Penalty for vio session or custody taken by any means or device ex- SECTION 2. Upon verbal complaint made to any sheriff, constable or fish warden, that the provisions of this act have been violated, such sheriff, constable or fish warden shall make complaint before the proper court and upon warrant to arrest the offender or offenders, and take him or them before the proper courts for trial, and shall seize any brook trout taken and any net or other device set or used contrary to the provisions of this act, and convey the same to a place off safety, and shall at once make an inventory of the property and fish, or either, so seized, and file the same in said court. Duty of officer. ure to ay fine. SECTION 3. If such offender shall fail to pay such In case of fail. fine as said court shall inflict, together with costs, including the necessary expenses of the seizure and care of any property of any kind seized under the provi. sions of this act, the said court shall forthwith issue an execution for the enforcement of the same, which shall be levied upon the property of such offender, to make the amount of such fine and costs, and such execution shall be enforced in the same manner as executions issued out of the courts of justices of the peace upon judgments entered therein: provided, that whenever proviso brook trout shall be seized under the provisions of this act, the sheriff or other officer having them in custody, shall forthwith sell the same for the best price for cash, and the proceeds thereof shall be paid into court the same as if derived upon execution as herein provided. SECTION 4. Any person violating the provisions of this act may be arrested upon a warrant issued by the rest. proper court in a county nearest and most accessible in the discretion of the officer issuing such warrant, to the place where the offense is committed, and taken to such county for trial. Warrant for ar SECTION 5. Justices of the peace shall have juris- Jurisdiction of diction for the enforcement of the provisions of this act justices of the and for the punishment of offenders thereof; and all peace. fines received under the provisions of this act shall be paid one-half to the informer and the other half into the school fund. Revised stat SECTION 6. Subdivision six of section six hundred utes amender. and seventy, and section four thousand five hundred and sixty-one, of the revised statutes, and chapter seventy-six of the laws of 1975, and all other acts or laws of this state in conflict with the provisions of this act, be and the same are hereby repealed. Corporate pow. ere. Boundaries. SECTION 7. This act shall take effect and be in force from and after its passage and publication. Approved March 16, 1880. [No. 167, S.] [Published March 24, 1880.] CHAPTER 322. AN ACT to consolidate and amend an act entitled an act to incorporate the city of Madison, and the several acts amendatory thereof. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows : CHAPTER I. CITY OF MADISON - ITS CORPORATE POWERS. SECTION 1. All that district of country in the county of Dane, hereinafter described, from and after the seventh day of March, in the year of our Lord one thousand eight hundred and fifty-six, shall be a city by the name of Madison, and the people now inhabiting and those who shall inhabit said district shall be a municipal corporation, by the name of the city of Madison, and shall have the general powers possessed by municipal corporations at common law, and in addition thereto shall have and possess the powers hereinafter specifically granted, and the authorities thereof shall have perpetual succession and shall be capable of contracting and being contracted with, suing and being sued, pleading and being impleaded, in all courts of law and equity, and shall have a common seal and may change and alter the same at pleasure. CITY BOUNDARIES. SECTION 2. All of section six (6) except the east half of the southeast quarter; all of section seven (7) except the east half of the northeast fractional quarter, in township number seven (7) north, of range number ten (10) east; lots three (3) and four (4) in the southeast quarter of section twelve (12); also the southeast quarter of the southeast quarter of sec tion twelve (12); all of sections thirteen (13) and fourteen (14), twenty-three (23) and twentyfour (24); all of the south fractional half of section fifteen (15), the east fractional half of section twentytwo (22), the east fractional half of the southwest quarter of section twenty-two (22), and that part of the northwest quarter of section twenty two 22) that lies north of the Milwaukee and Prairie du Chien railroad; so much of the north part of the west half of the northwest quarter of section twenty-six (26) as is covered by the recorded plat of "Greenbush addition to the village of Madison," and the northeast fractional quarter of section twenty-seven (27), in township number seven (7) north, of range number nine (9) east of the fourth principal meridian, in the state of Wisconsin, together with the entire surface of lakes Mendota and Menona to the shores at high water mark around the same, shall be included in and constitute the limits of the city of Madison. WARD BOUNDARIES. ries. SECTION 3. The city of Madison shall be divided Ward bounda into five wards, as follows, to-wit: All that part of said city lying north and west of lines drawn through the center of Wisconsin and Washington avenues, Washington street and the Mineral Point road, as far west as Francis street, shall constitute and be known as the first ward. All that part of said city lying north and east of lines drawn through the center of Wisconsin and Washington