin 1 condemnation is paid. 
 
 925 170. 
 Exercise of power by cities of other than first class. 
 
 SECTION 925 170. Cities of the second, third and fourth classes 
 may, at their option, condemn lands for any of the purposes 
 mentioned in the first section of this subchapter, either under the 
 provisions of section 927 and sections 895 to 904, inclusive, of 
 these statutes or under the foregoing provisions of this sub- 
 chapter. 
 
 925 171. 
 
 Appeal. SECTION 925 171. Any party aggrieved by any 
 assessment of benefits or damages or both may appeal to the cir- 
 
GENERAL CHARTER LAW OF WISCONSIN, 107 
 
 cult court therefrom, within the time, in the manner and upon 
 the security prescribed on appeals from assessments of benefits 
 and damages on account of public improvements, and like pro- 
 ceed, ngs shall be had thereon. Such appeal shall not affect any 
 special tax levied on account of an excess of benefits over dam- 
 ages, but the amount recovered by the appellant properly ap- 
 plicable in reduction of such assessment and the costs, if any, 
 shall be paid out of the proper fund; also the amount recovered 
 by way of increasing' any damages assessed or for damages when 
 none have been assessed, with the costs, if any. 
 
 925 171a. (Ch. 493, 1907.) 
 
 Park commissioners: jurisdiction; streets. SECTION 925 
 171a. The park commissioners of all cities shall under the di- 
 rection of the common council have the same jurisdiction and 
 control for park purposes over that part of public streets, lying 
 and being between the curb and the sidewalk as such commission 
 have over the public parks and may cause trees to be planted 
 and cared for, and the proper surface to be sodded, planted or 
 otherwise cared for in the same manner park lands are cared for. 
 
 Chapter XVIII. City Improvements. 
 
 925 172. 
 
 Grade of streets; damages. SECTION 925 172. The coun- 
 cil shall have authority to establish the grade of all streets and 
 alleys in the city, and to change and re-establish the same as it 
 may deem expedient; provided, that whenever it shall change or 
 alter the permanently established grade of any street any person 
 thereby sustaining damages to his property on such street shall 
 have a right to recover such damages in the manner set forth in 
 this subchapter. 
 
 925 173. 
 Record of grade. SECTION 925 173. The grade of all 
 
 streets shall be established and described, and. the adoption of 
 such grades and all alterations thereof shall be recorded by the 
 city clerk. No street shall be worked until the grade thereof is 
 established and recorded in the manner herein set forth. 
 
 925174. 
 
 Streets and sidewalks. SECTION 925 174. The streets 
 shall be divided into a carriage way and a sidewalk on each side 
 thereof ; the sidewalk shall be for the use of persons on foot, and 
 no person shall be allowed to incumber the same with boxes or 
 
168 GENERAL CHARTER LAW OF WISCONSIN, 
 
 other material ; but such sidewalk shall be kept clear for the uses 
 specified herein. 
 
 925 175. 
 
 Opening, paving and grading streets, etc. SECTION 925 
 175. The city may cause streets and alleys to be opened, leveled, 
 graded, regraded, graveled, regraveled, macadamized, paved and 
 repaved with stone, wood or other material or improved in any 
 other manner, and may cause such streets and alleys to be 
 swept, sprinkled and cleaned; but no street shall be graded, j -rav- 
 eled, paved, macadamized or improved, where the expense ex- 
 ceeds five hundred dollars, except upon the vote of two-thirds of 
 the members of the council elect. The expense of such work or 
 improvement may be paid in whole or in part by the city or by 
 the property to be benefited thereby as the council shall direct. 
 but in no case shall the amount assessed to any parcel of real 
 estate exceed the benefit accruing thereto by such improvement, 
 except in case of sidewalks ; provided, that where work is ordered 
 to be done and the expense thereof is made chargeable to partic- 
 ular property the city shall in no case be responsible for the pay- 
 ment therefor except in cases where the cost of the improvement 
 exceeds the benefits. 
 
 925 175a. (Ch. 77, 1903.) 
 Portion of street for park purposes; damages; benefits. 
 
 SECTION 925 17fm. In case the common council of any city 
 of the second, third 'or fourth class shall determine to improve 
 any street, avenue or boulevard under the provisions of sections 
 925175 and 925178 of the statutes of 1898, the board of pub- 
 lic works, or if there be no such board of public works, the officer 
 or officers designated to perform its duties, may, as a part of 
 such improvement, set aside and provide for the improvement 
 of a portion of such street, avenue or boulevard for park pur- 
 poses, and may determine in what manner the same shall be im- 
 proved, and may assess the damages and benefits resulting from 
 such entire improvement, including the cost of the improvement 
 of the part of such street, avenue or boulevard sr,< set aside 1 for 
 park purposes, to the several parcels of land affected thereby as 
 provided in section 925 178 of said statutes, and shall include 
 such determination in the report required to be made and filed 
 by them. 
 
 925 176. 
 
 Improvements upon petition. SECTION 925 176. In any 
 city whenever the owners of more than one-half of the frontage 
 
GENERAL CHARTER LAW OF WISCONSIN. 109 
 
 of the lots upon that part of any street proposed to be improved 
 shall petition the common council to improve such street or part 
 of street by stone paving, macadam or otherwise as set forth, to 
 be made in such manner as shall be fully specified by the city 
 surveyor and approved by the mayor, and upon advertisement 
 setting forth clearly such specifications, such city may contract 
 for such work to be done by the low r est responsible bidder if 
 deemed reasonable in cost, or in case of macadam it may have 
 tin' work done by men in the employ of the city; provided, that 
 such improvement, unless made to connect with streets somewhat 
 similarly improved, shall be imade to extend upon such street not 
 less than the length or width of three blocks of lots and the 
 street crossings between. The cost of such improvement when 
 made shall be assessed to the respective owners of the lots front- 
 ing on such street in the ratio of each owner's number of feet 
 front to the entire length of such improvement, exclusive of 
 street crossings, which shall be chargeable to the city as its pro- 
 portion of expense, and such crossings shall be made to conform 
 with the street so improved. The word street as herein used may 
 be construed to mean two or more streets when the whole taken 
 together would form one continuous drive. 
 
 925 176a. (Ch. 108, 1903.) 
 
 Permanent sidewalks. SECTION 925 176a. The provisions 
 of subdivision 176, as well as the provisions of subdivisions 1 90 
 to 197a, inclusive, shall apply in cities of the fourth class, to the 
 building of sidewalks or curbs of cement, stone or other perman- 
 ent material; provided, that such permanent sidewalk or curb 
 shall be made to extend not less than the length or width of one 
 block, on one side of the street. 
 
 925 177. 
 
 Crosswalks, expense of. SECTION 925177. The expense 
 of all crosswalks at the intersection of streets or alleys and across 
 public grounds shall be paid by the city at large or the proper 
 ward. The expense of maintenance, relaying, keeping in repair 
 and cleaning of streets, in all cases where the .streets shall have 
 been constructed to the established grade and graveled, planked, 
 macadamized or paved as required by the council, shall be paid 
 out of the general fund of the city or the ward fund of the 
 proper ward. 
 
 925 178. 
 
 Damages for change of grade, SECTION 925 178. Before 
 the council shall change or alter any established grade or order 
 
310 GENERAL CHARTER LAW OP WISCONSIN. 
 
 any work to he done on any street at the expense of the roal 
 estate to be benefited thereby, it shall order the board of public 
 works, or if there 'be no such board, the officer or officers desig- 
 nated to discharge its duties, to view the premises and determine 
 the damages and benefits which will accrue to each parcel of real 
 estate by such change or alteration of grade; the entire cost of 
 the contemplated work or improvement upon the street, the bene- 
 fits and damages that will -accrue to the several parcels of real 
 estate thereby, and the amount that should be assessed under the 
 provisions of this subchapter to each parcel of such real estate 
 as benefits accruing thereto by such contemplated work or im- 
 provement. 
 
 925 179. 
 
 Report. SECTION 925 179. Said board shall make and file 
 in their office a report showing their determination on the ques- 
 tions required to be considered by them under the provisions of 
 the preceding section. 
 
 925 180. (Ch. 152, 1907.) 
 
 Street alterations: report; notices. SECTION 925 180. 
 Notice shall be given by the board of public works that such re- 
 port is open for review at their office and will be so continued for 
 the space of ten days after the date of such notice and that on a 
 day named therein, which shall be not more than three days af- 
 ter the expiration of said l< n days, said board will be in session 
 to hear all objections that may be made to such report. Much 
 notice shall 'be published in I/if official n-r it's pa per of l/ie cifif 
 at lisf once and our copy of such notice shall be posted in each, 
 hi nek of I he pa>rt of the street proposed to 5b hn proved or the 
 (/rade: of wtfiich, it is proposed to cJianeje. Ruch pwstett no- 
 tices shall be printed in Ijjpc not smaller than pica, ftuch 
 publication and posting shall l>e made /nv dtu/s prior to the 
 date of hearing objections as aforesaid. No irregularity 
 in the form of such report, nor of said notice shall affect 
 its validity if it fairly contains the information required 
 to be conveyed thereby. At the time specified for hearing objec- 
 tions to said report, said board shall hear all parties interested 
 who may appear for that purpose, reduce to writing all ob- 
 jections that may be made and all evidence that may be offered 
 to sustain the same, and may review, modify and correct saicl 
 report as they deem just, and thereupon a complete and final 
 report shall be made and filed by said board with the city clerk 
 together with all objections and evidence taken before them to 
 
GENERAL CIIARTKR LANV OF WISCONSIN. Ill 
 
 sustain the s<ame. and proof of publication, of said notice and an 
 affidavit- of the posthn/ I hereof as above specified, which affidavit 
 sit all he received in all (Y/vx as presumptive evidence of the facts 
 I In t-< in >lalcd. No irregularity in -the form of said report or 
 manner of conducting the proceedings by said board, or in the 
 proof of publication or in the affidavit of posting shall affect 
 the legality of said report, unless it shall appear that the owners 
 of the property affected by the proceedings were clearly misled 
 by such irregular ihj and have not had, an opportunity to be 
 heard. At such hearing any member of the board may admin- 
 ister oaths as may be necessary in conducting it. 
 
 * 
 
 925 181. 
 
 Action on report. SECTION 925 181. The city clerk shall 
 publish a notice in the official paper at least once that the said 
 report is on file in his office arid that the common council will, 
 at a meeting to be held at the time stated in the notice, consider 
 the said report and hear all objections which may be made there- 
 to, and determine what portion of the cost of the improvement, 
 if any, shall be paid by the city at large. At least one week 
 shall intervene between the first publication of such notice and 
 the said meeting. The council may at such meeting, or at an 
 adjourned meeting, confirm or correct such report or refer it 
 back to the board for further consideration. 
 
 925 182. 
 
 Assessment of benefits. SECTION 925 182. Subject to the 
 limitations hereinbefore mentioned the council may determine 
 the amount to be paid by the real estate as benefits on , account of 
 the improvement of a street and the amount that shall be paid 
 by the city at large, or the ward fund of the wards in which 
 said improvement is made. 
 
 925 183. 
 
 Notice of final determination. SUCTION 925 183. When a 
 final determination shall have boon reached by the council the 
 city clerk shall publish notice in the official paner of the city 
 once in. each week for two successive 1 weeks that a final determina- 
 liou has been made as to the damages that will accrue to the real 
 estate in case of the change of a,n established <rrade, or the bene- 
 fits and damages to be assessed to the real estate in case of a 
 proposed improvement. 
 
 925 184. 
 
 Remedy of land-owner, SECTION 925 184. If the owner 
 of any parcel of land mentioned in said notice feels himself ag 
 
112 GENERAL CHARTER LAW OP WISCONSIN. 
 
 grieved by reason of the determine! 'on made by the council he 
 may, within twenty days after the date of such determination, 
 a Pi >en 1 therefrom to the circuit court., and such appeal shall be 
 taken, tried and determined and bonds for costs shall be given 
 and costs awarded in like manner as in case of appeals from the 
 disallf wance of claims under this chapter; provided, that in case 
 any contract shall have been made for making the improvements 
 said appeal shall not affect said contract, but a certificate against 
 the lot in question for the amount of benefits assessed to such lot 
 shall be issued notwithstanding such appeal ; and in case the ap- 
 pellant shall succeed the difference between the amount charged 
 in the certificate so issued and the amount adjudged to be paid 
 as benefits accruing to the parcel of real estate described in such 
 certificate shall be paid by the city at large or out of the ward 
 fund as the council may direct. 
 
 925 185. 
 
 Remedy exclusive. SECTION 925 185. The appeal given 
 by the last section from the report of the board of public works 
 as confirmed by the council shall be the only remedy of the owner 
 of any parcel of land or of any person, interested therein affected 
 by said improvement for the redress of any grievance he may 
 have by reason of the making of such improvement or of the 
 change of any established grade covered by said report. 
 
 925 186. (Ch. 88, 1903.) 
 
 Bids, advertisement for; contract. SECTION 925 186. 
 When any of the works before mentioned shall have been ordered 
 to be done and the plans for the same containing a description 
 of the work, the materials to be used and such other matters as 
 will give an intelligent idea of the work required shall have been 
 filed with the city clerk where the same can be inspected by per- 
 sons desiring to bid on such work, the board of public works 
 shall advertise in the official paper of the city for bids for doing 
 such work for such length of time as. it may think the interest 
 of the city demands, not les;s than once a week for four successive 
 weeks. The board shall prepare, or cause to be prepared, a 
 printed form for the contract, with sureties required, and fur- 
 nish the same to all persons desiring to bid, and shall not con- 
 sider any bid unless accompanied by a contract with sureties 
 as prescribed by the form so furnished, completed, with the ex- 
 ception of the signatures on the part of the city. The notice 
 published shall inform bidders fully of this requirement. In 
 every city whether operating under a general or special char* 
 
GENERAL CHARTER LAW OF WISCONSIN. 113 
 
 % * 
 
 tor, no special assessment or certificate thereof or tax sale certifi- 
 es 1<> based thereon shall be held to be invalid for the reason that 
 any contract which has been heretofore or may hereafter be let 
 contains, on the part of the contractor, a guaranty or any pro- 
 vision to keep the work done under such contract in good order 
 or repair for a limited number of years, when such guaranty or 
 provision was inserted therein for the purpose of insuring the 
 proper performance of such work in the first instance. All sucH 
 provisions in contracts for doing public work, inserted for iKe 
 purpose aforesaid, are hereby legalized, and all such provisions 
 shall be deemed prima facie to have been inserted for that pur- 
 pose, unless the time during which the contractor is required to 
 keep the work in good order or repair shall exceed five years. 
 Right and authority is hereby given to such cities to insert in 
 contracts for the pavement of streets with asphalt the provision 
 that the person, firm or corporation entering into any contract 
 with such cities for the paving of its streets with asphalt shall in 
 said contract agree, with such city to permit such city to reserve 
 and keep in its possession an amount equal to ten per cent, of 
 the total contract price for such work as a guaranty for the per- 
 formance of the conditions contained in such contract; and fur- 
 ther to furnish such city at the time of the making of such con- 
 tract with ?, bond or undertaking in the sum equal to twenty- 
 five per cent, of the contract price of such work, conditioned 
 for the faithful performance of all conditions and covenants con- 
 tained in such contract and particularly the provisions contained 
 in such contract with reference to the keeping in good order 
 and repair for a definite number of years the paving work done. 
 Such bond or undertaking shall be executed by said person, firm 
 or corporation and by some surety or guaranty company on their 
 behalf. 
 
 925187. 
 
 Rejection of bids. SECTION 925 187. The board of public 
 works shall have power to reject any and all bids if, in their 
 opinion, any combination has been entered into to prevent free 
 competition ; otherwise the contract shall be let as prescribed in 
 the subchapter entitled "Board of public works." 
 
 925 188. 
 
 Certificate to contractor. SECTION 925 188. Whenever 
 any work has been done under contract as provided in this sub- 
 chapter and the same shall have been approved by the board of 
 public works, the contractor shall be entitled to a certificate there- 
 
 a 
 
114 GENERAL CHARTER LAW OF WISCONSIN. 
 
 
 
 for as to each parcel of land against which benefits shall have 
 been assessed for the amount chargeable thereto. Said certifi- 
 cate shall be in such form as the board may prescribe. The 
 amount chargeable to the city shall be paid as the contract for 
 the work may provide. 
 
 925 189. (Ch. 174, 1907.) 
 
 Contractors' certificate: conclusiveness. SECTION 925 
 189. 1. After the expiration of nine months from the dalr nl' 
 said certificate the same shall be conclusive evidence of the legality 
 of all proceedings up to and inclusive of the issue thereof, and 
 it may be transferred by indorsement; 
 
 Appeals. 2. This shall not affect any appeal From the re- 
 port of the board of public, works as confirmed by the council. 
 
 Payment. 3. If said certificates are not paid before the 
 first day of November of the year in which they are issued' 
 the same may on or before the fifteenth day of November 
 of said year be filed with the comptroller in cities of the first 
 class and with the city clerk in all other cities, and when so died 
 the comptroller's statement of special assessments to be placed 
 in the next tax roll shall include an amount sufficient to pa> 
 said certificates, with interest thereon at the legal rate from the 
 date of such certificates, to the time when the city treasurer is 
 required to make return of delinquent taxes, and thereafter the 
 same proceedings shall be had as in case of other taxes, except 
 that all moneys collected by the city treasurer and all moneys 
 collected by the county treasurer on account of such taxes, and 
 all the tax certificates issued to the county on the sale of the 
 property for such tax, if the same is returned delinquent, shall 
 be delivered to the owner of the same on demand. 
 
 925 190. 
 
 Payment for work. SECTION 925 190. When a contract is 
 let for doing any work specified herein, and such work is charge- 
 able to the real estate to be benefited, it may provide that the 
 amount so chargeable may be paid with certificates against the 
 lots or in special improvement bonds, or the proceeds of the sale 
 of such bonds, or that payment may be in part made in certifi- 
 cates, part in cash and part in special improvement bonds or the 
 proceeds thereof. 
 
