and acknowledged as is provided for the execution of deeds and conveyances. be attested and SECTION 157. When any such deed or lease is so How deed to executed, the city clerk shall attach to such deed or recorded. lease a true copy, by him duly certified, of the ordinance or resolution aforesaid, and the same shall be recorded by the register of deeds with said deed or lease; and such copy so attached and record thereof, shall be in all courts of this state prima facie evidence of the authority of the mayor to make and execute such deed or lease. pend corpora SECTION 158. If any election by the people for Fallure of eleccommon council shall, for any cause, not be held at the tion not to sustime or in the manner herein prescribed, or if the coun- tion. cil shall fail to organize as herein prescribed, it shall not be considered reason for arresting, suspending or absolving said corporation, but such election or organization may be had at any subsequent day, by order of the common council; and if any of the duties enjoined by this act, or the ordinances or by-laws or regulations of said city, to be done by any officer, at any specified time, and the same are not then done or performed, the common council may appoint another time at which said act may be done and performed. eral laws, SECTION 159. No general law of this state contra- Act not to be vening the provisions of this act shall be considered as affected by genrepealing, annulling or modifying the same, unless such purposes be expressly set forth in such law as an amendment to this chapter. SECTION 160. The common council shall have power to appropriate a sum not exceeding five hundred dollars, at any one time, to any public purpose it may deem proper, but no such appropriation shall be made unless ordered by a two-thirds vote of all the aldermen elect. SECTION 161. No action in tort shall lie or be maintained against the city of Wausau, unless a statement in writing, signed by the person injured or claim. ing to be injured, of the wrong and circumstances thereof, and amount of damages claimed, shall be presented to the common council within ninety days after the occurring or happening of the tort alleged. prodation two-thirds vote. to be made by & Actions in tor for damages aristive sidewalks. How actions SECTION 162. In case of injury or damage by reason of insufficient, defective or dangerous condition of diable streets, sidewalks, drains, sewers, gutters, ditches or ing from defecbridges produced or caused by the wrong, neglect of duty, default or negligence of any person or corporation, such person or corporation shall be primarily lia Owners enjoined to keep side ble for all damages for such injury, in suit for the recovery thereof by the person sustaining such damages, and the city shall not be liable theretor until all legal remedies shall have been exhausted to collect such damages from such person or corporation. SECTION 163. The duty of always keeping the walks in good sidewalks, gutters, drains and ditches on or adjacent to condition. How rote to be taken. Reward for ar rest of crimi nale. How appropr:- All officers to take oath and file bord. Of executions the lots and premises of any person, in safe condition and good repair, is hereby expressly enjoined and imposed upon all owners or occupants of said lots and premises. SECTION 164. If required by one member present at any meeting of the common council, the vote upon any ordinance, resolution or question pending before such meeting, except the appointment of officers, shall, when taken, be taken by the yeas and nays of all the members present, and a record of such votes shall be entered at large in the minutes. SECTION 165. Whenever any grave or heinous crime shall have been committed in said city, against life or property, the mayor, with the concurrence of the common council, may offer a reward for the arrest and conviction, or either, of the perpetrators of such offense: provided, that such reward shall in no case ex. ceed five hundred dollars. SECTION 166. All appropriations of money voted under the provisions of this act shall be by a vote of ayes and nays, and be entered in the journal. SECTION 167. All officers elected or appointed under the provisions of this act shall in all cases, when the method of qualification is prescribed by a general law of the state, conform thereto, and take such oath and file such bond, and do such other act as may be required by such law, in addition to any of the requirements of this act. SECTION 168. No execution shall ever issue upon and judgments. any judgment against said city, but all judgments shall be collected and enforced in the same manner as payments against towns, and not otherwise. be commenced. SECTION 169. In all cases where an action might med be brought by the city of Wausau against any person, company or corporation, such action may be com menced and prosecuted in the name of the city by any electors of said city: provided, that the complaint is made by any person other than a police officer or said sheriff of Marathon county, or any officer of said city. The judge may, in his discretion, require security for costs as in civil cases before