All the laws of this state relating to the manner of conducting criminal actions before justices' courts, shall be applicable to all trials before the municipal court under this act, so far as the same do not conflict with the provisions of this act.

BOARD OF EDUCATION.

tion.

SECTION 25. The mayor shall ex officio be a mem. Duties of the ber of the board of education of the city of Madison, board of educaand as such shall have the same rights and privileges as other members of said board of education. The board of education shall annually, on the first day of September, and oftener if required, report in writing to the common council a full and detailed statement of the financial affairs and transactions of the board, for the year preceding, and of its wants and requirements for the ensuing year. The common council shall have power to levy a special tax to pay all outstanding valid claims against the board of education or such part thereof as it may deem proper, and the money arising from such tax shall be applied to no other purpose whatever. Money shall be paid from the treasury of the board, on future appropriations only on certificate of its president and clerk, and no order on the treasury, nor other evidence of debt, shall hereafter be issued upon the allowance of claims.

OF SALARIES.

SECTION 26. No compensation or salary shall be salaries. paid the mayor or any alderman of said city, except as provided in section twelve of this chapter.

OF LICENSES.

SECTION 27. No assignee of any license shall be Licenses.

permitted to pursue the occupation or business licensed, except upon the same premises where the business was conducted by the original holder of said license.

REPEALED.

SECTION 28. An act entitled "an act to consolidate Repealed. and amend an act to incorporate the city of Madison, and the several acts amendatory thereof," approved March 6, 1868, being chapter five hundred of the private and local laws of A. D. 1868, and the several acts amendatory thereof, and all acts relating to the corpo. ration of the city of Madisor, not retained in this act, are hereby repealed.

PUBLIC ACT.

SECTION 29. This act is hereby declared a public Public act. act, and shall be liberally construed in all courts of this state.

SECTION 30. This act shall take effect and be in force from and after its passage and publication. Approved March 16, 1880.

[No. 184, A.]

[Published March 31, 1880.]

CHAPTER 323.

AN ACT to revise, consolidate and amend the city charter of

the city of Wausau.

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

TITLE I.

CITY AND WARD BOUNDARIES.

SECTION 1. All that district of country included in the north half of section one, in township number twenty-eight north, of range seven east, and sections number twenty-five, twenty-six, thirty-five, thirty-six and that portion of sections number twenty-three and twenty-four, situated east of the Wisconsin river, all in township number twenty-nine north, of range seven east, of the fourth principal meridian, in the county of Marathon, and state of Wisconsin, shall be known and designated as the city of Wausau.

SECTION 2. The said city of Wausau shall be and is hereby divided into five wards, as follows, to-wit: All that territory within said city lying west of Main street, and west of the northern extension thereof, known as the Wausau and Jenny road, and west of the east bank of the Wisconsin river, shall constitute the first ward. All that territory within said city lying east of Main street, and between Washington and Forest streets, and between lines extending easterly, drawn parallel with said Washington and Forest streets, and extending the same to the east line of said city, shall constitute the second ward. All that territory within said city lying east of Main street, and between Washington and McClellan streets, and between lines extending easterly, drawn parallel with said Washington and McClellan streets, and extending the same to the east line of sail city, shall constitute the third ward. All that territory within said city lying east of Main street, and east of the east bank of the Wisconsin river, and south of Forest street, and south of a line extending easterly, drawn parallel with said Forest street, and extending the same to the east line of said city, shall constitute the fourth ward. And all that territory within said city lying east of Main street, and east of the northern extension thereof, known as the Wausau and Jenny road, and north of McClellan street, and north of a line extending easterly, drawn parallel with said McClellan street, and extending the same to the east line of said city, shall constitute the fitth ward: provided, that the common council shall have the power to change, alter and define the boundaries of the wards in said city, by ordinance, as it shall from time to time deemed expedient.

TITLE II.

CORPORATE NAME AND POWERS.

SECTION 3. The inhabitants residing in said city Corporate name shall be a municipal corporation, under the name and style of the city of Wausau, and shall be so known and designated in all courts and places, and said city shall have and possess all the general powers and privileges had and possessed by municipal corporations at common law, and in addition thereto shall have and possess the powers and privileges hereinafter set fourth and granted by this act, and said city may acquire, hold, possess and enjoy, convey or dispose of, personal and real property, and shall be capable of contracting and being contracted with, suing and being sued, pleading and being impleaded, answering and being answered unto, in any or all courts of law or equity, and to do and perform all acts in its corporate capacity necessary for its maintenance in its general or special powers and privileges, and may have a common seal and alter and change the same at pleasure.