 925 191. 
 
 Notice concerning bonds. SECTION 925 191. As soon as 
 the amount chargeable to the real estate is finally determined the 
 
GENERAL CHARTER LAW OF WISCONSIN. 115 
 
 council may cause a notice to be published in the official paper 
 substant : ally in the following form: 
 
 City Improvement Notice. 
 
 Notice is hereby given that a contract has been (or is about 
 to be) let for - - (describe the work and street) and that 
 the expense of said improvement chargeable to the real estate 
 has been determined as to each parcel of said real estate, and a 
 statement of the same is on file with the city clerk. It is pro- 
 posed to issue bonds chargeable only to the real estate to pay the 
 special assessments, a.nd such bonds will be issued covering all 
 of said assessments except in cases where the owners of the prop- 
 erty file with the city cleric, within thirty days after the date 
 hereof, a written notice that they elect to pay the special assess- 
 ments or a part thereof on their property, describing the same, 
 on presentation of the certificates. 
 
 925 192. 
 
 Issue and execution of bonds. SECTION 925 102. After 
 the expiration of said thirty days the council may issue special 
 improvement bonds covering all of the assessments except such 
 as the owners have filed notices of election to pay 'as provided in 
 the preceding section. Said bonds shall be signed by the mayor 
 and clerk, be sealed with the corporate seal of the city, and con- 
 tain such recitals as may be necessary to show that they are 
 chargeable only to particular property, specifying the same, and 
 the number and amount of said bonds, and such other provis'ons 
 as the council shall think proper to insert; such bonds shall in 
 no event be a general city liability. 
 
 925 193. (Ch. 132, 1899.) 
 
 Terms and sale of bonds. SECTION 925 193. Said bonds 
 may be annual or semi-annual interest coupon bonds or regis- 
 tered bonds without interest coupons as the common council 
 may direct, the total issue in each ca.se shall be. payable in annual 
 installments for a period not exceeding ten years from the date 
 of issue, and shall draw interest at a rate not exceeding six 
 per cent, per annum, interest payable annually or semi-annually 
 as the common council may direct; such bonds may be of such 
 denomination as the common council shall determine and shall 
 be sold at not less than par. The proceeds of the sale of such 
 bonds shall be credited by the city treasurer to the special fund 
 for the improvement of such street or streets, and may be paid 
 
116 GENERAL CHARTER LAW OF WISCONSIN. 
 
 to the contractor for such work when payment is due him and 
 the council shall so direct, or the contractor may take such bonds 
 as payment for work done with the permission of the council. 
 
 925 194. 
 
 Record of assessments. SECTION 025 194. The city clerk 
 shall carefully prepare a statement of the special assessments on 
 which the bonds are issued and record the same, together with a 
 copy of said bonds, in his office. 
 
 925 195. 
 
 Payment of bonds. SECTION 925 195. The city treasurer 
 shall, out of the special fund hereby created for that purpose, 
 pay the interest on and the principal of said bonds as the same 
 become due and charge the same to said fund. 
 
 925 196. 
 
 Collection of assessments Redemption. SECTION 925 
 196. In each year after the issuing of said bonds, until all of 
 them are paid, when the tax roll for the year is prepared suffi- 
 cient of the special assessment on each parcel of land covered by 
 said bonds to pay the annual installment of the principal and the 
 interest on the amount of sa'd special assessment then unpaid 
 shall be extended on the tax roll as a special tax on said prop- 
 erty, and thereafter this tax shall be treated in all respects as" 
 a,ny other city tax, and when collected the same shall be a special 
 fluid for the payment of such bonds arid interest, and shall be 
 used for no other purpose. Any bondholder or bondholders may 
 redeem from any tax sale, as fully as if owners of the land, un- 
 der section 1165. 
 
 925 197. 
 
 Limitation of actions. SECTION 925 197. Every action or 
 proceeding to avoid any of the special assessments or taxes levied 
 pursuant to the same, -or to restrain the levy of such taxes or the 
 sale of lands for the non-payment of such taxes, shall be brought 
 within nine months from the end of the period of thirty days 
 limited by the city improvement notice provided for by section 
 925 191, and not thereafter. This limitation shall cure all de- 
 fects in the proceedings, and defects of power on the part of the 
 officers making the assessment, except in cases where the lands 
 are not liable to the assessment, or the city has no power to 
 make any such assessment, 'or the amount of the assessment has 
 been paid or a redemption made. 
 
GENERAL CHARTER LAW OF WISCONSIN. 117 
 
 925 197a. 
 
 Foreclosure of bonds; procedure; lis pendens. SECTION 
 925 197a. The special improvement bonds herein mentioned 
 shall be a lien against all lots, parts of lots or parcels of land 
 against which special assessments have been made, which lien 
 shall take precedence of all other claims or liens thereon, and 
 when issued shall transfer to the holders thereof all the right, 
 title and interest of such city in and to the assessment made on 
 account of the improvement mentioned therein and the liens 
 thereby created, with full power to enforce the collection thereof 
 by foreclosure in the manner mortgages on real estate are fore- 
 closed; but the time of redemption therefrom shall be fixed by 
 the court, and a copy of the bond foreclosed may be filed as a 
 part of the judgment roll in said action in lieu of the original 
 thereof. If within ninety days after the commencement of the 
 annual sale of lands for taxes the amount to pay any instalment 
 of principal or interest shall not have been collected by the city, 
 the owner or owners of at least one-third in par value of the 
 bonds issued on any single improvement may proceed in his or. 
 their own names to collect the same by foreclosure thereof, and 
 shall recover, in addition to the amount of said bonds and 
 interest, all costs against the property of the party or parties 
 in default; provided however that the owner of any property 
 covered by such bonds, or the holder of a lien thereon or other 
 person interested in the property may redeem the same at any 
 time before judgment by paying to the county clerk the amount 
 due against such preperty, together with ten per cent, addi- 
 tional thereon, which shall be in full for all costs chargeable 
 to such property in such action. Any number of the holders 
 of such bonds for any single improvement may join as plaint- 
 iffs in any such action, and any number of the owners of or other 
 persons interested in the property covered by the assessment 
 upon which such bc/nds are issued and on which they are a 
 lien may be joined as defendants in any such action ; and in case 
 more than one action of foreclosure shall be commenced upon the 
 bonds issued on account -of a single improvement such actions 
 may be consolidated. Any holders of bonds for the same im- 
 provement who do not join as plaintiffs may be made defendants 
 and their rights adjudicated in the action. Such bonds shall 
 be equal liens upon the property for the assessments represented 
 by them, without priority one over another, to the extent of 
 the several assessments against the lots and parcels of land 
 against which the special assessments shall have been made. 
 Upon the commencement of any such action the plaintiff shall 
 
118 GENERAL CHARTER LAW OF WISCONSIN. 
 
 cause a notice thereof to be filed in the offices of the county 
 clerk and county treasurer, designating the particular property 
 affected by such foreclosure; and thereafter no redemption of 
 any such property from such assessments shall be had without 
 payment of all costs theretofore accrued in such action except 
 as hereinbefore provided. 
 
 -925 199. 
 
 Care of parks. SECTION 925 19.9. Until such time as the 
 council shall provide for a board of park commissioners the 
 public parks shall be under the charge of the board of public 
 works. 
 
 925 200. (Ch. 93, 1909.) 
 
 Public parks. SECTION 925 200. 1. The council shall have 
 full power to legislate with reference to public parks. 
 
 Curtive clauses. 2. All proceedings heretofore taken ~by 
 <iiii/ cil>] for lln cxldhlixhment of parks at tJve expense of the 
 city, without first hnv-'unj submitted the question of such estab- 
 lishment to a vote of the electors, are hereby declared to be valid. 
 
 Chapter XIX. Sidewalks. 
 
 925 201. 
 
 Grade of. SECTION 925 201. In all cases where the grades 
 of sidewalks shall not have been specially fixed by ordinance 
 the sidewalks shall be laid to the established grade of the street. 
 
 925 202. 
 
 How constructed. SECTION 925 202. The council may 
 from time to time by resolution establish the width, determine 
 the material and prescribe the method of construction of stand- 
 ard sidewalks, and the standard so fixed may be different for 
 different streets. 
 
 925 203. 
 
 Contract; expense. SECTION 925 203. Whenever a street 
 shall be -improved for the first t'me or the grade thereof 
 changed and the street improved so as to conform to the new 
 grade, the grading of the sidewalks shall be considered a part 
 of the improvement, shall be let by contract with the other work 
 of improving such street, and the expense thereof shall be pro- 
 
 * Section 925198 repealed by Chap. 32, 1897. 
 
GENERAL CHARTER LAW OF WISCONSIN. 119 
 
 videcl for and borne in all respects like that of improving the 
 street, but the construction of the sidewalk shall be done by the 
 owners of the abutting lots or parcels of land or at their expense 
 ~as hereinafter provided. 
 
 925 204. (Ch. 425, 1909.) 
 
 Sidewalks ; how laid. SECTION 925 204 1. It shall be 
 the duty of the owner of every lot or parcel of land abutting 
 up -n any street, or streets to lay at his own expense such side- 
 walk as shall be ordered by the city council, in the same manner 
 ami itn-dc)' I IK s<nn< procedure as is provided in subsection 2 of 
 this statute. 
 
 Replacing; notice. 2. (Ch. 674, 1907.) And whenever the 
 board of public works or officers performing the duties of such 
 board shall have declared any sidewalk or part thereof unsafe, 
 defective or insufficient, and required the same to be removed or 
 replaced with a new sidewalk, it shall be the duty of the owner 
 of every lot or parcel of land abutting upon that portion of the 
 street or streets upon which said sidewalk ordered to be re- 
 moved is situated, at his own expense within ten days after 
 the service upon such owner or upon his agent or in case such 
 owner or his agent cannot be found within the city in which 
 said lot or ynrcsl of land is situated, within ten days after the 
 publication in the official paper of such city, of a copy of a 
 written order or resolution adopted by the board of public works 
 or officers performing the duties of such board requiring such 
 removal, to lay such sidewalk in place thereof, all according to 
 the requirements of said order or resolution. 
 
 925 205. (Ch. 425, 1909.) 
 
 Default of lot owner; laid by city. SECTION 925205. 1. 
 Whenever the owner of any lot or parcel of land so abutting 
 upon any street or streets shall neglect to lay such sidewalk as 
 provided for in I lie preceding section, it shall be the duty of the 
 board of public works or officers performing the duties of such 
 board to cause such, sidewalks to be laid in front of such lot or 
 parcel of land ; and whenever the owner of any lot or parcel of 
 land abutting upon that portion of any street or streets upon 
 which any sidewalk ordered to be removed or laid is situated 
 shall neglect for twenty days after the service upon such owner 
 or upon his agent or in case such owner or his agent cannot be 
 found within the city in which such lot or parcel of land is 
 situated, within ten days after the publication in the official 
 
120 GENERAL CHARTER LAW OP WISCONSIN. 
 
 paper of such city, of a copy of a written order or resolution 
 adopted by the board of public works, or officers performing 
 the duties of such board, directing such laying, removal and re- 
 building to lay such sidewalk according to the .requirements of 
 the order or resolutk-n of such board of public works or officers 
 performing the duties of such board. It shall be the duty of 
 such board of public works or officers performing the duties <,f 
 such board to lay xw Ii new *id< irtdk or to remove 1 such defective, 
 unsafe sidewalk and to replace the same with such sidewalk in 
 accordance with the requirements of said order or resolution. 
 
 Contract. 2. (Ch. (>74, 1907.) Such xidcintll; in nil cases 
 shall be constructed by contract. 
 
 Repair. 3. (Ch. (574, 1907.) And in all cases where the 
 sidewalk shall be out of repair should any portion thereof 
 be in such condition that the board <}' public works or of- 
 ficers performing Ih duHrs of xnc/t hoard do not deem it 
 necessary to order the removal of the whole thereof, it shall be 
 the duty of the board of public works or offict rs i>< rfonn ing UK 
 duties of such board to repair or cause the same to be repaired. 
 
 Expense. 4. (Ch. 674, 1907.) The board of public works 
 or officers performing Hn duties of such board shall keep an 
 accurate account of the expenses .- f laying and repairing side- 
 walks in front of each lot or parcel of land whether the work be 
 done by contract or otherwise, and to report the same to the 
 comptroller who shall annually prepare a statement of the ex- 
 pense so incurred in front of each lot or parcel of land and re- 
 port the same to the city clerk, and the amount therein charged 
 to each lot or parcel of land shall be by such clerk entered in 
 the tax roll as a special tax against said lot or parcel of land, 
 and the same shall be collected in all respects like other city 
 taxes upon real estate. 
 
 Contract: payment; certificate against lot. 5. (Ch. 425, 
 1909.) Provided that in case the laying or repairing of any 
 sidewalks, as above provided, shall be done by contract, such con- 
 tract may provide that -any person to whom a contract is 
 awarded for the laying or repair of such sidewalk, shall re- 
 ceive in payment certificates against the lot or parcel of land 
 in front of which such sidewalk is laid or repaired, and it 
 shall be the duty of the board of public works or officers per- 
 forming the duties of such board, after the completion and ac- 
 
GENERAL CHARTER LAW OF WISCONSIN. 121 
 
 ceptance of such w-:/rk to issue such certificates on the request 
 of the person entitled to receive them. 
 
 Certificates. 6. All such certificates shall be signed by the 
 mayor and clerk, countersigned by the comptroller and de- 
 livered to the person entitled to receive the same, said certifi- 
 c;ites shall be proceeded with and shall have the same affect 
 as other certificates given for street improvements chargeable 
 1o lots or parcels of land, as provided in section 925 189. 
 
 Repairs. 7. It shall be the duty of the owner of every lot or 
 parcel of land abutting upon a street to keep in repair the 
 sidewalk in front of such lot. Such duty shall be enforced and 
 such repairs made, and the cost thereof assessed and collected, 
 in case the owner shall fail to make them, by the same officers 
 and in the f-ame manner as prescribed in this and the preced- 
 ing section for the enforcement of the duty to lay and the lay- 
 ing and collecting the cost, if necessary, of new sidewalks. 
 
 925 205a. (Ch. 20, 1899.) 
 
 When to be maintained at expense of city. SECTION 925 
 2050. Whenever the council shall by resolution or ordinance 
 so determine, the sidewalks of the city shall be maintained and 
 kept in repair by and at the expense of said city, after such 
 j-jdewa.lks shall have been first laid by the lot owner and ac- 
 cepted and approved by said city. 
 
 925206. 
 
 Snow and ice. SECTION 925 206. It shall be the duty of 
 the board of public works to keep the sidewalks of the city clear 
 of snow and ice in all cases where the owners or occupants of 
 the abutting lots fail to do so, and the expense of so doing in 
 front of any lot or parcel of land shall be included in the state- 
 ment to the comptroller required by the last section, and in his 
 statement to the city clerk and in the special tax to be levied 
 as therein provided. 
 
 925 207. 
 
 Rules. SECTION 925 207. The council may from time to 
 time make all needful rules and regulations by ordinance for 
 carrying the aforesaid provisions into effect, for regulating the 
 use of the sidewalks of t*he city and preventing their obstruction. 
 
122 GENERAL CHARTER LAW OF WISCONSIN. 
 
 Chapter XX. Sewers. 
 
 925 208. 
 
 Districts. SECTION 925208. All cities shall have full 
 power to construct systems of sewerage and to provide for the 
 payment of sewers by the city, by sewerage districts or by abut- 
 ting property owners, but no city shall enter upon such con- 
 struction until it shall have been divided into sewerage districts 
 and a plan shall have been adopted in the manner hereinafter 
 specified; provided, that it shall not be necessary before any 
 part of the system is constructed that the plan shall be deter- 
 mined upon in all its details, but it shall be settled so far as re- 
 lates to that portion of the system, upon which the construction 
 is commenced; and provided further, that this section shall not 
 apply to cities heretofore divided into sewerage districts and 
 which have adopted a system of sewerage. 
 
 925209. 
 
 Plans and diagrams. SECTION 925 209. The board of 
 public works shall cause diagrams of the plans of the sewerage 
 for each district to be prepared showing the lots and parcels ot 
 land, the main sewers, minor sewers, man-holes, catch-basins 
 and all other matter pertaining to the system. 
 
 925 210. 
 
 Notice. SECTION 925 210. On the completion of such dia- 
 gram notice shall be given in the official paper of the city sub- 
 stantially in the following form : 
 
 Notice is hereby given that a plan for sewerage for the dis- 
 trict bounded as follows : , has been prepared and is now 
 
 open to inspection at the office of the city clerk. All persons 
 owning or interested in real estate in said district are entitled 
 to .examine the same at any time within thirty days after the 
 first publication of this notice a.nd file objections to said plan. 
 
 On the day of - , 18 , this board will be in session to 
 
 consider a,ny objections that may have been filed, and all per- 
 sons desiring to be heard before the board can then be heard. 
 
 Dated . 
 
 Board of Public Works. 
 
 The day for the hearing specified shall be within thirty days 
 after the last publication <;l' said notice, which shall be pub- 
 lished at least once in each week for four successive weeks. 
 
GENERAL CHARTER LAW OF WISCONSIN. 123 
 
 925211. 
 
 Hearing; report. SECTION 925211. On the day specified 
 for said hearing the board shall take up and consider all ob- 
 jections made to the plan as proposed, and take down in writ- 
 ing any testimony that may be oft'ered to sustain said objections. 
 When the board shall have concluded said hearing they shall 
 report the proposed plan, with the objections, their rulings 
 thereon and the evidence taken, to the council. The council 
 shall then examine the same and may approve the plan as pro- 
 posed or change it in such manner as they think proper, and 
 approve as changed or modified by them, or may reject the plan 
 and direct the board to propose a new plan, in which case pro- 
 ceedings shall be had as before. 
 
 925 212. 
 
