Counting the ballots.

Special elec

tions.

Officer elected neglecting to qualify shell be deemed to have vacated his office.

Aldermenterms of serving.

city clerk. The penalty for any unlawful or illegal conduct of clerks or inspectors of such election shall be the same as that provided by the statutes of this state for similar conduct at any general election. At the first city election held in March, 1882, the oath above mentioned shall be so modified as to meet the qualifications of voters at that election.

SECTION 8. When the polls of an election shall be finally closed, the inspectors shall proceed to count and canvass the votes, and shall make a return of the number of votes cast in their election precinct for each and every office, and the number of votes cast for each and every person for each and every office, and shall deliver forthwith such return to the city clerk, and with. in one week after such election the council shall meet and canvass said returns, and declare the result as it shall appear from the same. The clerk shall thereupon immediately give notice to the persons elected of their election. The clerk shall also notify the clerk of the circuit court of Sauk county of all elections of justices of the peace, and the appointment of city marshal, and shall notify the county clerk of the election of treasurer and assessor to represent said city in the county board of supervisors, and of the city assessor.

SECTION 9. Special elections to fill vacancies or for any other purpose shall be held and conducted in the same manner, and the returns thereof shall be made in the same form and manner as regular elections, and within such time as may be prescribed by the common council.

SECTION 10. Any officer removing from the city, or any alderman removing from the ward for which he was elected, or any officer who shall neglect or refuse, for one week after notice of his election or appointment, to qualify and enter upon the discharge of the duties of his office shall be deemed to have vacated his office, and the common council shall proceed to fill such vacancy as herein provided.

SECTION 11. At the first election held under this act, three aldermen shall be elected for each ward, one to serve one year, one to serve two years, and one to serve three years, to be determined by the words " for one year," after the name of one alderman voted for, "for two years," after the name of another, and "for three years," after the name of a third alderman voted for; and thereafter at each annual election one alderman from each ward shall be elected to serve for three years; and the first election under this act shall be held at such place as shall be designated and provided by the president and trustees of the village of Baraboo, any three of which shall act as inspectors of such election, appoint clerks thereof, prescribe the manner of conducting such elections, and shall canvass and make returns of the result as provided by this act and the general laws of the state; and the village clerk of Village clerk to Baraboo shall give the notice thereof as required by give notice. this act; and all duties required by this act of the common council in regard to elections shall be performed, so far as may be necessary, by the said president and trustees of the village of Baraboo and the clerks appointed by them in regard to the first election and the organization of the city government under this

act.

SECTION 12. The votes for mayor and all elective votes to be on officers shall be on one ballot, and votes for other than one ballot. elective officers shall not be counted or canvassed in

any manner whatever.

SECTION 13. The term of every officer elected un- Term of office. der this act, except to fill a vacancy, shall commence the fourth Tuesday of March of the year for which and in which he was elected, and shall, unless herein otherwise provided, continue for one year and until his successor is elected and qualified.

SECTION 14. The first election of officers under the First election. provisions of this act shall be held on the second Tues. day in March, A. D. 1882. The election of justices of the peace shall be held at the same time and place, and so every two years thereafter. The justices of the peace now residing within the territorial limits of said city of Baraboo shall hold their offices until their terms of office expire, in addition to the justices who may be elected under this act.

SECTION 15. Should there be a failure to elect any Failure to elect. officer herein required to be elected, on the day designated, the common council may order a new election to be held, six days' notice of the time and place of holding the election first being given.

CHAPTER III.

OFFICERS, POWERS AND DUTIES.

SECTION 1. Every person elected or appointed to Bonds to be exany office under this act, except justices of the peace, shall, before he enters upon the duties of his office, take and subscribe an oath of office and file the same, duly certified by the officer taking the same, with the clerk of the city; and the clerk, marshal, constables

Mayor to preside over all meetings.

What shall be done at first meeting.

and such other officers as the common council may direct, shall severally, before they enter upon the duties of their respective offices, execute to the city of Baraboo a bond, with at least two sureties, who shall swear that they are each worth the penalty specified in said bond, over and above all debts, exemptions or liabilities, and said bond shall contain such penal sum, and such conditions as the common council may deem proper. The treasurer, before entering upon his duties, shall also execute a bond, with at least two, nor more than ten sureties. The penal sum expressed in such bond shall exceed the amount of the last annual tax roll, and each surety shall swear that he is worth a certain amount over and above all debts, liabilities, or exemptions, and the aggregate of such amounts shall at least, exceed the penal sum specified in the bond. The council may, from time to time, require new or additional bonds from the treasurer or other officer of the city, and the council may remove from office any officer refusing or neglecting to give the same. ne. Justices of the peace shall qualify in the same manner as in towns, except that their bonds shall be approved by the mayor of the city.