justices of the peace. And the city of Wausau shall have the use of the county jail for the purposes of this act, under such condition as the county board may prescribe. SECTION 170. The common council shall have Ornamental trees to be set power to require the owner of any lot or ground in the out. city to set out ornamental trees in the street or streets fronting on the same, and in default thereof to cause the same to be done, and to levy a special tax upon such lot or grounds to pay the expenses of the same. SECTION 171. The right of the citizens of the city Rights in cem of Wausau to use the Wausau cemetery for burial etery. SECTION 172. It shall be lawful for the supervisors Holding of of any town in Marathon county to hold their meet- town meetings. ings for the transaction of town business at any proper place within the city of Wausau, and the said town board may authorize and empower the town clerk and town treasurer of the said town to keep the books and papers of their respective offices at some suitable place within the limits of said city: provided, that the said city shall not be chargeable with nor liable for any of the expenses arising or growing out of any of the provisions of this or the preceding section: and provided further, that the place of meetings, and a place for the town clerk and treasurer of the town mentioned in this and in the preceding section, shall not be at any place or places of meeting of the common council or of officers of the city, without consent first being obtained of the common council. SECTION 173. The laws of this state for the relief State laws for and support of the poor in towns shall apply to said support of poor city, and the common council shall make such rules, regulations, ordinances and provisions in relation to the same as it shall deem proper, and may adopt the county system in accordance with any resolution of the county board. This act is hereby declared a public act, and shall be liberally construed in all courts of this state. SECTION 174. All acts and parts of acts inconsis- Repealed. tent and conflicting with the provisions of this act are hereby repealed; but the repeal of said acts or parts of acts shall not in any manner affect, injure or invalidate any contracts, claims, penalties or demands, that may have been entered into, performed, commenced, or itat may exist under or by virtue or in pursuance of the said acts, or any former act incorporating the city of Wausau, or any of them: but the same shall exist and be enforced and carried out and completed, as fully and effectually, to all intents and purposes, as if this act had not been passed. SECTION 175. This act shall take effect and be in force from and after its passage. Approved March 16, 1880. JOINT RESOLUTIONS. No. 9, S. JOINT RESOLUTION amending sections numbers 4, 5, 11, and 21, article 4 of the constitution of the State of Wisconsin. Resolved by the senate, the assembly concurring, That section 4 of article 4 of the constitution of this state, be amended so as to read as follows: SECTION 4. The members of the assembly shall be chosen biennially, by single districts on the Tuesday succeeding the first Monday of November, after the adoption of this amendment, by the qualified electors of the several districts, such districts to be bounded by county, precinct, town or ward lines, to consist of contiguous territory, and be in as compact form as practicable. That section 5 of article 4 of the constitution of this state, be amended so as to read as follows: SECTION 5. The senators shall be elected by single districts of convenient contiguous territory, at the same time and in the same manner as members of the assembly are required to be chosen ; and no assembly district shall be divided in the formation of a senate district. The senate district shall be numbered in the regular series, and the senators shall be chosen alternately from the odd and even numbered districts. The senators elected or holding over at the time of the adoption of this amendment shall continue in office till their successors are duly elected and qualified; and after the adoption of this amendment all senators shall be chosen for the term of four years. That section 11 of article 4 of the constitution of this state be amended so as to read as follows: SECTION 11. The legislature shall meet at the seat of govern. ment at such time as shall be provided by law once in two years and no oftener, unless convened by the governor in special session, and when so convened no business shall be transacted except as shall be necessary to accomplish the special purposes for which it was convened. That section 21 of article 4 of the constitution of this state be amended so as to read as follows: SECTION 21. Each member of the legislature shall receive for his services for and during a regular session, the sum of five hundred dollars, and ten cents for every mile he shall travel in going to and returning from the place of meeting of the legislature on the most usual route. In case of an extra session of the legislature, no additional compensation shall be allowed to any member thereof, either directly or indirectly, except for mileage, to be 1 |