 Filing diagrams. SECTION 925 212. When the plan for 
 any sewerage district is finally determined complete diagrams 
 of the same shall be prepared in duplicate and certified to be 
 correct by the board of public works ; one of such diagrams shall 
 be filed in the office of the city clerk and one in the office of 
 the register of deeds of the county within which the city is 
 located. 
 
 925 213. 
 
 Report and action thereon. SECTION 925 213. On or be- 
 fore the first Monday of March in each year the board shall pre- 
 sent to the council a report of the sewers necessary or advisable 
 to be constructed during the ensuing year. The council shall, as 
 soon as practicable, consider said report ; they may approve the 
 same or make such additions or changes as to them seem best and 
 adopt the report as changed or modified. No sewer shall be 
 constructed during the ensuing year, except such as shall have 
 been determined upon in the manner aforesaid, unless by a vote 
 of three-fourths of all the members of the council. The board 
 shall proceed to construct the sewers determined upon when and 
 as ordered by the council. 
 
 925 214. (Ch. 221, 1907.) 
 Sewers : plans, specifications ; bids ; construction by city. 
 
 SECTION 925 214. After the council shall have ordered the con- 
 struction of any sewer the board of public works shall advertise 
 for and receive bids to do the work so ordered, having first pro- 
 cured to be carefully prepared, and put on file in the office of 
 the board, for the examination and guidance of bidders, plans 
 
124 GENERAL CHARTER LAW OP WISCONSIN. 
 
 and specifications describing the work to be done and the kinds 
 and qualities of materials to be used, as directed by the council, 
 and shall let the contract to the lowest responsible and reliable 
 bidder; provided, however, that the board shall have the right 
 to reject all bids and readvertise for proposals if they believe 
 none of the bidders are responsible or that any agreement has 
 been entered into between bidders to prevent competition; and 
 provided, further, that the contract shall not be binding till 
 approved by the council and countersigned by the comptroller. 
 When no proper bids shall be received for any such work the 
 council, by a two-thirds vote of <tll //x m< ih< rs, may direct that 
 such work be done under the xu.pcrvix'uni of such officer or of- 
 Jic< rx as it shall designate. 
 
 925 215. 
 
 Payment of contractor. SECTION 925 215. Such contract 
 may, at the option of the city, except as herein otherwise pro- 
 vided, require the contractor to receive as payment for so much 
 of the work as has been assessed against the lots opposite to the 
 front of which any such sewer shall extend, certificates against 
 such lots respectively, or improvement bonds, and the residue 
 of such contract shall be paid out of the proceeds of the general 
 sewerage tax to be levied on the real estate and personal prop- 
 erty within the sewerage district by the council on the reemn- 
 menda.tion of the board of public works. 
 
 925 216. (Ch. 215, 1901.) 
 
 Assessments; notice. SECTION 925 216. Before any con- 
 tract for woik under this subchapter, to be paid for in whole or 
 in part by such assessment shall have been entered into, the 
 board of public works, or, if there be no such board, the officer 
 or officers designated to discharge its duties, shall make an as- 
 sessment against all lots, parts of lots and parcels of land front- 
 ing or abutting on the work so contracted to be done on each 
 side of the same for its whole length, and which have not been 
 before so assessed for sewerage purposes, at an even rate not ex- 
 ceeding two dollars nor less than twenty-five cents per linear foot 
 on each side of the street of the whole frontage of each lot, part 
 of lot or lots or parcel of land fronting or abutting on each side 
 of said sewer, except corner lots which shall be assessed therefor 
 as follows : Corner lots not sub-divided in ownership, and sub- 
 divisions of such lots, constituting the actual corner of corner 
 lots, sub-divided in ownership, shall be entitled to a deduction in 
 making such assessments of one-third from the aggregate of the 
 
GENERAL CHARTER LAW OF WISCONSIN. 125 
 
 T street lines of such corner lot or corner sub-division thereof, 
 on all the streets in front thereof ; such deduction to be made in 
 the assessment of the longest street line of such corner lots or 
 corner sub-divisions thereof, or in ease of equal street lines there- 
 of in the assessment for the second sewer to wh'ch they are liable. 
 Whenever any lot is* sub-divided which as originally platted 
 fronts or abuts in any sewer and the subdivisions thereof are 
 owned by different persons, no subdivisions of such lots not 
 fronting or abutting on such sewer and not owned by the same 
 person who owns the sub-division fronting or abutting on such 
 sewer shall be assessed for the cost of such sewer. Before any 
 such assessment shall be made, notice of at least seven days 
 shall be given by said board by publication in the official paper 
 to the effect that such board will meet at a certain time and 
 place for the purpose of making such assessment and that all 
 persons interested may appear and be heard upon the matter 
 of the assessment, and the apportionment of the expense herein 
 provided for among the lots in the sewerage district. At least 
 one day prior to such hearing the board shall make and file in 
 its office a plat, report or table intelligibly exhibiting the sums 
 to be assessed on all the lots in the district which plat, report 
 or table shall be open to public inspection. 
 
 925 217. 
 
 Apportionment of benefits on subdivision of lot. SECTION 
 1)25 217. Whenever any lot or parcel of land shall be sub- 
 divided by sale or otherwise after the assessment of benefits 
 accruing to it by a system of sewerage shall have been made and 
 before such system shall have been fully carried out and ex- 
 tended to such lots assessed and the assessment on such work 
 paid, any party interested may give notice to the board of such 
 sub-division, and in such case or when the said board shall in 
 any other way become cognizant of the fact of such sub-division 
 they may make an equitable apportionment of the said benefit 
 tax against any lot between the different parcels of it; if by 
 neglect of the owners of the lot KO divided no such apportion- 
 ment shall be made then the entire lot shall be liable for the 
 whole tax. i : ( 
 
 925 218. (Ch. 215, 1901.) 
 
 Cost of sewers, how paid. SECTION 925 218. The cost of 
 all sewers in street and alley crossings and of all sewers in excess 
 of the amount per linear foot chargeable to lots and lands as 
 provided in section 925 216 of all catch-basins for receiving 
 
126 GENERAL CHARTER LAW OF WISCONSIN. 
 
 water from the gutteis and of the overHew pipes connecting them 
 i with the newel's of all temporary catch-basins, of repairing and 
 i-leansing of sewers and all expenditures for temporary work ne- 
 cessary to carry on the system of M-werage herein provided for, 
 iind all the cost i I' constructing sewers not. provided for by special 
 assessment, shall be paid out of the fund of the proper sewerage 
 district^; and all cleaning and repa'ring of sewers and catch- 
 basins and all temporary \\vrk necessary to be done as above 
 stated shall be done by the authority of the board of public works, 
 as may be necessary or by the (.Hirer or officers discharging the 
 duties of such board. The eo.-t of constructing the main sewers 
 within the city limits (; r extending beyond the same may be paid 
 for in whole or in part by the city out of the general fund or 
 out of the funds <;!' Hie proper sewerage district, or by abutting 
 property owners, as the common council shall by ordinance direct. 
 
 925 219. 
 
 Collection of tax. SUCTION 025219. The board, of public 
 works, or the officer <r officers designated to discharge its duties, 
 shall report to the council, en or before the first day of October 
 of each year, as accurately as may be the amount of money re- 
 quired for sewerage purposes for that year in each district in 
 addition to the special assessments made; and the council may 
 direct the levy and collection of a tax for sewerage purposes 
 in each district or such amount, as may be necessary, not, how- 
 ever, to exceed in any one year the sum of five mills on the dol- 
 lar on all property subject to taxation in any such sewerage 
 district, which tax shall, when collected, be placed in the fund 
 of the sewerage district in which the same has been collected. 
 The city treasurer shall keep a separate and distinct account 
 with each such district. 
 
 925 220. (Ch. 215, 1901.) 
 
 Contractors, how paid. SECTION 925 220. Any person to 
 whom a contract is awarded for the c.nst ruction of a sewer, shall 
 receive in payment certificates against the lots, parts of lots or 
 parcels of land so as heretofore directed to be assessed, so far as 
 the same will go in liquidation of the amount of such contract 
 and shall be entitled to receive city orders for the balance due, 
 payable only out of the fund of the proper district, and it shall 
 be the duty of the board of public works, after the completion of 
 any contract and acceptance of the work, to issue such certificates 
 on the request of the person entitled to receive them, and where 
 any sum is found to be due a contractor over and above the 
 
GENERAL ClIAUTKtt LAW OF WISCONSIN. 127 
 
 amount of certificates so 1o he signed and receive in part pay- 
 ment, to certify the same to the council which may direct an 
 order to be drawn / for the payment, of such sum. All certifi- 
 cates of special assessments for building sewers shall be signed 
 by the mayor and clerk, countersigned by the comptroller and 
 delivered to the persons ent il led to receive the siame, said certifi- 
 cates shall be proceeded, \villi and shall have the like effect a,s 
 other certificates given for street improvements chargeable to 
 lots, as provided in section 925 -18.9. 
 
 925 221. 
 
 Sureties to contracts. SUCTION 925 221. All contracts 
 entered into by the board of public works under this snbchapter 
 shall be with sureties approved as to form and execution by the 
 city attorney, and before taking effect shall be signed by the 
 mayor and clerk and countersigned by the comptroller. 
 
 925 222. 
 
 Powers of board of public works. SECTION 925 222. In 
 all cases the work shall be subject to the superintendence and di- 
 rection of the board of public works, and no contractor shall be 
 entitled to recover compensation for any work executed by him 
 unless such work shall have been approved by said board ; pro- 
 vided, that sa'd board may, from time to time as the work pro- 
 gresses, at their discretion, grant to any contractor for a sewer 
 an estimate of the amount and proportionate value of the work 
 done, withholding in all cases twenty-five per cent, of said esti- 
 mate, which shall entitle the holder to receive the amount thereof, 
 less such twenty-five per cent., from the proper fund. 
 
 925 223. (Ch. 220, 1907.) 
 
 Streets: paving; lateral sewers, drains; laying expense. 
 SECTION 925 223. Whenever the council shall order the paving 
 or repaving of any street in which water, gas mains and sewers 
 or either of them shall have been previously laid or constructed, 
 they may also by resolution require water and gas service pipes 
 and house drains to be first laid in such street, at the cost of the 
 property fronting thereon, from the main sewer, water and gas 
 mains in such street to the curb line on either side thereof, at 
 such intervals as the council shall direct, along the whole length 
 of such paved street, except at street and alley crossings, and 
 notice shall thereupon be given to the owners or occupants -of the 
 property adjoining such street, by publication thereof for six days 
 in the official paper, requiring them to do such work opposite 
 
128 GENERAL CHARTER LAW OP WISCONSIN. 
 
 their respective lots according to plans and specifications to be 
 before prepared and filed in the office of the board of public 
 works, city clerk or city surveyor, as the council shall prescribe, 
 showing the location and size and the k'nd and quality of mater- 
 ial of such lateral sewers or drains and water and gas service 
 pipes; and if such owners or occupants shall refuse or neglect to 
 do the same before the paving or repaying of said street so or- 
 dered and within ten days after publication of such notice, the 
 board of public works or. the officer or officers discharging the 
 duties thereof may procure the same to be done. 
 
 Such board of public works or the officer or officers discharg- 
 ing the duties thereof shall keep an accurate account of the ex- 
 fonses of putting in such lateral scu'crs or drains and water and 
 gas service pipes in front of ca-ch lot. or parcel of land, whether 
 the work be done by contract or otherwise., and report the same 
 to tUz comptroller or city clerk u'ho >hall annually prepare a 
 statement of the e.r/>< n.^e so incurred in front of each lot or 
 parcel of land, and report the same to the city clerk, and the 
 amount therein charged to each lot or parcel of land shall be 
 In/ sue// clerk < iilcred in the tax roll as a special tax against 
 Mid lot or parcel of land,, and th\? same shall be collected in all 
 respects like oilier eih/ faxes upon real estate; provided, that 
 no street shall lie paved, or repaved by order of the council 
 unless the water and gas mains and service pipes and necessary 
 sewers and their connections shall, as required by the council, 
 be first laid and constructed in that portion of such street so 
 to be paved or repaved. 
 
 925 224. 
 
 Private drains. SECTION 925224. It shall be the duty of 
 the said board to see that private drains and sewers are con- 
 structed from every lot in said city which in their judgment re- 
 quires it, and that such drains or sewers are made to communi- 
 cate with the public sewers in a proper manner, and they may 
 require such number of drains and sewers to be constructed as 
 they deem expedient. 
 
 925 225. 
 
 Form and construction of. SECTION 925 225. The said 
 bmrd shall prescribe the location, arrangement, form, materials 
 and construct: on of every drain and sewer for every lot empty- 
 ing into the public sewers and determine the manner and plan 
 of the connection of the same ; the work of construction shall be 
 in all cases subject to the superintendence and control of said 
 
GENERAL CHARTER LAW OF WISCONSIN. 129 
 
 heard ami be executed in compliance with their orders; but the 
 co 4 ol' such private sewers shall not be included in the estimate 
 of the cost of tlie general plan of sewerage in any district and 
 shall he charged upon the lot or lots for the benefit of which they 
 shall be constructed. 
 
 925 226. 
 Construction of private drains. SECTION 925 226. The 
 
 said hoard .-hall have at their office, ready for the examination 
 of the pai ties, interested, the specifications of any private drains 
 or sewers so ordered to be constructed, and shall give to the lot- 
 owners six days' notice in the official paper to construct the 
 same, designat'ng therein a reasonable time within which the 
 work shall be completed; and in case any lot-owner neglects to 
 do the work required of him to be- done within the time so speci- 
 fied they shall advertise for proposals and let the same by con- 
 tract, and at the completion of the contract shall give to the con- 
 tractor a. certificate or certificates against such lot or lots, which 
 shall be proceeded with and shall have the like effect as other cer- 
 tificates g'ven for work chargeable to lots. 
 
 925 227. 
 
 Contractor may enter on lot. SECTION 925 227. Any per- 
 son who has taken such contract to construct a private drain or 
 sewer from any lot may enter upon such lot and construct there- 
 on such drain or sewer, and shall have free ingress and egress 
 upon the same with men for that purpose, and may deposit all 
 the necessary building materials and generally do and perform 
 all things necessary to a complete execution of the work. 
 
 925 228. 
 
 Connection of private drains. SECTION 925 228. No 
 private drain shall be connected with any public sewer without 
 a permit therefor having first been issued in such manner as the 
 council shall have provided. 
 
 925 229. 
 
 Wrongful connection, obstruction, etc. SECTION 925 
 229. No person shall be required to make connection with any 
 public e.ewer until his lot or part of lot is so used or improved as 
 to make such connection desirable; and no person shall break 
 open or make such connection except by the consent and direc- 
 tion of the board of public works or the officer or officers dis- 
 charging their duties, and any person who shall do so, or who, 
 9 
 
130 GENERAL CHARTER LAW OF WISCONSIN. 
 
 shall wilfully or maliciously obstruct, damage or injure any 
 public or private sewer or drain, or wilfully injure any of the 
 material employed or used for the purposes of sewerage shall be 
 fined not more than five hundred dollars or be imprisoned in the 
 county jail not to exceed three months. 
 
 925 230. 
 
 Sewers, where laid. SECTION 925 230. Any contractor 
 or other person acting under the direction of the board of public, 
 works may lay sewers in and through any alleys and streets, and 
 through any breakwater into any lake, and also in any high- 
 ways of the county, whether within the limits of said city or not ; 
 provided, that it shall be the duty of such contractor to repair. 
 such streets, alleys, breakwaters and highways and restore the 
 same to their former condition upon the completion of such 
 sewers. 
 
 925 231. 
 
 Diagrams, effect of. SECTION 925 231. Either of the 
 duplicate diagrams filed as the final determination for a plan of 
 sewerage for any district, after the expiration <>!' nine months 
 from the date of such filing, shall bo conclusive proof of the regu- 
 larity of the proceedings to establish the plan of sewerage shown 
 on such diagram. 
 
 925 232. 
 
 Plan, how changed. SECTION 925 232. When a, plan of 
 sewerage has been finally determined upon it shall not be 
 changed except by a vote of three- fourths of all the members of 
 the council in favor of the same; such change shall be by ordi- 
 nance, passed at a regular meeting, after the same, as proposed, 
 shall have been published at least once in each week for two suc- 
 cessive weeks in the official paper. 
 
 925 233. 
 
 New diagrams; effect of. SECTION 925 233. When such 
 change shall have been determined upon duplicate diagrams shall 
 be prepared, certified and filed as before, showing the plan of 
 sewerage as changed, and after nine months from the date oH 
 such filing the said duplicates shall be conclusive proof of the 
 regularity and legality of the proceedings to establish such plan ; 
 if any change made renders useless any existing sewer the ex- 
 pense of such change shall be paid by the general fund. 
 
GENERAL CHARTER LAW OF WISCONSIN, m 
 
 925 234. 
 
 Improvement bonds; notice of issue. SECTION 925 234. 
 \Yhenever a, (ontiact shall have been let for the construction of 
 any sewer and the amounts have been determined that are 
 chargeable to the lots or parcels < f land abutting on the "streets 
 or alleys through which said sewer is to be constructed, if the 
 council deems it for the best interest of the property owners 
 affected by the special assessment for the construction of said 
 sewer it may cause a notice to be published in the official paper 
 once in each week for two successive weeks, substantially in the 
 following form : 
 
 Improvement Bonds for Sewerage Assessments. 
 
 Notice is hereby given that a contract has been let for the con- 
 struction of a sewer 'as follows (describe the street or alley) ; 
 that a statement showing the amount of the special assessment 
 chargeable to the lots and parcels of real estate benefited by -said 
 sewer or abutting on the street (or alley) through which said 
 sewer is to be constructed is now r on file with the city clerk; all 
 parties who desire to pay the special assessment on presentation 
 of the proper certificate are hereby required to file their notice 
 to that effect with the said clerk before the expiration of thirty 
 days from the date of this notice; the city will issue its six per 
 cent, semi-annual interest coupon bonds payable in annual in- 
 stalments for an amount sufficient to cover the special assess 
 nients which the parties owning the property do not elect to pay 
 on the presentation of certificates in the manner stated ; said 
 bonds will be a charge upon the particular lots only against 
 which said special assessments are levied. 
 