SECTION 4. The corporate authority of said city corporate aushall be vested in one chief officer styled the mayor, thority. one board of aldermen, consisting of two aldermen and one supervisor from each ward, who with the mayor shall constitute the common council, and shall be so known and designated, together with such other officers as are mentioned and created by this act.

TITLE III.

CITY AND WARD OFFICERS AND THEIR ELECTION.

SECTION 5. The annual election for city and ward Elections.

officers shall be held on the first Tuesday in April in each year, at such place in each ward as the supervisor and aldermen thereof shall designate, and the polls shall be kept open from nine o'clock in the forenoon until five o'clock in the afternoon, and ten days previous notice of such election shall be given by the city clerk, stating the places of voting, and the city and

Elective ofm

cers.

Terms of offi

ces.

Election of jus. tices of the peace.

ward officers to be elected, by posting such notices in at least three public places in each ward, and by publication thereof at least once in a weekly newspaper published at said city of Wausau.

SECTION 6. The elective officers of said city shall be a mayor, a city clerk, a treasurer, an assessor, a marshal, a street commissioner who shall also be the sealer of weights and measures, and two justices of the peace, to be elected by the city at large; and in each ward one supervisor, who shall be a member of the common council of said city, and shall also represent his ward in the board of supervisors of Marathon county, and be a member thereof; and two aldermen, who shall be members of the common council of said city; and one constable. Provided, that in case of the absence or inability from any cause such supervisor shall be unable to attend any meeting of the county board, either of the aldermen of such ward, to be designated by themselves, (and if they shall disagree, they shall decide the same by lot) shall attend such meeting and act as member of such county board. Each of said officers shall be qualified voters of said city, and the mayor and the supervisors and aldermen shall also be freeholders as well as voters in the ward from which they shall be elected.

SECTION 7. All elective officers, except justices of the peace, shall hold their respective offices for one year, or until their successors are elected and qualified: provided, however, the common council shall have power for any cause to expel and remove from office any of its own number, except the mayor, due notice having first been given to such person. The term of all the officers of the city as mentioned, shall commence on the second Tuesday of April next after said election.

SECTION 8. At the next ensuing election there shall be chosen one justice of the peace to hold his office for the term of one year, and one justice of the peace to hold his office for the term of two years, and at every ensuing annual election there shall be chosen one justice of the peace for the term of two years. The term of office of the justices of the peace to be elected under this act shall commence on the first Monday of May next ensuing their election. Every justice so elected shall file the oath and bond necesssary to quality, before entering upon the duties of his office as! prescribed in the statutes at large for the justices of the peace, and the city clerk shall certify to the clerk of the circuit court immediately after the election, the

1

names of the persons elected justices of the peace, and the terms for which they were respectively elected.

ent Justices to

SECTION 9. The term of office of each justice of Terms of presthe peace now in said city, shall expire and be fully expire on first determined on the first Monday of May, 1880, and Mond they and each of them shall at once transmit to the nearest justice elected under this act all the books and

papers relating to his office.

1880.

SECTION 10. The inspectors of all elections in said How inspectors city shall be chosen in the same manner and be the to be chosen. same as the general laws of the state require; and every inhabitant qualified by law to vote at a general election, shall be entitled to vote in the ward in which he resides, and shall have resided for ten days previous to said election, for all officers to be elected by virtue of this act. Any person may be challenged in the same manner, and the same proceedings held thereon, as are or shall be prescribed by law in relation to a general election, so far as the same shall be applicable to a charter election: provided, that the registry law shall not be taken to apply to an election under this

act.

to be fil.ed.

SECTION 11. Whenever a vacancy shall occur in How vacancies any elective office, such vacancy may be filled by a special election, which shall be called by the common council; all other vacancies may be filled by appointment of the common council, and the common council shall have power to remove, by a two-thirds vote, any appointees of its own.

SECTION 12. All elections by the people shall be Elections by by ballot, and a plurality of votes cast shall constitute ballot. an election. When two or more candidates for the same office shall receive an equal number of votes for such office, the election shall be determined by the casting of lots by the common council at its next meeting after such election in such manner as it shall direct.

SECTION 13. When an election shall be closed, and Canvass of the number of votes for each candidate or person voted votes. for shall be counted and ascertained, the said inspectors shall make a return thereof, stating therein the number of votes for each person for each and every office, and shall deliver or cause to be delivered, such return to the city clerk, within three days after any such election. The common council shall, on the fourth day after such election, meet and canvass said returns, and declare the result as it appears from the same, and the city clerk shall forthwith give notice to each person elected of his respective election.