avenues and Winnebago road, to the city limits, shall constitute and be known as the second ward. All that part of the city lying south and east of a line drawn through the center of Monona and Washington avenues and Winnebago read, shall constitute and be known as the third ward. All that part of said city lying south and west of a line drawn through the center of Washington and Monona avenues, Washington street and the Mineral Point road, shall constitute and be known as the fourth ward; and all that part of said city lying west of Francis street, bounded north by the fourth lake and south by the Mineral Point road, west to the city limits, shall constitute and be known as the fifth ward. COMMON COUNCIL. thority. SECTION 4. The corporate authority of said city Corporate anshall be vested in one principal officer, styled the mayor, in one board of aldermen, consisting of three members from each ward, who, with the mayor, shall be denominated the common council, together with such other officers as are hereinafter mentioned, or may be created under this act. Terms of of cers. Elections. CHAPTER II. ELECTIVE OFFICERS. SECTION 1. The elective officers of said city shall be a mayor and a treasurer, for the city at large, and three aldermen and one justice of the peace for each ward, which said officers shall hold their respective offices as follows: The mayor, treasurer and two aldermen in each ward for one year; one alderman in each ward, and justices of the peace for two years. The mayor and treasurer shall be qualified voters and residents of said city, and the ward officers shall be qualified voters and residents of the respective wards for which they are elected. The term of officers shall commence on the third Tuesday of April in each year in which such officers have been elected. Each of said officers shall continue in office for his respective term and until his successor is elected and qualified, and shall have such powers and perform such duties as are prescribed in this act, or as may be prescribed in any ordinance of said city not inconsistent with this act, or which may not be incompatible with the nature of their respective offices. ANNUAL ELECTIONS - HOW CONDUCTED - WHEN SECTION 2. The qualitied voters of the city of Madison shall hold an election on the first Tuesday of April in each year, for the election of city and ward officers herein designated, and shall be presided over by the inspectors of election appointed under the general laws of this state, who shall see the names of the voters registered, and the ballots safely deposited in the ballot box; shall decide all questions that may arise as to the legality of the votes presented; shall count the ballots at the close of the polls, and shall certify and seal two returns; and the day following the election shall direct and return one of the said returns to the city clerk of the city of Madison, and the other to the county clerk of the county of Dane. The mayor of the city and such members of the com mon council as shall hold over shall consitute a board of canvassers, who shall, within five days after such election, meet at the common council chamber and canvass such returns; and after the aforesaid returns have been canvassed by said board, the mayor shall notify, by a certificate, the persons elected to the respective offices. The polls shall be kept open in the respective wards from nine o'clock in the forenoon until five in the afternoon. Said elections shall be conducted in accordance with this act and of the existing laws of the state of Wisconsin, and any frauds or violation of said laws at such elections shall be punishable in the same manner as any violation of the election laws in any part of the state. VACANCIES HOW FILLED. SECTION 3. In the event of a vacancy in the office Vacancies. of mayor, justice of the peace or alderman, by death, removal or other disability, the common council shall order a new election, and shall give five days notice thereof. Any vacancy in other offices shall be filled by the common council. The person appointed or elected to fill a vacancy, shall hold the office and discharge the duties thereof for the unexpired term with the same rights and subject to the same liabilities as the person whose office he may be elected or appointed to fill. ELECTION BY BALLOTTIE VOTE. SECTION 4. All elections by the people shall be by Elections; the ballot, and plurality of votes shall constitute an elec. vote. tion. All elections by the counsel shall be viva voce, except as hereinafter provided. When two or more candidates for an elective office 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 council, at such time and in such manner as it may direct. QUALIFIED ELECTORS. SECTION 5. All persons who are qualified electors Qualified electof the state of Wisconsin shall be deemed qualified ord. electors of said city and ward. CHALLENGE OF VOTERS - OATH - PENALTY FOR IL LEGAL VOTING - INSPECTORS TO KEEP LIST. SECTION 6. If either of the inspectors of election challenges. shall suspect that any person offering to vote does not possess the necessary qualifications of an elector, or if such vote be challenged by an elector, the inspector, before receiving any such vote, shall require the voter offering his vote to take the following oath: "You do solemnly swear (or affirm, as the case may be) that you are twenty-one years of age; that you are a citizen of the United States (or have declared your intention to become a citizen conformably to the laws of the United States on the subject of naturalization); that you have resided in the state of Wisconsin one year next preceding this election; and that you are a resident of this |