 Dated this - - day of , 18. 
 
 , City Clerk of the City of . 
 
 925 235. (Ch. 170, 1907.) 
 
 Sewerage bonds: issue. SECTION 925 2:}r>. /. The 
 council shall then Itavc the puircr lo /sx/y," x?/r// bonds for 
 an amount sufficient to cover all special assessment* which f/te 
 fxir/ies do nof elect to i;aij in accordance -with suck notice. Said 
 honds may he annual or semi-annual interest coupon bonds, 
 or registered bonds without Interest coupons, as Ihc council may 
 direct. The total issue in each case, shall be payable in annual 
 installments for a period not r./vr, ditnj I en years from the date 
 of issue, and shall draw interest nol <.><<< <lin<j six per cent, per 
 
132 (JFA'URAL ('IIAKTKK LAW OP WISCONSIN. 
 
 nun it in, inli r< si /xii/ah/i (iiinmillij, or semi-anniltilly, <i* I li 
 until council nxnj direct. 
 
 Form. 2. Such bond* shall specify on their Face that 
 they are sewerage bends. ?md shall contain such recitals as 
 may be necessary to >how that they ;nv chaigeable only to partic- 
 ular property, specifying the same, and the number and amount 
 of said bonds, and such other provisions as the council may think 
 proper to be inserted; they shall !. ' signed by the mayor and 
 clerk and sealed with the corporate sea! uf the city. Such sewer 
 improvement bonds shall in no event be a, general city liability. 
 
 925 236. 
 
 Bonds, how sold. SECTION 925 23(>. Any portion or any 
 instalment or instalments oF said bonds may bo sold by the 
 council at not less than p:ir value, and the proceeds, on being 
 collected -by the city treasurer, shall be paid to the sewerage con- 
 tractor when due him ; or the contract may provide that the con- 
 tractor shall lake the bonds as payment on his contract at their 
 par value, but he shall be charged with accrued interest. 
 
 925 237. 
 
 Payment of bonds. SECTION 925 237. The city treasurer 
 shall pay the interest on and principal of said bonds as the same 
 become due and charge the amount to the proper fund. 
 
 925 238. 
 
 Assessments, collection of. SECTION 925 238. In each 
 year after the issu'ng of said bonds, until all of them are paid, 
 when the tax r; II fer the year is prepared sufficient of the special 
 assessment on each parcel of land covered by said bonds to pay 
 the annual instalments of principal with the interest on the 
 amount of said special assessment then unpaid shall be extended 
 on the tax roll a,s a, special, tax against the property, and there- 
 after such tax shall be treated in all respects as other city taxes. 
 and when co'.lccted ^hall (- n-titute a spec'al fund for the pay- 
 ment of such bonds and interest and shall be used for no other 
 purpose. Any bondholder interested in the particular district 
 may have the same light of redemption as any other person un- 
 der the provisions of section 1165. 
 
 925 239. 
 
 Change of system. SECTION 925 239. "Whenever any- city 
 shall have adopted a system of sewerage, and in the opinion of 
 
GENERAL CHARTER LAW OF WISCONSIN. 133 
 
 the council such system has proved insufficient, inadequate or 
 dangerous to the public health, such council shall have full 
 power to alter or amend the same and adopt more approved 
 methods, and to so change the system as to obviate the objections 
 to the existing system, either by altering or modifying the same 
 or by abandoning it, and adopting an entirely new system. In 
 case the council shall decide to amend its system or adopt a new 
 one it may proceed in the mode prescribed in this subchapter or 
 by the law in pursuance of which such sewer or sewers were 
 constructed to make the necessary plans, surveys, specifications 
 and estimates, to let contracts and assess the expense of such 
 work upon the lots or parcels of land thereby benefited, or in the 
 discretion of the council it may cause the whole cost of such con- 
 struction, alteration or change to be borne by the city, or to cause 
 such portion of the estimated cost of construction, alteration or 
 change of sewers as it shall designate to be borne by the city 
 and the balance to be assessed upon the lots or parcels of land 
 which may be benefited. It shall be lawful for any such city to 
 issue its coupon bonds for an amount sufficient to cover the cost 
 of constructing any such sewers, which bonds may bear interest 
 at a rate not exceeding six per cent, per annum and become due 
 at such time as the council shall determine, as provided in this 
 subchapter. 
 
 925 239a. 
 
 Special taxes for sewers, vote on. SECTION 925 239cr. 
 The council of any city of the second or third classes, whether 
 existing under this chapter or special law, may levy, for a term 
 not exceeding five years, a, special tax not exceeding one-fourth 
 of one per cent, per annum upon all the property taxable in 
 such city for either of the following purposes : 
 
 1. For the planning, construction and completion of a general 
 system of sewers and drains or cither of them. 
 
 2. For the planning, construction and completion of any 
 change or reconstruction of an established system of sewers and 
 drains or either of them ; or 
 
 3. For such portion of the expense of such planning, construc- 
 tion and completion as said council may not find it lawful or 
 expedient to charge' to the particular property benefited thereby 
 in the manner provided by the charter of such city or by this 
 chapter. 
 
 Before any such tax shall be levied or any contracts or obli- 
 gations entered into in contemplation thereof said council shall 
 cause to be made and prepared a plan and specifications for the 
 
134 GENERAL CHARTER LAW OF WISCONSIN. 
 
 improvement proposed to be made, together with an estimate by 
 the city engineer or surveyor, as the case may be, of the probable 
 cust of such improvement; and said council shall adopt and 
 cause, to be published, together with an -abstract of the plan 
 aforesaid and the engineer's estimate thereon, in the official city 
 paper a resolution submitting to the electors of said city the 
 question wild her a speeial sewerage tax in an amount and for a 
 number of years to be specified in said resolution, and not ex- 
 ceeding the limits aforesaid, shall be levied, and shall accompany 
 Ka'd publication with a, notice that said question will be sub- 
 mitted to a vote of Mich electors at a time therein to be named. 
 Such vote shall he taken not more than sixty nor less than 
 twenty days after the publication of the said plans, estimate and 
 resolution in the manner' other municipal elections are held in 
 such cities, and may be held either at the regular municipal elec- 
 tion or at a special election to be held for the purpose, and in 
 either ca; -e the votes shall be received, counted and canvassed by 
 the officers and in the manner prescribed for regular municipal 
 elections. The ballots for such election shall in all cases be upon 
 a separate ticket, and shall read: 
 
 
 Yes. 
 
 No. 
 
 For sewerage lax 
 
 
 
 
 
 
 Said ballots shall be marked in the manner prescribed by chap- 
 ter 5. If a majority of all the votes cast upon said question 
 shall be in favor of such sewerage tax then the council may ad- 
 vert'se for bids and let the contract for such work to the lowest 
 bidder or bidders, if the lowest bid shall be deemed reasonable, 
 and levy an annual tax not exceeding the amount and for the 
 time authorized by the electors, which tax shall be placed upon 
 the tax roll and collected in the same manner as other special 
 charges. No city shall contract to pay more in any one year 
 pursuant to this section than the amount of the special fund 
 available in such year; but the proceeds of any such tax may be 
 anticipated by the issuance of special sewerage bonds in the 
 manner and under the limitations prescribed by this chapter, 
 and such tax when collected may be devoted to a special sewerage 
 bond sinking fund. 
 
 925 239b. 
 
 Curative provision. SECTION 925 2397;. In any case in 
 which airy city having power under its charter as it existed prior 
 
(J-ENEEAL CHARTEB LAW OF WISCONSIN. 135 
 
 to April 12, 1889, to construct sewers and provide for the pay- 
 ment thereior shad have attempted to amend its charter by 
 adopting the provisions of sections 9^5 208 to 925 239a, inclu- 
 sive, for the consti net ion of sewers, and the proceedings for the 
 adoption of said sections shall be or be claimed to be invalid by 
 ieas: -,u of or on account of irregularities or defects in the pro- 
 c( edmiis lor such adoption, and such sewer or se\v r ers shall never- 
 ttieless have been actually constructed under such proceedings, 
 the cm i inion council of any c.ty may charge the cost of the 
 construction thereof to the various lots, pieces or parcels of land 
 abutting upon the street or streets in which said sewer shall have 
 been constructed, to the same extent a.-; though such sections 
 925208 to 925 239a, had been legally adopted. 
 
 925 239c. 
 
 Assessments. SECTION 925 239c. In case the common 
 council of any such city shall desire to charge the cost of any 
 such sewer to the abutting property as provided in section 925 
 32t)b it may, by an ordinance or resolut.on to be passed at any 
 regular meeting of said council, declare that the cost of any 
 such hewer which has so been constructed shall be chargeable to 
 1 he several lots, pieces or parcels of land abutting upon the street 
 or streets in winch said sewer or sewers shall have been con- 
 structed, and it shall then be the duty of the board of public 
 works or the council of such city, if it has no such board, to 
 make an assessment against -all lots, parts of lots and parcels 
 of land front.ng or abutting on the street or streets in which any 
 such sewer shall have been so constructed in the manner provided 
 by sections 925 208 to 925 239a, inclusive, which assessment, 
 when so made, shall be a valid lien on each lot, piece or parcel 
 of land abutting on the street or streets in which any such sewer 
 shall have been constructed in the same manner and with like 
 effect as though such sewer had been constructed under the pro- 
 visions of said sections, and shall be carried into the general tax 
 roll assessed against each such lot, piece or parcel of land, and 
 collected in the same manner as general taxes are collected in 
 such city. The cost of such sewer which may be charged against 
 the abutting lands^as aforesaid shall not include the cost of 
 construction across street intersections nor of catch-basins made 
 in connection with such sewer. 
 
 925 239d. (Ch, 251, 1907.) 
 
 Separate sewer district. SECTION 925 239d. Any city 
 which is or may hereafter be divided into separate sewer dis- 
 
136 GENERAL CHARTER LAW OF WISCONSIN. 
 
 tricts may issue bonds for the construction of sewers in any 
 sewer district and for the payment of the principal and inter- 
 est of such bonds, may levy an annual tax again- 1 the property 
 of such sewer district only, if the common council shall so deter- 
 mine. 
 
 Bond issue, (a,) Such bonds may be issued by the common 
 council the same in all re- poets as if said bonds were made a 
 general city liability, except fhat no election of the voters of the 
 entire city shall in any care be he'd to authorize the issue of 
 said bonds, but if within thirty days after the passage, by the 
 common council of the city of the ordinance authorizing the 
 issue of bonds for such purpose and levying a tax against the 
 property of such sower district only, there shall be filed in the 
 office of the city clerk a petition in. writing signed by not le?.s 
 than ten per cent, in number of the voters in said district who 
 voted therein at the hist general state election, asking for the 
 submission of the question of issuing such bonds to a vote of 
 the people, then such question s-hall be submitted as provided in 
 section 943, excepting thai such election shall be held in the one 
 sewer district only. 
 
 Valuation. (b) The ordinance providing for the issue of 
 such bonds shall recite the assessed valuation of the sewer dis- 
 trict in addition to reciting the valuation of the entire city. 
 
 Chapter XXI. Harbors and Bridges. 
 
 925 240. 
 
 Duty of Board of public works. SECTION 925 240. In 
 every city governed by this chapter, where there shall be any oc- 
 casion for harbors or bridges or either, the board of public 
 works, under the direction of the council, shall have charge 01 
 the construction, repair and maintenance thereof. 
 
 925 241. 
 
 Location and construction of. SECTION 925 241. The 
 council may determine, by ordinance or resolution, the location 
 of all harbors or bridges and the manner of their construction, 
 and by ordinance may adopt, fix and change, from time to time, 
 dock lines along the w^ater fronts within the boundaries of such 
 city, conforming as near as practicable to the original meander 
 lines and survey thereof, and require the riparian owners to 
 
GENERAL CHARTER LAW OF WISCONSIN. 137 
 
 build and maintain docks for the protection of the banks of such 
 stream; and upon the failure of such owners to perform such 
 work as directed the board of public works may cause such 
 work to be done and the expense therefor charged to the abutting 
 lot or lots. The mode of proceeding shall be similar to proceed- 
 ings in the case of building sidewalks. 
 
 925 242. 
 
 Repair of. SECTION 925 242. Whenever the council shall 
 by resolution declare it to be necessary to construct or repair 
 any harbor, dock, wharf, breakwater, channel or bridge it shall 
 be the duty of the beard of public works to prepare an estimate 
 of the cost of such work and file it with the city clerk, who shall 
 submit the same to the council; thereupon the council may by 
 resolution direct the work to be done. It shall then, be the duty 
 of the board of public works to advertise for bids for doing the 
 work and furnishing the material, the same as in the case of 
 work to be done and materials furnished in the construction of 
 streets, and they may receive bids and award contracts to the 
 lowest bidder or bidders in the same manner as in the construc- 
 tion of streets. The work contracted to be done, when finished, 
 fjhall be accepted by said board before final payment shall be 
 made to the contractor or contractors. The contract may pro- 
 vide fo<r the payment of not more than eighty per cent, of the 
 cost of the work upon estimates of the city engineer or city sur- 
 veyor as the work proceeds, and at least twenty per cent, of the 
 cost shall be retained until the work shall have been so accepted. 
 
 925243. 
 
 Separate accounts. SECTION 925 243. In all cities where 
 harbors or bridges or either shall be or shall have been con 
 structed, or where any contract for the construction, repair or 
 maintenance thereof shall have been made, it shall be the duty 
 of the treasurer to open and keep a separate account of the re- 
 ceipts and disbursements on account of bridges, amj another, if 
 need be, on account of harbors, docks, wharves and the like, to 
 be called, respectively, "bridge account" and "harbor account;" 
 and where such bridges or harbors or either are required it shall 
 be the duty of the council to make annual estimates of the money 
 necessary to be raised for such work and the maintenance and 
 repair of the same, and to provide by taxation or loan the neces- 
 sary funds therefor as in the case of other public works. The 
 bridge and the harbor account shall each be one of the accounts 
 of the general fund, but moneys raised on account of either shall 
 
138 GENERAL CHARTER LAW OF WISCONSIN. 
 
 not be applied nor be' deemed applicable to the payment of any 
 other expense or expenses, nor shall the same or any portion 
 thereof be credited to any other account unless a resolution for 
 that purpose shall be passed by the council by a majority of two- 
 thirds of all the members thereof, and approved by the comp- 
 troller and commissioners of the public debt, if any, or a major- 
 ity of said commissioners. 
 
 925 244. 
 
 Assessment of benefits. SECTION 925 244. No special 
 assessments for benefits shall be made on account of any bridge, 
 harbor, dock or wharf or any such improvement, except as herein 
 otherwise provided, unless Ihe owners of property benefited 
 thereby shall consent, in advance to the levying of such assess- 
 ments as provided in the next section. 
 
 925 245. 
 
 When allowed. SUCTION 925 245. Whenever the owners 
 of land IxMietitted by any proposed bridge, harbor, dock or 
 w r harf shall by petition to the council pray for the construction 
 thereof and shall in and by the terms of such petition, consent 
 that their land, describing it, shall be assessed for benefits by 
 reason of such improvement (the percentage on the assessed 
 valuation of such land to be assessed being designated in said 
 petition), and such improvement shall be made and accepted 
 within the time designated in such petition, it shall be the duty 
 of the comptroller to prepare a statement of assessments made 
 pursuant to the consent contained in such petition and report 
 the same to the city clerk, and the clerk shall thereupon levy 
 said assessments as special taxes upon the lands designated in 
 said statement, in a separate column in the city tax roll for the 
 current year, and such taxes shall be collected and paid into the 
 city treasury and credited to the account iof the proper fund the 
 same as other taxes. 
 
 925 246. 
 
 Repairs of docks, etc. SECTION 925 246. In cases where 
 it may be urgently necessary, for the preservation of property, to 
 make any repairs upon any bridge, dock or wharf, not to exceed 
 two hundred dollars in expense, it shall be the duty iof the board 
 of public works, with the consent of the mayor and comptroller, 
 to make such repairs without the intervention of a contract, and 
 report the same as soon as may be to the council, whereupon 
 that body shall make. provision by taxation, loan or appropria- 
 
GENERAL CHARTER LAW OF WISCONSIN. 139 
 
 tion of funds available for that purpose to meet the expense of 
 such repairs. 
 
 925 247. 
 
 Contracts for dredging. SECTION 925 247. Whenever it 
 shall be necessary for the com 1 met ion or maintenance of a har- 
 bor that any lake, bay, slough, pond, river or creek shall be 
 dredged or otherwise deepened the board of public works, by 
 dii-erli.cn oi the council, may let contracts for such dredging to 
 the lowest bidder as in the ease of other public works, or the city 
 may purchase and maintain for its use the necessary dredges 
 and other apparatus for such work and provide funds for the 
 purchase, use and maintenance of such apparatus by appropria- 
 tions made from the general fund, to be charged to the harfoor 
 account, the money for that purpose to be raised by taxation or 
 loan a,s other moneys in the general fund are raised; and the 
 board of public works., under the direction of the council, shall 
 have the control and management of such apparatus and em- 
 ploy such men and purchase such supplies as may be necessary 
 in the management thereof, and the cost of such labor and sup- 
 plies shall be paid for upon certificates of said board, counter- 
 >;iuned by the comptroller, out of the general fund and charged 
 to the harbor account. 
 
 925 248. 
 