SECTION 2. The mayor shall, when present, preside over the meetings of the common council. He shall take care that the laws of the state and the ordinances of the city are duly observed and enforced, and that all other executive officers of the city discharge their respective duties; he shall from time to time give the common council such information, and recommend such measures, as he may deem advantageous to the city. The mayor shall be the chief executive officer and head of the police of the city; and in case of a riot or other disturbance, he may: ppoint as many special or temporary constables as he may deem neces sary. The mayor shall have a vote in the council only in case of a tie. When the council shall be engaged in the election of any officer, the mayor shall have a vote the same as an alderman.

SECTION 3. At the first meeting of the common council after their election in each year, they shall proceed to elect, by ballot, one of their number president, and in the absence of the mayor the said president shall preside over the meetings of the common council; and during the absence of the mayor from the city, or his inability for any reason to discharge the duties of his office, the said president shall exercise all the powers and discharge all the duties of the may

or.

siding officers.

In case both the mayor and president shall be absent from any meeting of the common council, they shall proceed to elect a temporary presiding officer, who, for the time being, shall discharge all the duties of the mayor. The president or the temporary pre- Temporary presiding officer, while presiding over the board or performing the duties of mayor, shall be styled acting mayor, and any acts performed by them shall have the same force and validity as if performed by the mayor. The common council shall also, at their first annual meeting, or so soon thereafter as may be, appoint the following officers: city clerk, assessor, marshal, attorney, surveyor, one street commissioner, and other officers or agents necessary to the good government of the city, who shall hold their said offices for one year, unless removed as hereinafter provided. They shall at the same time fix the compensation or salary, and may prescribe the duties pertaining to the same.

SECTION 4. The city clerk shall perform all the Duties of city duties required by law to be performed by him. He cerk. shall be keeper of the books, records and papers, and the corporate seal of the city, and the records of the proceedings of the council, and shall possess the same powers that town clerks possess by law to issue transcripts from the records of his office, and they shall, when certified by him, be received in all courts in like manner and effect. He shall draw and countersign all orders on the city treasurer, and keep a record of the same. He shall file in his office all chattel mortgages left with him to be filed, and the renewals thereof, and keep the same, receiving the same fees allowed by law to town clerks therefor, and the said mortgages and renewals shall be as valid and lawful as when filed in the office of town clerks, and the said clerk shall possess authority to administer ouths, and he shall receive such compensation as the common council shall provide by ordinance or resolution.

SECTION 5. The treasurer shall perform such duties Duties of treas and exercise such powers as may be lawfully required of him by the ordinances of said city or the laws of this state. He shall receive all moneys belonging to the city, and keep an accurate and detailed account thereof, together with an account of all disbursements, in such manner as the common council shall direct. He shall report to the common council as often as required and annually at least ten days before the annual election, a full and detailed account of all receipts and expenditures since the date of the last annual report;

Duties of mar.

shal.

and also of the state of the treasury, which statement shall be filed with the c'erk. The city treasurer shall be collector of taxes in said city, and in addition to the powers and duties already specified, shall have the same powers and duties, and be subject to the same liabilities as treasurers in towns. No person having been city treasurer for two years in succession shall be eligible to a re-election until one year shall have elapsed, nor shall any person who has been city treasurer be appointed deputy treasurer for the term immediately succeeding his term of office.

It

SECTION 6. The marshal shall attend all the meetings of the common council, unless excused by the council, and shall perform such duties as shall be prescribed by the common council for the preservation of the public peace and collection of license moneys and fines. He shall possess all the powers and authority of constables of towns, and be subject to the same liabilities. It shall be his duty to execute and return all writs and processes to him directed, and when necessary, in criminal cases, or for the violation of any ordinance of said city, or law of this state, may pur sue and serve the same in any part of this state. shall be his duty to suppress all riots, disturbances and breaches of the peace, and to remove all obstructions in the streets and alleys of said city, and to abate all nuisances in said city; to apprehend, with or without warrant, any person in the act of committing any offence against any ordinance of said city, or laws of this state, and within reasonable time bring such person or persons before competent authority for examination; and for such services he shall receive such fees as are allowed by law to constables for like services in this state. He shall appoint one or more deputies, subject to the approval of the common council, but for whose official acts he shall be responsible, and of whom he may require bonds for the faithful discharge of their duties; such deputies shall also take and subscribe the proper oath of office, which shall be filed with the city clerk, and when duly qualified as aforesaid, such dep. uties shall possess like powers and authority, and be subject to the same liabilities with the marshal.

SECTION 7. The city surveyor shall be a practical surveyor and engineer, and shall have a per diem com. pensation to be fixed by the common council. He shall keep his office at some convenient place in the city. He shall preserve and have open to the inspection of any person all surveys, profiles, plans or esti