 Erection of breakwater; assessments. SECTION 925 
 24S. In rase it shall be nere-sary to protect any land from be- 
 ing washed away by any lake, river or /other water the council 
 may by ordinance provide for the protection of such land by a 
 wall or dock breakwater, to be constructed as it may prescribe, 
 and may direct the board of public works to make an assessment 
 of the benefits accruing to the land so protected and other lands 
 benefitted by such wall. The boundaries of assessment districts 
 shall be fixed and determined by the council. The cost of sucfi 
 protection shall be raised as follows : One-half thereof, or such 
 lessor proportion as the council shall direct and orcler, shall be 
 paid out of the general fund or out of a special fund to be 
 raised for the purpose, and the balance shall be levied and raised 
 by the assessment of special benefits upon the real estate within 
 the boundaries of the proper assessment district. The entire 
 cost of protecting public grounds and the ends of streets shall 
 be borne by the city. Such assessments shall be made, corrected, 
 reported to the council and confirmed thereby the same as assess- 
 ments for other public works, and certificates or improvement 
 
140 GENERAL CHARTER LAW OF WISCONSIN. 
 
 bonds may be issued thereon in the same manner and with like 
 effect as in the case of other public works. An appeal to the 
 circuit court may be taken from any such assessment, upon like 
 notice and security, witii'n tho same time and with like effect as 
 in the case of other public works, and like proceedings 'shall be 
 had thereon. 
 
 925 248a. 
 
 Harbors; change of boundaries; assessments. SECTION 
 925 248a. Any city may, at its option, in lieu of proceedings 
 under sections 925 240 to 925 248 inclusive, have the power 
 to construct, repair, improve and maintain any harbor within or 
 of the city, so as to make it navigable and available for the lar- 
 gest class of vessels, by dredging channels and slips, building 
 docks, dykes, wharves, piers and breakwaters or by such other 
 plan of improvement as the cmincil may prescribe and adopt; 
 and when any such improvement shall have been ordered the 
 board of public works shall make^an assessment of the benefits 
 accruing to the lands benefited thereby. In order to facilitate 
 the improvement < f any harbor or any portion thereof the coun- 
 cil may, by ordinance, establish harbor districts, to be numbered 
 from one upwards, along the bays, rivers, creeks, sloughs, slips 
 and pockets lying wholly or in part within the city, each of 
 which districts shall contain such area and embrace such lands 
 and territory to be improved and benefited as the council may 
 by such ordinance prescribe and determine ; and after the forma- 
 tion of any district the cost of any improvement made within it 
 shall be assessed to the property therein according to the bene- 
 fits accruing to such property by reason of such improvement. 
 The council may at any time, by a vote of three-fourths of all 
 its members elect, vacate, alter or change the boundaries of any 
 harbor district or consolidate or re-arrange the harbor districts; 
 provided, that before any district shall be established, altered 
 or vacated the notice required to be given in the establishment 
 of sewerage districts under -section 925 210 shall first be given, 
 and sections 925 209 to 925 212 inclusive are hereby made 
 applicable to the establishment, alteration and vacation of har- 
 bor districts. In case it shall be necessary to dredge any chan- 
 nel or make any other improvement outside of any dock lines 
 or harbor districts the cost thereof shall be assessed as benefits 
 against the platted property or subdivisions of land nearest to 
 or benefited by such improvement. Assessments for harbor im- 
 provements shall be made, corrected and reported to the council 
 as assessments for street improvements, and certificates or im- 
 
GENERAL CHARTER LAW OF -WISCONSIN. 141 
 
 r^ 
 
 provement bonds may be issued thereon and collected in the 
 manner and with like effect as in the case of street improve- 
 ments, and all provisions contained in this chapter relating to 
 special assessments and proceedings and special improvement 
 bonds in the case of street improvements are hereby made ap- 
 plicable. The council may provide that a sum not exceeding 
 I en per cent, of the amount of any assessment for the benefits 
 shall be added as an additional assessment of benefits to cover the 
 co4 of engineering, superintending and all other necessary 
 charges upon the city by reason of such improvements; provided, 
 that the whole nun assessed shall not exceed the benefits. They 
 may also provide that any portion of the entire amount of any 
 sum assessed 'as benefits shall be collected and in the treasury 
 before any work' shall be done or improvement made under this 
 subchapter. Like remedies, appeals and limitations as in the 
 case of street improvements may be taken and are applicable. 
 
 925 248b. 
 
 Condemnation. SECTION 925 2486. Any city may exer- 
 cise the right and power to condemn any lands, whether sub- 
 merged or not, that may be necessary for the improvement of 
 any harbor, and to that end may exercise all the powers granted 
 by sections 925 154 to 925 171 inclusive and in the manner 
 therein provided. 
 
 Chapter XXII. Miscellaneous. 
 
 925 249. 
 
 Ineligibility to office. SECTION 925 249. No member of 
 Ilie council shall, during the term for which he is elected, be 
 eligible to any other municipal office except the office of mayor, 
 existing a-t the time of his election or created by the council 
 subsequent thereto. 
 
 925^-250. 
 
 Charters repealed. SECTION 925 250. The adoption of 
 this chapter by any city now .organized shall repeal the existing 
 charter provisions of such city, except as to the special pro- 
 visions relating to time, manner, sale and place of sale of in- 
 toxicating liquors or the amount of license fee which may be ex- 
 acted therefor, and except such acts -or parts of acts as may be 
 specially retained by the provisions of this chapter, 
 
142 GENERAL CHARTER LAW OF WISCONSIN. 
 
 925 251. 
 
 What laws not affected. SECTION 925251. The adop- 
 tion of this chapter by any city shall not be deemed to repeal or 
 modify chapter ;I78 of the laws of 1885, entitled "An act in rela- 
 tion to the police force and fire department of the city of 
 Milwaukee," nor any acts amendatory thereof, nor any act 01 
 part of an act limiting the amount of the public debt of any 
 city or its' proportion to the taxable property thereof or the 
 amount or rate of taxation in any city of the first class; but 
 said acts and said provisions shall remain in force in the cities 
 to which they relate and to which they are applicable the same 
 as if this chapter had not been passed or had not been adopted 
 by such city or cities.. 
 
 925 252. 
 
 Inhabitants not disqualified. SECTION 925 252. No per- 
 son shall be incompetent to act as judge, justice of the peace, 
 witness or juror, by reason of his being an inhabitant of any city, 
 in any action or proceeding in which the city shall be a party 
 in interest. 
 
 925^253. 
 
 General laws in force. SECTION 925 253. The general 
 laws f<:r the government of cities, villages and towns, the assess- 
 ment and collection of taxes, the preservation of public and pri- 
 vate property, highways, roads and bridges, the punishment of 
 offenders, the collection of penalties and the manner of con- 
 duct ing elections shall be in force in all cities .organized under 
 the provisions of this chapter except as otherwise herein pro- 
 vided. 
 
 925 254. 
 
 Application of criminal laws. SECTION 925254. The 
 general laws for the punishment of bribery, misdemeanors and 
 ((irruption in office shall be in force and shall apply to all offi- 
 cers elected or appointed under the provisions of this chapter. 
 
 925 255. 
 
 Officers not to be concerned in contracts. SECTION 925 
 255. No city officer shall be interested, directly or indirectly, in 
 any improvement or contract to which the city is a party, and 
 whenever it shall appear that such is the case such contract 
 shall be absolutely void and the city shall incur no liability 
 
GENERAL CHARTER LAW OF WISCONSIN. 143 
 
 whatever thereon. No city officer shall )>< accepted as surety 
 on any 1>> ml, contract or other obligation made to the city. 
 
 925 256. 
 
 Private property Garnishee. SECTION 925 256. No real 
 or personal property of any inhabitant of a city or of any cor- 
 poration therein shall be levied on or sold by virtue of an at- 
 tachment or execution issued to satisfy any contract, debt or 
 obligation of said city, or for any judgment against it, nor shall 
 any person or corporation be held liable as garnishee of said city- 
 
 925 257. 
 
 Forms. SECTION 925 257. The use of any forms prescribed 
 by the statutes of this state, as far as the same are applicable, 
 shall be as legal and of the same force and effect as the use of 
 the forms prescribed by this chapter. 
 
 925 258. 
 
 Reconsideration of claims. SECTION 925 258. In case 
 any person shall present his claim or demand against any city or- 
 ganized under the provisions of this chapter and the council 
 shall disallow such claim in whole or in part it shall not again 
 consider or allow such claim. 
 
 925 259. (Ch, 272, 1901.) 
 
 City marshal. SECTION 925 259. The city marshal shall 
 be known as such or as captain or chief of police, in the discre- 
 fion of the council, and shall have command of the police force 
 of the city under the direction of the mayor. He shall give a 
 bond similar in form to that required by law of constables. He 
 shall possess the powers, enjoy the privileges and be subject to 
 the liabilities conferred and imposed by law upon constables, 
 and be taken as included in all writs and papers addressed to 
 constables. It shall be his duty to obey all lawful written or- 
 ders of the mayor or common council ; to arrest with or without 
 process, and with reasonable diligence to take before the police 
 justice every person found in the city in a state of intoxication 
 or engaged in any disturbance of the peace or violating any law 
 of the state or ordinance of such city. He may command all 
 persons present in such case to assist him therein, and if any 
 person, being so commanded, shall refuse or neglect to render 
 such assistance he shall forfeit not exceeding ten dollars. He 
 shall be entitled to the same fees allowed to constables for simi- 
 lar services; for other services i en tiered the city such compel!-? 
 station as the common council shall fix. 
 
144 GENERAL CHARTER LAW OP WISCONSIN. 
 
 925' 260. 
 
 Attorney's opinions. SECTION 925 260. The opinions of 
 the city attorney shall be filed with the city clerk and recorded 
 in a hook to he kept for that purpose. 
 
 925 261. 
 
 Ordinance books; proof of ordinance. SECTION 925 261. 
 The city clerk shall keep a hook to he known as an "ordinance 
 book," in which he shall enter at length, immediately after its 
 passage, in a plain and distinct hand-writing, every ordinance 
 adopted by the council and append thereto a note giving the 
 date of its passage, page of the journal containing the record 
 of the final vote upon its passage, the name of the newspaper 
 in which said ordinance was published and the date and proof 
 of its publication. Any ordinance may be proved by the certi- 
 ficate of the clerk, under seal of the oily, and when printed or 
 published in pamphlet form and purporting to be published by- 
 the authority of the city shall be read and received in all 
 courts and places as evidences of its adoption. 
 
 925 263. 
 
 Existing ordinances in force. SECTION 925 263. When- 
 ever a city or village shall be incorporated under the provisions 
 of this chapter the ordinances in force there! n at the time of 
 such incorporation shall continue to be in force and be the ordi- 
 nances of such new corporation so far as the same are not in- 
 consistent with the provisions of this chapter, until amended. 
 altered or repealed. 
 
 925264. 
 
 Duties of officers. SECTION 925264. In case of the fail-. 
 lire to prescribe the duties of any officer elected or appointed 
 under the provisions of this chapter, the provisions of these stat- 
 utes, so far as the same are applicable, shall be deemed and 
 taken to be the guide in determining the duties of such officer. 
 
 925 265. 
 
 Rewards. SECTION 925 625. When any heinous offense 
 or crime has been committed against life or property within any 
 such city the mayor, with the consent of a majority of the al- 
 dermen, may offer a reward for the apprehension of the crim- 
 inal or perpetrator of such offense. 
 
 925 266. 
 
 No exemption from assessments. SECTION 925 266. No 
 lot or parcel of land in any city shall be exempted from the 
 
GENERAL CHARTER LAW OF WISCONSIN. 145 
 
 payment of its portion of any tax for the improvement of 
 streets or the building 1 or repairing of sidewalks upon which 
 su<'h lots or parcels of land may border, excepting only property 
 belonging to the United States or this state. 
 
 925 268. 
 
 Canvass of votes. SECTION 925 268. The council of each 
 city shall meet, on or before the second Tuesday of April in 
 each year, and proceed to canvass and declare the result of the 
 annual municipal election. 
 
 925 269. (Ch. 102, 1903.) 
 
 Jurisdiction of justices, constables, etc., in city in two 
 or more cotmties. SECTION 925 269. In all cities organized 
 under this chapter or which shall adopt any part thereof, 
 whoso territory shall lie in more than one county, the following 
 provisions shall apply when adopted by the council of any such 
 cily in the manner prescribed in and by section 926: 
 
 1. All justices of the peace and police justices shall, before 
 entering upon the duties of their offices, take and subscribe as 
 many oaths of office and execute as many official bonds as there 
 are parts of counties within said city, which bonds shall have 
 two or more sufficient sureties, to be approved by the mayor, 
 and shall be in the form provided by the statutes ; the approval 
 of the sureties shall be endorsed upon such bonds, and the said 
 justices of the peace and police justices shall cause one of such 
 bonds, together with their oath of office, to be filed in the office 
 of the clerk of the c'rcuit court of each of said counties, and a 
 copy of said bond, duly certified by either of said clerks, shall 
 be prim a facie evidence of the contents and execution thereof. 
 Bach of said justices of the peace and police justices shall have 
 jurisdiction both civil and criminal co-extensive with the limits 
 of each of the counties in which said city or any part of it is 
 situated, and ma.y issue process and do all things in either of 
 said counties that any just'ce of the peace of siich county may 
 lawfully do. Each of said justices of the peace and police 
 justices shall keep and hold his office within the corporate lim- 
 its of said eitv, irrespective of the ward in which he shall re- 
 side; prov : ded, that in case of appeal or certiorari in civil cases 
 the papers shall be transmitted to the circuit court of either 
 of said counties in which said iustice has jurisdiction, the cir- 
 cuit court first obtaining jurisdiction of such appeal to retain 
 such jurisdiction to the exclusion of the other circuit court, 
 unless there be a county court having civil jurisdiction, and 
 10 
 
146 GENERAL CHARTER LAW OF WISCONSIN. 
 
 then to the county court of the county in which such action 
 was tried; and provided further, that in case of an appeal in 
 criminal cases or in examinations in which the justice has not 
 final jurisdiction the papers shall be transmitted to the circuit 
 court of the county in which the offense is charged to have 
 been 'committed; and all commitments in criminal cases shall 
 be made to the common jail of such county, except commit- 
 ments for violations of a city ordinance; and provided further. 
 in all cases, if a cause shall be removed from the justice before 
 whom the same was commenced, the papers shall be transmits 
 ted to the nearest justice in said city, if he be competent to try 
 the cause, but if there shall be no such justice, or if he be absent 
 or sick, the papers shall, in civil cases, be transmitted to the 
 nearest justice of the peace of the county in which the defend- 
 ants or either of them was served with process, and in crim- 
 inal cases they shall be transmitted to the nearest justice of the 
 peace of the county in which the offense was charged to have 
 been committed, and such nearest justice may hear, try and de- 
 termine the same; the said just 'res of the peace and police jus- 
 tices shall perform the same duties, receive the same fees, and 
 be liable to the same penalties as other justices of the peace. 
 "When execution shall be issued by either of said justices of the 
 peace or police justices in actions of tort, and the defendant 
 shall be imprisoned thereon, he shall be committed to and im- 
 prisoned in the jail of the county in which the cause was tried. 
 2. In all cases of the adjournment of any criminal case or 
 examination or of a case brought for the violation or non-ob- 
 servance of any ordinance, in default of giving the recogniz- 
 ance provided by law the accused may be put in charge of an 
 officer or committed to the police station or lock-up of said 
 city or to the jail of the county in which the offense is charged 
 to 'have been committed. All commitments or executions upon 
 judgments for violations of ordinances shall be directed to the 
 keeper of the jail of the county in wh:ch the ward is situated 
 where the action shall have been tried in which such execution 
 or commitment is issued, and such keeper is hereby required to 
 receive and keep in custody all such persons so committed un- 
 til they be discharged by due course of law or by payment of 
 the penalty and costs, including all subsequent costs and ex- 
 penses made thereon. And for all such purposes said city shall 
 have the use of the jails of the counties in which it or any part 
 of it is situated for the imprisonment of all persons liable to be 
 imprisoned ; and all persons committed to either of said jails 
 shall be under the charge of the sheriff of the county to which 
 they may be sent. 
 
GENERAL CHARTER LAW OF WISCONSIN. 147 
 
 3. In all actions triable by jury, brought before either of said 
 justices of the peace or police justices, when a jury shall have 
 IK 'en duly demanded the proper officer shall make a list of 
 eighteen persons who shall be qualified to serve as jurors in 
 cc-urts of record in either of said counties in which said city or 
 any part of it is situated, and the jury shall be struck and 
 summoned as provided by law; and talesmen, if any be needed, 
 may be summoned from either of said counties. 
 
 4. The chief of police, policemen, city marshal and his depu- 
 ties shall possess all the powers and enjoy all the rights of a 
 constable in either of the counties in which said city or any 
 part of it is situated, and shall be subject to the same liabilities; 
 he may serve and return summonses, attachments, executions, 
 warrants, commitments and all other writs issued by any jus- 
 tice of the peace in either of said counties, and his return 
 thereon shall be evidence of the service thereof. And any 
 process issued by any justice of the peace of either of said 
 counties, directed to the ^sheriff or any constable thereof, may 
 be served by said chief of police, policemen, city marshal or his 
 deputies; and any such process properly served and returned 
 by him shall be valid. 
 
 925 270. (Ch. 673, 1907.) 
 Cities, 2nd, 3rd. 4th class: sewer or drainage districts. 
 
 SECETION 925 270. The common council of any city of the 
 second, third or fourth class, whether existing under the general 
 charter law or special charter, may, 'by ordinance divide such 
 city into surface or storm water sewer or drainage districts. 
 
 925271. (Ch. 673, 1907.) 
 
 Drains: construction; plans; damages, benefits, expense. 
 SUCTION 925 271. Whenever the common council of any such 
 city shall deem it exped : ent or necessary for the public health 
 or- for other reasons to cause to be constructed surface or storm 
 water siewers or drains in any portion of such city and at the 
 expense of the property benefited they shall make an order 
 that the board of public works or if there be no such board, the 
 officer or officers designated to discharge its duties 1 , to prepare 
 and report plans and specifications for the improvement proposed 
 to be made and the entire costs of the contemplated improvement : 
 to view the premises affected by the proposed improvement and 
 determine the damages and benefits which will accrue to each 
 parcel of real estate thereby and the amount that should be as- 
 sessed to each parcel of real estate as benefits or damages ac- 
 cruing thereto by such contemplated work or improvement. 
 
US GUNKRAL CHARTER LAW OF WISCONSIN. 
 
 925 272. (Ch. 673, 1907.) 
 
 Report. SECTION 1)25 '21'2. Report. Said board shall 
 make and file in their office or if there be no Such hoard, the officer 
 or officers designated to discharge its duties, shall file in the 
 office of the city clerk a report, showing their or h's determina- 
 tion on the question required to be considered by them or him 
 under the provisions of the preceding section. 
 
 925 273. (Ch. 673, 1907.) 
 
 Assessment of damages: report; notices; hearing. SEC- 
 TION 925 273. Xc/tice of assessment of damages; final report. 
 Notice shall be given by the board of public works or the officer 
 or officers designated to discharge the duties of such board by 
 publication in the official newspaper of the city at least once in 
 each week for two successive weeks. That such report is open 
 for review at his or their office and will be so continued for the 
 spare of twenty days after the date o-f such notice; and that 
 on a day mimed therein, which shall not be more than three days 
 after the expiration of said Iwenty days, said board, officer or 
 officers designated as aforesaid will be in session to hear all ob- 
 jections thai may be made to such report. No irregularities in 
 the form .of such report nor of said notice shall affect its validity 
 if it fairly contains the information required to be conveyed 
 thereby.. At the time specified for hearing objections to said re- 
 port said boa i-d, officer or officers designated as aforesaid shall 
 hear all parlies interested who may appear for that purpose, 
 reduce to writing all objections that may be made and all evi- 
 dence that may be offered to sustain the same, and may review, 
 modify and correct said report >as they deem just; and thereupon 
 a, complete and final report shall bo made and filed by said board, 
 officer or officers designated as aforesaid with the city clerk to- 
 gether with all objections and evidence taken before them to 
 sustain the same and proof of publication of said notice; but 
 no irregularity in the form of said report or manner of con- 
 ducting the proceedings by said board, officer or officers desig- 
 nated as aforesaid shall affect the legality of said report. At 
 such hearing any member of the board, officer or officers desig- 
 nated as aforesaid may administer such oaths as may be neces- 
 sary in conducting iti 
 
 925 274. (Ch. 673, 1907.) 
 
 Hearing before council; notice. SECTION 925 274. Ac- 
 tion on report. The city clerk shall publish a notice in the 
 official paper at least twice, that said report is on file in his 
 
GENERAL CHARTER LAW OF WISCONSIN. 149 
 
 office and that the common council will, at a meeting to be held 
 at the time stated in tin- notice, consider the said report and . 
 hear all objections which may be made thereto and determine 
 what portion of the costs of the improvement, if any shall be 
 paid by the city at large. At least two weeks shall intervene 
 between the first publication of such notice and the said hear- 
 ing. The council, at .such meeting or at an adjourned meeting 
 or at the next subsequent regular meeting or any adjournment 
 thereof, may confirm, correct or modify such report or refer it 
 back to the said board, officer or officers designated as aforesaid 
 for further consideration. 
 
 925 275. (Oh. 673, 1907.) 
 
 Council's determination. SECTION 925 275. Assessment 
 benefits. Subject to the limitations hereinbefore mentioned the 
 council may determine the amount to be paid by. the real estate 
 as benefits on account of the proposed improvement and the 
 amount that shall be paid by the city at large if any. 
 
 925 276. (Ch. 673, 1907.) 
 
 Final determination: notice. SECTION 925 276. Notice 
 of final determination. When a final determination shall have 
 been reached by the council the city clerk shall publish notice 
 in the official paper of the city once in each week for two suc- 
 cessive weeks that a final determination has been made of the 
 benefits and damages, if any, to be assessed to the several pieces 
 of real estate affected by. the proposed improvement and that 
 the same is on file in his office and open to inspection. 
 
 925 277. (Ch. 673, 1907.) 
 
 Appeal; contracts not affected. SECTION 925 277. Rem- 
 edy of land owner. If the owner of any parcel of land affected 
 by said improvement feels himself aggrieved by reason of the 
 determination made by the council, he may, within twenty days 
 after the date of such determination, appeal therefrom to the 
 circuit court and such appeal shall be taken, tried and deter- 
 mined and bonds for costs shall be given and costs awarded in 
 like manner as in case of appeals from the disallowance of claims 
 under chapter 40a of the statutes; provided that in case any 
 contract shall have been made for making the improvements said 
 appeal shall not affect >aid contract but a certificate against the 
 l<,'t in question for the amount of benefit-; assessed to such .lot 
 sh.nl 1 be issued notwithstanding such appeal and in ease the ap- 
 pellant shall succeed tin* difference between Ihe amount charged 
 
150 GENERAL CHARTER LAW OP WISCONSIN. , 
 
 in the certificate so issued and the amount adjudged to be paid 
 as benefits accruing to the parcel of real estate described in such. 
 certificate shall be paid by the city at large or out of the proper 
 waul oi' stoi m water sewer district fund as the council may de- 
 termine. 
 
 925 278. (Ch. 673, 1907.) 
 No further appeal. SECTION 925 278. Remedy exclusive. 
 
 The appeal given by the last section from the report of the board 
 of public works, officer ( r ot'liceis designated as aforesaid as con- 
 firmed by the council shall be the only icinedy of the owner of 
 any paicel of land or of any person interested therein affected 
 by said in pi , Yemeni for the redress of any grievances he may 
 have by icayrn <f the making of such improvements or the 
 change of any established grade covered by said report. 
 
 925 279. (Ch. G7M. 11)07.) 
 
 Advertising for bids. SECTION 1)25 279. When any of 
 the works befeie mentioned shall be ordered to be done and 
 the p'ans for the same containing description of the work, the 
 materials t be used and such other matter as will give an intel- 
 ligent idea of the woi k icquiied, shall have been filed with the 
 city clerk where the tame can be inspected by persons desiring 
 to bid on such work the board of public works, officer or offi- 
 ce) s designated as aforesaid shall advertise in the official paper 
 of the c'ty for bids fY.r doing such work for such length of time 
 as it may think the interests of the city demands, not less than 
 once a. week for four successive weeks. 
 
 925 280. (Ch. 673, 1907.) 
 
 Contracts: form. SECTION 925 280. Form of contract. 
 T'hi board, officer or cfli/eis designated as a fore.- aid shall pre- 
 pare or cause to be pivpared a, printed form for the contract 
 with sureties required and furnish the same to all persons de- 
 siring to bid and shall not consider any bid unless accompanied 
 by a contract w'th sureties as prescribed by the form so fur- 
 nished completed with the exception of the signatures on the 
 part of the city. The notice published shall inform bidders 
 fii'ly of this requirement. 
 
 925 281. (Ch. 673, 1907.) 
 
 Curative provisions. SECTION 925 281. Curative provi- 
 sion in general; special cities. In every c!ty whether operating 
 under a general or special charter no special assessment or cer- 
 
GENERAL CHARTER LAW OF WISCONSIN. 151 
 
 tin* c ate thereof or tax sale certificate based thereon shall be held 
 to be invalid for the reason that any contract which has been 
 heretofore or may hereafter be let contains, on the part of the 
 contractor, a guaranty of any provisions to keep the work done 
 under such contract in good order or repair for a limited num- 
 ber of years when such guaranty or provision was inserted 
 therein for the purpose of insuring the proper performance of 
 such work in the first instance. All such provisions in contracts 
 for doing public work inserted for the purpose aforesaid are 
 hereby legalized and all such provisions shall be deemed prima 
 1'jicir to have been inserted for that purpose unless the time dur- 
 ing which the contractor is required to keep the work in good 
 order or repair shall exceed five years. 
 
 925 282. (Ch. 673, 1907.) 
 
 Bids; rejection. SECTION 925 282. Rejection of bids. 
 The board of public works, officer or officers designated as afore- 
 said shall have power to reject any and all bids if, in their 
 opinion, any combination has been entered into to prevent free 
 competition or if, in their judgment, the bid is excessive, subject 
 to the approval of the common council. 
 
 925 283. (Ch. 673, 1907.) 
 
 Contractor's pay: certificates, etc. SECTION 925 283. 
 Whenever any work has been done under contract as herein pro- 
 vided the same shall have been approved by the board of public 
 works, officer or officers designated as aforesaid, the contractor 
 shall be entitled to a certificate therefor as to each parcel of 
 land against which benefits shall have been assessed for the 
 amount chargeable thereto. Said certificate shall be in such 
 form as the board, officer or officers designated as aforesaid 
 may prescribe. The amount chargeable to the city shall be 
 paid as the contract for the work may provide. 
 
 925 284. (Ch. 673, 1907.) 
 
 Certificates: negotiability; assessment. SECTION 925 
 284. After the expiration of nine months from the date of 
 said certificate the same shall be conclusive evidence of the 
 legality of all proceedings up to and inclusive of the issue 
 thereof and it may be transferred by indorsement provided, 
 however, that this shall not affect ;m\ ;ippeal from the report 
 of the board of public works, officer or officers designated as 
 aforesaid as confirmed by the common council. If said certifi- 
 cates are not pjiid before the limiting out of the next tax roll 
 
152 GENERAL CHARTER LAW OF WISCONSIN, 
 
 the same may be filed with the city clerk and when so filed the 
 clerk's statement of special assessments to be placed in the next 
 tax roll shall include an amount sufficient to pay said certificates 
 with interest the mm at the legal rate from the date of such 
 certificate to the time when the city treasurer is required to 
 make return of delinquent taxes and thereafter the same pro- 
 ceeding's shall be had as in case of other taxes except that all 
 moneys collected by the city treasurer and all moneys , collected 
 by the county treasurer on account of such taxes and all the tax 
 certificates issued to the county on the sale of the property for 
 such tax, if the same is returned delinquent, shall be delivered 
 to the owner of the same on demand. 
 
 925 285. (Ch. 673, 1907.) 
 
 Payment for work. SECTION 925 285. Payment for work. 
 When a contract is let for doing any work specified herein and 
 such work is chargeable to the real estate to he benefited it may 
 provide that the amount so chargeable may be paid with certifi- 
 cates against the pan-els <T real estate so benefited or in special 
 improvement bonds or the proceeds of the sale of such bonds or 
 that payment may be in part made in certificates, part in cash 
 and part in special improvement bonds or the proceeds thereof. 
 
 925 286. (Ch. 673, 1907.) 
 
 Notice of contract and bonds; form. SECTION 925 280. 
 Notice concerning bond. As so. n as the amount chargeable to 
 the said real estate is finally determined the council may cause 
 a notice to be published in the official paper substantially as 
 follows : 
 
 CITY IMPROVEMENT NOTICE. 
 
 Notice is hereby given that a contract has been (or is about 
 to be) let for th;> laying of surface or storm water sewers or 
 
 drains in the storm water district or 
 
 storm water sewer districts and that the expense of said improve- 
 ment chargeable, to the 1 real estate in said district (s) to be 
 benefited has been determined as to each parcel of said real 
 estate and a statement of the same is on file with the city clerk 
 where a map of said district is also on file. It is proposed to 
 issue borch chargeable only to the real estate in said district (s) 
 benefited by said improvement to pay the special assessments 
 except in cases where the owner of the property shall file with 
 the city c ] erk within thirty days after the date hereof a writ- 
 ten noti v :!: ..t he or they elect to pay the special assessments or 
 
GENERAL CHARTER LAW OF WISCONSIN. 153 
 
 a part thereof on their property describing the same on presen- 
 
 1, -i lion of the certificates. 
 
 925 287. (Ch. 673, 1907.) 
 
 Bonds: issue, form, contents. SECTION 925 287. Issue 
 and execution of bonds. After the expiration of said thirty 
 <lays the council may issue special improvement bonds covering 
 all of the assessments except such as the owners have filed no- 
 ti<-e (if el; -x-tio'ii to pay as provided in the preceding section. Said 
 bonds shall be signed by the mayor and clerk, be sealed with 
 the corporate seal of the city and contain such recitals as may 
 be necessary to show that they are chargeable only to particular 
 property specifying the name and the number and amount of 
 said bonds and such ether provisions as the council shall think 
 proper to insert. Such bonds shall in no event be a general city 
 liability. 
 
 925 288. (Ch. 673, 1907.) 
 
 Bonds: interest, redemption, proceeds. SECTION 925 
 2SS. Said bonds may be annual or- semi-annual interest cou- 
 pons or registered bonds without interest coupons as the common 
 c-uncil may direct. The total issue in each case shall be pay- 
 able in annual installments for a period not exceeding ten years 
 from the date of issue and shall draw interest at a rate not ex- 
 ceeding six per cent, per annum, interest payable annually or 
 semi-a.nnually as the common council shall determine and shall 
 be sold at not less than par. The proceeds of the sale of such 
 bonds shall be credited by the city treasurer to a special fund 
 for said improvement and may be paid to the contractor for 
 such work when payment is due him and the council shall so 
 direct or the contractor may take such bonds as payment for 
 work done with the permission of the council. 
 
 925 289. . (Ch. 673, 1907.) 
 
 Methods of meeting expense. SECTION 925 289. The 
 city may levy for a term of not exceeding five years, a special 
 tax not exceeding one-fourth of one per cent, of the last equal- 
 ized assessment of said city, per annum, upon all the property 
 taxable in such city for the payment of the city's portion of 
 >aid improvement as determined by the common council and 
 may issue general city improvement bonds for -the payment of 
 the city's shaie of said improvement as herein provided and 
 payable out of the proceeds of said special tax; or may older 
 the same paid out of the general fund of the city or out of the 
 ward fund of such waul or wards as the council may detcrmin--. 
 
154 GENERAL CHARTER LAW OF WISCONSIN. 
 
 925 290. (Ch. 673, 1907.) 
 
 Assessments, bonds: recording. SECTION 925 290. The 
 city clerk shall carefully prepare a statement of the special as- 
 sessments on which the bonds arc issued and record Ihe same 
 together with a copy of said bonds in his office. 
 
 925 291. (Ch. 673, '1907.) 
 
 Bonds; payment; fund. SECTION 925 291. Payment of 
 bonds. The city treasurer shall, out of the special fund hereby 
 created lor that pin pose, pay the interest on and the principal 
 of said bonds as the same become due and charge the same to 
 said fund. 
 
 925 292. (Ch. 673, 1907.) 
 
 Assessments: collection; redemption. SECTION 925 292. 
 Collection of assessment; redemption. In each year after the 
 issuing of said bonds until all of them are paid and the tax 
 roll for the year is prepared sufficient of the special assessment 
 on ea.ch parcel of land covered |)y said bonds to pay the annual 
 installment of the principal and interest on the amount of said 
 special assessment then unpaid shall be evidenced on the tax 
 roll as a special tax on said property and thereafter .this tax 
 shall be treated in all respects as any ether city tax and when 
 collected the same shall be a special fund for the payment of 
 such 'bonds or interest and shall be used for no other purpose. 
 Any bondholder c/r bondholders may redeem from any tax 
 sale as fully as if owners < f the land under section 1165, of 
 the statutes. 
 
 925 293. (Ch. 673, 1907.) 
 
 Special tax: action to avoid or restrain; statute of lim- 
 itations. SECTION 925 293. Every action or proceeding to 
 avoid any of the special assessment or taxes levied pursuant 
 to the same or to lestrain the levy of such taxes or the sale of 
 lands for the non-payment of such taxes shall be brought within 
 nine months from the end of the period of thirty days limited 
 by the city improvement notice provided for *by section 925 
 286 and not thereafter. The limitation shall cure all defects 
 in the proceedings and defects of power on the part of the offi- 
 cer making the assessment except in eases where the lands are 
 not liable to the assessment or the city has no power to make 
 any such assessment or the a. mount of the assessment has been 
 paid or a redemption made. 
 
GENERAL CHARTER LAW OP WISCONSIN. 155 
 
 925 294. (Ch. 673, 1907.) 
 
 Bonds: foreclosure; preferred lien; redemption; joinder 
 of parties; costs; lis pendens. SECTION 925 294. Fore- 
 closure of bi.-ndsj procedure; lis pendens. The special improve- 
 ment l)oii(l herein mentioned shall be alien against all lots, parts 
 of lots or parcels of land against which special assessments have 
 been made, which lien shall take precedence of all other claims 
 or liens thereon, and when issued shall transfer to the holder 
 thereof all the right, title and interest of such city in and to the 
 assessment made on account of the improvement mentioned 
 therein and the liens thereby created, with full power to en- 
 force the collection thereof by foreclosure in the manner mort- 
 gages on real estate are foreclosed; but the time of redemption 
 therefrom shall be fixed -by the court, and a copy of the bond 
 foreclosed may 'be filed as a part of the judgment roll in said 
 action in lieu of the original thereof. If within ninety days 
 after the commencement of the annual sale of lands for taxes 
 the amount to pay any installment of principal or interest shall 
 not have been collected by the city,* the owner or owners of at 
 least one-third in par value of the bonds issued on any single im- 
 provement may proceed in his or their own names to collect the 
 same by foreclosure thereof, and shall recover, in addition to the 
 amount of said bonds and interest, all costs against the property 
 of the party or parties in default, provided, however, that the 
 owner of any property covered by such bonds, or the holder of 
 a lien thereon or other person interested in the property may 
 redeem the same at any time before judgment by paying to 
 the county clerk the amount due against such property, together 
 with ten per cent, additional thereon, which shall be in full 
 for all costs chargeable to such property in such action. Any 
 number of the holders of such bonds for any single improve- 
 ment may join as plaintiffs in any such action and any num- 
 ber of the owners of or other persons interested in the property 
 covered by the assessment upon which such bonds are issued 
 and on which they are a lien may be joined as defendants . in 
 any such action; and in case more than one action of fore- 
 closure shall be commenced upon the bonds issued on account of 
 a single improvement such actions may be consolidated. Any 
 holders of bonds for the same improvement who do not join as 
 plaintiffs may be made defendants and their rights adjudicated 
 in the action. Such bonds shall be equal liens upon the prop- 
 erty for the assessments represented by them without priority 
 one over another, to the extent of the several assessments against 
 Hie lols and parcels uf land against which the special assess- 
 
156 GENERAL CHARTER LAW OF WISCONSIN. 
 
 
 
 merits shall have been made. Upon the commencement of any 
 such action the plaintiff shall cause a notice thereof to be filed 
 in the office of the county clerk and county treasurer, desig- 
 nating the ^particular property affected by such foreclosure; 
 and thereafter no redemption of any such property from sucR 
 assessments shall be had without payment of all costs theretofore 
 accrued in such action except as hereinbefore provided. 
 
TABLE OF REFERENCE. 157 
 
 TABLE OF REFERENCE 
 
 Miscellaneous Provisions Relating to Cities Under Both General and 
 
 Special Charters. 
 
 Alderman, number elected in 3rd and 4th class, Sec. 926-107 (Ch. 
 
 92, '05) 
 
 Annexation of territory, 928 
 
 Assessments against corporate property, foreclosure, lien, 959-38 
 Bill Posters, licensing, 959-80 (Ch. 206, '01) 
 Bonds, heretofore issued, curative acts 926-106 (379, '03); 943g (443, 
 
 '07); 943m (Ch. 60, '09) 
 
 Board of Education, securing evening lectures, 926-103, (Ch. 336, '01) 
 Breakwaters, Sec. 959-71 to 959-78 (Ch. 293, ''05, Ch. 59, '07) 
 Building lines, establishment, Sec. 959-35m (Ch. 619, '07) 
 Building Material, deposit on streets, Sec. 926-102 (Ch. 273, 01) 
 Cemetery Trusts, Sec. 959-82 to 959-84 (Ch. 179, '05) 
 City Attorney, assistance, Sec. 926-160 (Ch. 135, '07) 
 City Commission Plan, adoption, etc., Sec. 959-17a to 959-17J (Ch. 
 
 162, '09) 
 
 City Lighting Commission, Sec. 926-lOlj to 926-lOln (Ch. 467, '07) 
 Change of name, Sec. 959-36, 959-37 
 
 Claims disallowed, notice, service, appeal, 926-100 (Ch. 68, '01) 
 Condemnation of riparian rights, Sec. 959-39 
 Condemnation of lands beyond city limits, Sec. 959-61 to 959-68 
 Condemnation, title acquired, 959-89 (Ch. 240, '05) 
 Contagious Diseases, destruction, appropriation, Sec. 940a 
 Department Stores, licensing, Sec. 959-60 
 Employment Agencies, free, Sec. 926-161 to 926-171 (Ch. 434, '03; Ch. 
 
 373, '07) 
 
 Exhibitions, licensing, Sec. 930 
 
 Firemen's Pension Fund, Sec. 959-46e to 959-46n, Ch. 214, '07 
 Franchises, granting of 
 
 acceptance, 940h 
 
 application,, publication, 940b, Ch. 519, '09 
 
 bids for extension, Sec. 040f 
 
158 TABLE OF REFERENCE. 
 
 Franchises, granting of continued 
 
 certified check, bond, Sec. 940g 
 
 curative act, Sec. 943t (Ch. 145, '07) 
 
 ordinance, submission to vote, etc., Sec. 926-139 to 926-143 
 (Ch. 387, '03) 
 
 referendum, Sec. 940j 
 
 specifications, Sec. 940d 
 
 terms of, Sec. 94i 
 
 submitted to vote, Sec. 926-139 to 926-143 (Ch. 387, '03) 
 Gambling, Sec. 959-70 (Ch. 270, '05) 
 
 Harbor Improvements, Sec. 926-108 to 926-113 (Ch. 97, '05) 
 Health Reports, duties of phys., etc., Sec. 926-148 to 926-15G (Ch. 
 
 93, '07) 
 Inspection of Illuminating Oils, local, Sec. 959-95 to 959-101 (Ch. 
 
 459, '05) 
 Inspection of Steam, Gasoline and Electric Machinery, Sec. 959-92 to 
 
 959-94 (Ch. 280, '05) 
 Libraries 
 
 annual report, Sec. 935 (Ch. 68, '09) 
 
 annual tax in rase of gift, Sec. 931a (Ch. 310, '01) 
 
 directors, appointment, term, etc., Sec. 932 (Ch. 98, '01) 
 
 directors, organization, duties, Sec. 933 (Ch. 307, '07) 
 
 donations, Sec. 936 
 
 establishment, maintenance, tax, Sec. 931 (Ch. 43, '05) 
 
 free use of books, etc.. Sec. 934 (Ch. 265, '01) 
 
 gifts, bequests, transfer of, Sec. 936a (Ch. 98, '05) 
 
 reports, (Ch. 98, '05) 
 
 sites, condemnation, Sec. 931b (Ch. 404, '03) 
 Lectures, Sec. 926-103 (Ch. 336, '01) 
 
 Lighting; furnishing; without limits, Sec. 926-101 (Ch. 327, '07) 
 Lighting Commission, Sec. 926-lOlj to 926-lOln (Ch. 467, '07) 
 Memorial Day appropriation, Sec. 959-81 (Ch. 458, '07) 
 Mobs, liability for injuries, etc., Sec. 938 to 940 
 Municipal Loans 
 
 bonds, issuing, vote on, Sec. 943 (Ch. 208, '07; 413, '09) 
 
 bonds for railroad aid, Sec. 942 (Ch. 309, '99) 
 
 bonuses, Sec. 940k 
 
 county bonds for telephones, Sec. 942a (Ch. 309, '99) 
 
 debts, lacking constitutional levy, Sec. 942c (Ch. 413, '09) 
 
 form and execution, Sec. 956 
 
 liability of territory, detachment, adjustment, Sec. 944 
 
 sinking funds, Sec. 958, 959 
 
 subscription for railroad stock, Sec. 945, 955 
 
 temporary purposes, orders, Sec. 941 
 
 vote on bond issue, Sec. 957 
 Municipal Debts 
 
 cancellation books, court certificates, bonds, Sec. 959-7 
 
 division of territory, transcripts, Sec. 959-8 
 
 exchange of bonds; extension of payment, Sec. 959-3 
 
TAliU'] OK REFERENCE. 159 
 
 Municipal Debts continued 
 
 in what paid, Sec. 959-6 
 
 moneys, how applied, Sec. 959 "> 
 
 new bonds; sale of, when payable, Sec. 959-4 
 
 refunding of bonds, Sec. 959-2 
 
 Municipal Ownership, Utilities, Sec. 927-11 to 927-19 (Ch. 665, '07) 
 Navigation; obstruction, removal, liability, Sees. 959 90, 959-91 (Ch: 
 
 279, '05) 
 
 Official Bonds, payment of premiums, Sec. 929-2 
 Official liability for neglect, Sec. 959-1 
 Officers, terms, Sec. 926-147 (Ch. 233, '05) 
 
 Officers, eligibility, Sec. 97Gm (Ch. 437, '09); Sec. 976s (Ch. 69, '09) 
 Orders, demand of payment, proof, judgment, Sec. 929-1 
 Palmists and Fortune Tellers, Sec. 959-111 (Ch. 456, *09) 
 Park and Boulevards 
 
 acceptance, conditions, Sec. 959 lo 
 
 claims, allowances, Sec. 959-15 
 
 funds, disposition claims, liability, Sec. 959-16 
 
 park commissioners, appointment, duties, Sees. 959-11, 959-12 
 
 parks, etc., free, Sec. 959-13 
 
 power of board, Sec. 959-14 
 
 purchase of lands, Sec. 959-17 
 Plumbers' Licenses 
 
 application, Sec. 959-54 
 
 cities 4th class, may adopt, Sec. 959-59m (Ch. 491, '09) 
 
 examiners, sec. 959-55; duties, Sec. 959-56 
 
 inspectors of plumbing, Sec. 959-57 
 
 license, where required, Sec. 959-53 
 
 rules, for materials, Sec. 959-58 
 
 violations, penalty, Sec. 959-59 
 Police and Fire Commission 
 
 appointment, Sec. 959-40 (Ch. 181, '09) 
 
 approval of appointment, Sec. 959-41 (Ch. 61, '07) 
 
 chief, suspension, hearing, Sec. 959-45 (Ch. 61, '07) 
 
 cities, 4th class, Sec. 959-41 1 to 959-41n (Ch. 187, '09) 
 
 examinations, Sec. 959-44 (Ch. 178, '99) 
 
 good behavior, suspension, removal, Sec. 959-45 (Ch. 61, '07) 
 
 rules, Sec. 959-42; 959-43 
 
 salaries, fees, reports, pensions (Ch. 178, '99) 
 
 vacancies; promotion, Sec. 959-46 
 
 Police Regulations; fights, etc., Sec. 926-134 (Ch. 138, '03) 
 Public Improvements, powers, Sec. 926-157 to 926-159 (Ch. 364, '05) 
 Questions submitted to vote, special election, Sec. 926-31 (Ch. 531, '07) 
 Railroads, subscriptions of stock, Sec. 946 (Ch. 299, '09); Sec. 955 (Ch. 
 
 46, '09) 
 Refunding bonds, for Special Assessments , 
 
 applicable to what cities, Sec. 959-18 
 
 bonds, a lien, foreclosure, Sec. 959-27 
 
 bonds, received for taxes, 'Sec. 959-28 
 
160 TABLE OF REFERENCE. 
 
 Refunding bonds, for Special Assessments continued 
 
 city charters, effect on, Sec. 959-29 , 
 
 -exchanged, sold, placed in sinking fund, sec. 959-24 
 
 extension of special assessments, Sec. 959-22 
 
 form, interest, loan to pay, Sec. 959-20 
 
 holder of lien, may pay tax, Sec. 959-25 
 
 how issued, Sec. 959-18, 959-19 
 
 limitation on lien, holder, Sec. 959-26 
 
 new improvements, Sec. 959-21 
 
 tax roll, tax for interest and prin., Sec. 959-23 
 Reorganization as Village, Sec. 927-m (Ch. 421, '07) 
 Rubbish, removal, tax, Sec. 927p (Ch. 187, '07) 
 
 School Superintendents; duties, Sec. 926-115, 926-116 (Ch. 86, '09) 
 School Superintendents; conventions; attendance, Sec. 926-117m (Ch. 
 
 253, '09) 
 School Superintendents; not eligible to membership school board, 
 
 Sec. 926-117 (Ch. 388, '05) 
 
 School Boards; organization, Sec. 926-117 (Ch. 388, '05) 
 School Tax, limitation, Sec. 926-104 (Ch. 387, '01) 
 School Tax; special, limit, Sec. 926-145 (Ch. 67, '07) 
 Sidewalks; repair, notice to abutting owners, Sec. 926-114 (Ch. 277, 
 
 '05) 
 Street Improvements 
 
 application for extension, irregularities, roll, Sec. 959-31 
 
 assessments, extension of, Sec. 959-30 (Ch. 363, '03) 
 
 bonds issued, form, foreclosure, evidence, Sec. 955-33 
 
 building lines, Sec. 959-35m (Ch. 619, '07) 
 
 concrete pavements, material, construction, Sec. 959-30^, to 959- 
 30j (Ch. 539, '09) 
 
 contractors' guaranty of repairs, Sec. 926-15 (Ch. 88, '03) 
 
 contractor to take bonds, Sec. 959-32 
 
 property, fronting, not exempt, Sec. 959-35 (Ch. 329, '09) 
 
 tax roll, Sec. 959-34 
 Street Railways, parallel lines, joint use, Sec. 940J-41 to 940J-44 
 
 (Ch. 536, '07) 
 Street Railways, tracks on bridges and viaducts, how laid, Sec. 959- 
 
 30Z to 959-30n (Ch. 517, '07) 
 Street Sprinkling, Sec. 959m-l to 959m 3 (Ch. 253, '07) ; Sec. 959p (Ch. 
 
 387, '09) 
 
 Taxation for Special Assessments, Sec. 926-135 to 926-138 (Ch. 71, '01) 
 Trade schools, establishments, Sec. 926-22 to 926-30 (Ch. 122, '07); 
 
 (Ch. 155 and 401, '09) 
 Vacation of grounds for public purposes, Sec. 926-125k to 926-125q 
 
 (Ch. 569, '07) 
 Voting booths, cities 4th class, location, Sec. 926-132, 926-133 (Ch. 61, 
 
 '01) 
 Water Power; cities 4th class, may acquire, Sec. 926-126 (Ch. 204, '07) 
 
 by referendum enly, Sec, 926-127 (Ch; 485, '09) 
 
TABLE OF REFERENCE 161 
 
 Water and Lighting Plants 
 
 cities 3rd and 4th class, may purchase or build, Sec. 926-128 to 
 926-131 (Ch. 143, '01) 
 
 contract for increase of supply, Sec. 959-50 
 
 franchises; contracts; taxation, Sec. 959-49 
 
 franchise, how granted, Sec. 959-52 
 
 purchase of plant; bonds, election, Sec. 959-51 
 Water and Light Franchises 
 
 condemnation; purchase; lease, Sec. 927-1 
 
 judgments; collection; tax, Sec. 929 
 
 pipes, laying of, Sec. 927-3 
 
 water rent, retention for taxes, Sec. 927-2 
 
 water and light rent, collection, tax, Sec. 927-4 (Ch. 174, '01) 
 Water Supply, to adjoining municipality; contracts, Sec. 959-47 
 11 
 
INDEX. 
 
 CHAPTER I. 
 
 CLASSES OF CITIES. 
 
 Apportionment of joint debts, with towns, 925 la, p. 3. 
 Four classes, 925 1, p. 3. 
 
 CHAPTER II. 
 ADOPTION OF GENERAL CHARTER LAW BY EXISTING CITIES. 
 
 Action to determine validity of proceedings, 926a, p. 6. 
 
 Application of act, 925 2, p. 4. 
 
 Census, 9254, p. 6. 
 
 Certification of results of election, 925 30. 
 
 Change from special to general charter, 925 3m, p. 5. 
 
 Common council, duties, 925 3m, p. 5. 
 
 Effect of adoption, 925 8, p. 4, 
 
 Effect on existing officers, 925 6, p. 7. 
 
 Election; notices; publication; ballot, 925 3n, p. 5. 
 
 Ordinance; publication: final action; census, 925 4, p. 6. 
 
 Patent, when to issue, 925 3o, p. 5. 
 
 Patent, issuing by governor, 925 5, p. 7. 
 
 Petition for change of charter, 925 3m, p. 5. 
 
 Resolution submitting question to vote, 925 3m, p. 5. 
 
 CHAPTER III. 
 INCORPORATION OF CITIES NOT HERETOFORE INCORPORATED. 
 
 Census, 9259, p. 8. 
 
 Certification to secretary of state, 925 12, p. 9. 
 
 Election; notice; publication, 925 10, p. 8. 
 
 Election, how conducted, 925 11, p. 8. 
 
 Election returns, 925 12, p. 9. 
 
 Election of city officers, 925 16, p. 13. 
 
 Patent, issuing, 925 12, p. 9. 
 
 Patent, recording, powers; evidence, 925 13, p. 9. 
 
 Petition by electors of village, 9258, p. 8. 
 
 Population required, 925 7, p. 7. 
 
 Question, how submitted to vote, 925 9, p. 8. 
 
 Resolution submitting quest ion to vote, contents, 925- 9, p. 8. 
 
 Village officers to hold until city officers elected, 925 15, p. 12. 
 
 Ward boundaries, how changed, 925 14, p. 9, 11. 
 
 11 
 
162 INDEX. 
 
 CHAPTER IV. 
 
 ANNEXATION AND DETACHMENT OF TERRITORY. 
 Annexation: 
 
 Cities that may, 02517, p. II. 
 
 Debts and property, adjustment, 925 20, p. 14. 
 
 Ordinance, 92519, p. 14. 
 
 Ordinance: collateral attack, limitation, 925 21. p. 15. 
 
 Petition: signers: rejection, 92518, p. 14. 
 Vote required, 92520, p. 14. 
 
 Detachment: 
 
 Debts and property, adjustment, 925 21a, p. 15. 
 Ordinance, 925 21a, p. 15. 
 Petition, 925 21 a, p. 15. 
 Vote, 925 2 la, p. 15. 
 
 City boundaries: surveys, etc., 925 21b, p. 16. 
 
 CHAPTER V. 
 OFFICERS; ELECTION; AITOINTMKNT. 
 
 Aldermen, cities 1st class, 925 22a p. 17. 
 
 Aldermen, other cities, 925 23a, p. 18. 
 
 Annual election, 92524, p. 18. 
 
 Certificate of election or appointment, 925 29a, p. 21. 
 
 Cities, first class, 92522, p. Hi. 
 
 Cities of other classes, 925 28, p. 17. 
 
 Election, when held, 925 22a, p. 17. 
 
 Elections, how held, 92529, p. 21. 
 
 Officers; cities 1st class, 925 22, p. 16. 
 
 Officers; other cities, 92523, p. 17. 
 
 Officers: how chosen, 915 25, p. IS. 
 
 Officers; terms, 92526, p. 19; 925 26a, p. 20. 
 
 Officers; eligibility, 92527, p. 20. 
 
 Officers; commencement of terms, 925 28, p. 21. 
 
 Officers; terms, duties, 925 33, p. 28. 
 
 Officers; oath of office, 92534, p. 28. 
 
 Officers; bond, 92535, p. 23. 
 
 Officers: removal, 92536, p. 28. 
 
 Salaries, 92530, p. 21. 
 
 Special elections, 925 32, p. 22. 
 
 Vacancies, how filled, 925 31, 925 31b, p. 22. 
 
 CHAPTER VI. 
 OFFICERS; POWERS AND DUTIES. 
 
 Appointments, 925 38b, p. 25. 
 
 Clerk, appointment, etc., 925 41, p. 27. 
 
 City attorney, 92542, p. 28. 
 
 Comptroller, cities 1st class, 925 44, p. 29. 
 
 Comptroller, other cities, 92545, p. 29. 
 
 Mayor, cities 1st class, 92537, p. 24. 
 
 Mayor, other cities, 92538, p. 24. 
 
INDEX. 
 
 163 
 
 N<>\vspap<>r publications, cities 4th class, 1)2540. p. 31. 
 
 Officers, duties. 1)2548, p. 33. 
 
 President of council, 925 38a, p. 25. 
 
 Proceedings: publication, 025 4Ga, p. 31. 
 
 Proof of publications, 925 47, p. 33. 
 
 School board proceedings; printing, publication, 925 40m, p. 33. 
 
 Treasurer, 02543. p. 2S. 
 
 Vacancies, cities 1st class, 02530, p. 20. 
 
 Vacancies, other cities, 925 40, p. 20. 
 
 Vacancies, mayor and aldermen, 025 K3m. p. 20. 
 
 CHAPTER VII. 
 COMMON COUNCIL: POWERS. 
 
 Corporate authority, 025 54. p. 51. 
 
 Mayor's vote, 92549, p. 33. 
 
 Meetings, 925 50, p. 34. 
 
 Membership, 92540, p. 33. 
 
 Officers' accounts, 025 53, p. 51. 
 
 Ordinances, style, 92549, p. 33, 025 49a, p. 34. 
 
 Police pension's, cities 2nd, 3rd class, 1)25 52h, 025 52v, p. 45-51. 
 
 Powers, 925, p. 35. 
 
 Rules; quorum, proceedings, etc. ,92551, p. 31. 
 
 CHAPTER VIII. 
 ACTIONS, APPEALS, BONDS, SURETIES. 
 
 Actions, how brought, 025 55, p. 52. 
 Appeals in penal cases, 925 57, p. 52. 
 Appeals on claims; costs, 925 GO, p. 53. 
 Claims; tort cases, 925 58, p. 52. 
 Claims: action of council final, 925 59, p. 53. 
 Judgments; costs: imprisonment, 925--50, p. 52. 
 
 CHAPTER IX. 
 
 POLICE COURT. 
 
 Clerk: duties: salary, 92502, p. 54. 
 
 Complaint, warrant, execution, 925 09. p. 50. 
 
 Costs, 92571, p. 59, 
 
 Docket, 92508, p. 50. 
 
 Juries: selection, 925 70, p. 58. 
 
 Jurisdiction, 92561, p. 54; 92505, p. 55. 
 
 Justice of the peace, jurisdiction, 9250(5, p. 55. 
 
 Officers; fees, 025 62a, p. 54. 
 
 Officers, in cities 1st class, 025 03. p. 55. 
 
 Police justice, 025 01, p. 54. 
 
 Police justice, fees, salary, 025 02, p. 54, 
 
 Punishment, 02567, p. 50. 
 
 Title of court: sessions, 02504, p. 55. 
 
164 INDEX. 
 
 CHAPTER X. 
 FIRE DEPARTMENT. 
 
 Apparatus; engine house; signals, etc., 925 75, p. 60. 
 
 Fire account, 925 76, p. CO. * 
 
 Fire limits, 92573, p. 59. 
 
 Organization and support, 925 72, p. 69. 
 
 Paid department. 92574, p. 60. 
 
 Relief fund, 92577, p. (50. 
 
 CHAPTER XI. 
 HOARD OK PIHLIC WOKKS. 
 
 Bidders; incompetent, 92591, p. (Hi. 
 
 City engineer, 92580, p. 61. 
 
 City engineer, records, reports, 925 81, p. (51. 
 
 Compensation, 92582, p. 62. 
 
 Contracts, how executed, 92593, p. 6(i. 
 
 ontracts, how let, 92590, p. 63. 
 
 Oontracts for improvements, 1st class, 925 90b, 925 90c, p. (54. 
 
 Contractor, duties, liabilities, 925 92, p. (Hi. 
 
 Contractor, estimates, deposit, 925 94, p. (57. 
 
 Duties, 92586, p. (53. 
 
 Guaranty deposits with bids, 925 90a, p. (54. 
 
 Oath, bond, 92583. p. 62. 
 
 Officers, 92579, p. 61. 
 
 Organization: terms, 925 78, p. (51. 
 
 Quorum; record; report, 925 85, p. 62. 
 
 Rules, 92584, p. 62. 
 
 School buildings, care, 925 87, p. 63. 
 
 Streets, use of, 92588, p. 63. , 
 
 Streets, repairs. 925 89, p. 63. 
 
 CHAPTKR XII. 
 WATERWORKS AND LIGHTING. 
 
 Assessment against owners, 925100, 925101, 925103, pp. 70, 71. 
 
 Assessments, report of notice, 925104, 925 105, pp. 71. 72. 
 
 City ownership, rates, collection, indebtedness, 925 98, p. (58. 
 
 Commissioners, election, 925 95a. p. (57. 
 
 Contract, how let, 925 99a, p. 69. 
 
 Council powers, 9259(5. p. (57. 
 
 Land may be acquired, 92597, p. (58. 
 
 Operation, 92595, p. (57. 
 
 Pipes, laying, assessment, 925 100. p. 70. 
 
 Rent, non-payment, penalty, lien, 925 99. p. (58. 
 
 Water mains, expenses, 925 10(5. p. 72. 
 
 Work, how paid for. 925 !)9b. p. (59. 
 
 CHAPTER XIII 
 HEALTH COMMISSIONERS. 
 
 Abatement of nuisances. 925 Ilia, p. '7-1. 
 
 Appointment, 925 107, p. 73. 
 
 Duties, 925108, p. 73, 925112, p. 7.1. 
 
 Duty of police and other officers, 925 112a, p. 75. 
 
 Physicians to report, 925 lllb. p. 74. 
 
 Recommendations, 924 110, p. 73. 
 
 Rules, 925109, p. 73. 
 
 .Salary, assistants. 925 111. p. 73. 
 
INDEX. 
 
 165 
 
 CHAPTER XIV. 
 
 SCHOOLS. 
 
 Annual meeting, 925 114, p. 71). 
 
 Board membership, 925 113n, p. 7S. 
 
 Board, authority of. 925116, p. 80. 
 
 Buildings, 925118, p. 81. 
 
 Buildings, 3d and 4th class, etc., 925 118a, p. 81. 
 
 Change of boundaries and systems. 925 1 IB, p. 75. 
 
 Change of system, 4th class, 925 113a, p. 77. 
 
 Expenses, estimates of, 925 119, p. 84. 
 
 Monthly and special meetings. 925 117, p. 81. 
 
 Secretary, election, 925 115, p. 79. 
 
 Special election, adopting, 925 113n, 925 113m, p. 78. 
 
 Superintendent, election, 925115, p. 79. 
 
 Tax, property, levy, collection, 925 119m, p. So. 
 
 CHAPTER XV. 
 FINANCE AND EXPENDITURES. 
 
 Bonds, issuing, 925133, p. 89. 
 
 Borrowing money, 925 12(5, p. X7. 
 
 City orders, 925 124, p. 87. 
 
 Claims, 1st class, 925 121a, p. 86. 
 
 Claims, verification, 925134, p. 91. 
 
 Debts, how contracted, 925123, p. 86. 
 
 Deposits, how drawn, 925129, p. 88. 
 
 Employes, payment of, 925 135, p. 92. 
 
 Fiscal year, 925120, p. 86. 
 
 Funds, how drawn upon, 925 121, p. 86. 
 
 Funds, deposit of, 925^-1^7, p. 87. 
 
 Funds, special, 925122, p. 86. 
 
 Interest, 925128, p. 88. 
 
 License moneys, bonds, 925 132, p. 88. 
 
 Loans, temporary, 925 130, p. 88 
 
 Loans, how authorized, purposes, 925 131, p. ss. 
 
 Treasurer's statement, 925 125, p. 87. 
 
 CHAPTER XVI. 
 ASSESSMENT AND COLLECTION OF TAX MS 
 
 Assessment rolls, return examination, 925 138. p. 93. 
 
 Assessment rolls, delivery of, 925 141, p. 93. 
 
 Assessments, how carried out, 925146. p. 9(5. 
 
 Assessor's duties, 925137, p. 92. 
 
 Board of review, members, salaries, 925 179. p. 93. 
 
 Board of review, meetings, 925 140, p. 93. 
 
 Bond of chief of police, 92514!). p. 97. 
 
 City lew. limitation, 925 142a. p. 94. 
 
 Collection of taxes. 925-148, p. 9(5. 
 
 Expenses, estimates of. 925-142. p. 9)>. 
 
 Property taxed. 925-136. p. 92. 
 
 Provisions directing only. 925 153. p. 98. v 
 
 Taxes, cancellation of. 925145. p. 96. 
 
 Taxes, apportionment of, 925 151, p. 97. 
 
 Tax roll and warrant. 925143. j>. 94. 
 
 Tax roll and warrant prima facie evidence. 925 144. p. 95. 
 
 Tax roll and warrant return of. 925 150, p. 97. 
 
 Treasurer's notice. 925147, p. 96. 
 
 Treasurer's fees, 925 152, p. 97. 
 
166 INDEX. 
 
 CHAPTER XVII. 
 EMINKNT DOMAIN. 
 
 Appeals from assessments, 925 171, p. IOC. 
 
 Assessment, method of making. 925 107, p. 105. 
 
 City attorney, duty. 925150, p. 100. 
 
 Damages, assessment of, 925 16(3, p. 104. 
 
 Damages, how paid, 925 Ki9, p. 100. 
 
 For what purposes exercised, 925 154, p. 98. 
 
 Lienor, rights of, 925162, p. 103. 
 
 Park commissioners: jurisdiction, 925 171a, p. 1 
 
 Petition for opening streets, 925 155, p. 9S. 
 
 Petition as to alleys, 925157, p. 99. 
 
 Powers of cities, 925170. p. 10(5. 
 
 Proceedings 92515(5. p. 99. 
 
 Proceedings, without petit ion. 925 158, p. 100. 
 
 Proceedings, costs of, 925160, p. 102. 
 
 Proceedings, abandonment of, 925101, p. '102. 
 
 Proceedings, new, 925104, p. 104. 
 
 Streets, vacation of, 925105. p. 104. 
 
 Taxes, special, entry, 925 10X, p. 100. 
 
 Title to fee. 925103, D. 104. 
 
 CHAPTKR XVIII. 
 
 ClTY I M I'ROV KM KXTS. 
 
 Actions, limitation of, 925 197. p. 116. 
 
 Assessment of benefits, 925 182, p. 111. 
 
 Assessments, record of, 925 194. p. 110. 
 
 Assessments, collection of, redemption. 925 190, p. 110. 
 
 Bids: advertisement, contract. 925 ISO. p. 112. 
 
 Bids, rejection, 925187, p. 113. 
 
 Bonds: issue and execution. 925192, p. 115. 
 
 Bonds; notice, 925191, p. 114. 
 
 Bonds; terms, sale, 925 193. p. 115. 
 
 Bonds; payment of, 925195, p. 110. 
 
 Bonds: foreclosure, 925 197a, p. 117. 
 
 Certificate to contractor, 925 18S, p. 113. 
 
 Contractor's certificate, 925 189, p. 114. 
 
 Crosswalks, expense of, 925 177, p. 109. 
 
 Damages, change of grade. 925-478, 925179, pp. 109, 110. 
 
 Land owner's remedy, 925 184, p. 111. 
 
 Notice of final determination. 925 183. p. 111. 
 
 Parks, care of, 925199, p. 118. 
 
 Park's, power of council, 925 200, p. 118. 
 
 Remedy, exclusive, 925185, p. 112. 
 
 Sidewa'lks, 925 176a, p. 109. 
 
 Streets and sidewalks, 925174, p. 107. 
 
 St reets, grade, damages, 925 172, p. 107. 
 
 Streets, grade, record, 925 173, p. 107. 
 
 Streets, opening, paving, grading, 925 175. p. 108. 
 
 Streets, for park purposes, 925 175a, p. 108. 
 
 Streets, improvement, petition. 925 17(5. p. 108. 
 
 Streets, alterations, report, notices, 925 180, 925 181, pp. 110, 111. 
 
 Work, payment for. 925190, p. 114. 
 
INDEX. 167 
 
 CHAPTER XIX. 
 SIDEWALKS . 
 
 Construction 1)25202, p. 118. 
 
 Contract expense, 925203, p. lls. 
 
 Default- of lot owner, 925205, p. 119. 
 
 Grade, 925201, p. 118. 
 
 Laid by city, 925205, p. 119. 
 
 Laying, replacing; notice, 925204, p. 119. 
 
 Maintained by city, when, 925 205a, p. 121. 
 
 Rules, 925207, p. 121. 
 
 Snow and ice. 925207, p. 121. 
 
 CHAPTER XX. 
 SEWERS. 
 
 Apportionment of benefits, etc., 925 217, p. 125. 
 
 Assessments, notice, 925216, p. 124, 925 239c, p. 135. 
 
 Bids, 925214, p. 123. 
 
 Bonds, for improvement, 925 234, p. 131. 
 
 Bonds, issue, 925235, p. 131. 
 
 Bonds, how sold, 925236, p. 132. 
 
 Bonds, payment, 925237, p. 132 
 
 Bonds, assessment, collection, 925 238, p. 132. 
 
 Construction by city, 925214, p. 123. 
 
 Contractor, payment, 925215, p. 124, 925220, p. 126. 
 
 Cost, how paid, 925218, p. 125. 
 
 Curative provisions, 925 239o, p. 134. 
 
 Diagrams, filing, 925212, p. 123. 
 
 Diagrams and plans, 925209, p. 122. 
 
 Diagrams, effect of, 925231, p. 130. 
 
 Diagrams, new, effect, 925 233, p. 130. 
 
 Districts, 925208, p. 122. 
 
 Districts, separate, 925 239d, p. 135. 
 
 Drains, private, 925224. p. 128. 
 
 Drains, form, construction, 925225, p. 128, 925226, p. 129. 
 
 Drains, contractor may enter lot, 925 227, p. 129. 
 
 Drains, connection, 925228, p. 129, 925229, p. 129. 
 
 Hearing report, 925 211, p. 123. 
 
 Lateral sewers, 925223, p. 127. 
 
 Laying, where, 925230, p. 130. 
 
 Notice of plans, 925210, p. 122. 
 
 Plans, specifications, etc., 925214, p. 123. 
 
 Plans, change of, 925232, p. 130. 
 
 Power of boards of public works, 925 222, p. 127. 
 
 Report and action thereon, 925 213, p. 123. 
 
 Streets, paving, drains, etc., 925 223, p. 127. 
 
 Sureties to contracts, 925221, p. 127. 
 
 System, change, 925239, p. 132. 
 
 Tax, collection, 925219, p. 126. 
 
 Taxes, special, 925 239a, p. 133. 
 
 CHAPTER XXI. 
 HARBORS AND BRIDGES. 
 
 Accounts, separate, 925 243, p. 137. 
 
 Assessment of benefits, 925244, p. 138, 925245, p. 138. 
 Board public works, duties, 925240, p. 136. 
 Breakwater erections, assessments, 925248, p. 139. 
 
168 INDEX. 
 
 Condemnatioh, 925 248b, p. 141. 
 
 Construction, 925241, p. 136. 
 
 Contracts for dredging, 925 247, p. 139. 
 
 Harbors, change of boundaries, assessments, 925 248a, p. 140. 
 
 Location, 925241, p. 136. 
 
 Repairs, 925242, p. 137, 925246, p. 138. 
 
 CHAPTER XXII. 
 
 M ISCELLANEOUS. 
 
 Appeals, 925277, 925278, pp. 149, 150. 
 
 Assessments, exemption, 925266, p. 144. 
 
 Assessments, special; bonds, recording, 925 290, p. 154. 
 
 Assessments, collection, redemption, 925 292, p. 154. 
 
 Assessment of damages, 925273, p. 148. 
 
 Attorney's opinions, 925 260, p. 141. 
 
 Bids, advertising for, 925-279, p. 150. 
 
 Bids, rejection, 925282, p. 151. 
 
 Bonds, issue, 925287, p. 153. 
 
 Bonds, interest, redemption, 925 288, p. 153. 
 
 Bonds, notice of, 925286, p. 152. 
 
 Bonds, special assessments, 925 290, p. 154. 
 
 Bonds, payment, 925 291, p. 154. 
 
 Bonds, foreclosure, 925294, p. 155. 
 
 Canvass of votes, 925268, p. 145. 
 
 Certificates, negotiability, assessment, 925 284, p. 151. 
 
 Charters repealed, 925250, p. 141. 
 
 City marshal, 925259, p. 143. 
 
 Claims, reconsideration of. 925258, p. 143. 
 
 Council's determination, 925275, 925 276, p. 149. 
 
 Contracts, form, 925280, p. 150. 
 
 Contractor's pay, 925 283, p. 151. 
 
 Curative provisions, 925 281, p. 150. 
 
 Drainage districts, 925270, p. 147. 
 
 Drains, construction, plans, damages, etc., 925 271, p. 1 
 
 Expense, method of meeting, 925289, p. 153. 
 
 Forms, 925257, p. 143. 
 
 Hearing before council, 925274, p. 148. 
 
 Inhabitants not disqualified, 925 252, p. 142. 
 
 Inoligibility to office, 925249, p. 141. 
 
 Instice; constable; jurisdiction, 925 269, p. 145. 
 
 Laws in force, 925253, p. 142. 
 
 Laws not affected, 925251, p. 142. 
 
 Laws, application of criminal laws, 925 254, p. 142. 
 
 Notice of contract and bond, 925286, p. 152. 
 
 Officers not to be interested in contracts. 925255, p. 142. 
 
 Officers, duties, 925264, p. 144. 
 
 Ordinances, in force, 925263, p. 144. 
 
 Ordinance books: proof, 925-^261, p. 144. 
 
 Private property, garnishee, 925 256, p. 143. 
 
 Rewards, 925265, p. 144. 
 
 Reports, 925272, 92527:5, p. 148. 
 
 Sewer districts, 925270, p. 147. 
 
Gaylord Bros.. I Be , 
 
 Stockton, Calif. 
 
 M. Reg. U.S. Pat. Off 
 
 M19435 
 
 THE UNIVERSITY OF CALIFORNIA LIBRARY