aboo, or for the purpose of paying the interest or principal of any bonds which may hereafter be issued by said city of Baraboo, by authority of law; provided, however, that no greater tax shall in any one year be levied than shall be necessary to pay the amount which will be due on such bonds at the time such tax shall be collected by virtue of this act, or shall become due before the time appointed by law for assessing and levying the annual taxes; said taxes, when so levied, shall be collected at the same time other city taxes are collected.

itemized.

SECTION 5. No account shall be allowed by the Accounts to be common council, unless the same is properly itemized, and verified by the owner thereof or some person in bis or her behalf, except it be for street work or hire under the supervision of the street commissioner, duly certified by him. When an account is audited, the clerk shall endorse it "allowed" or "disallowed," as the fact may be, giving the amount allowed, if any, and specifying the items disallowed. The minutes of the meeting shall show to whom and for what purpose every such account was allowed, and the amount thereof. No account shall be allowed or appropriation made except by a majority vote of the whole council, taken by "aves" and "noes," to be recorded in the minutes of the meeting by the clerk. Every such account or demand allowed in whole or in part, shall, with the affidavit thereto, be numbered and filed by the clerk.

are disallowed.

SECTION 6. When the claim of any person against Accounts that the said city shall be disallowed in whole or in part by the common council, such person may appeal from the decision of such council to the circuit court of Sauk county, by causing a written notice of such appeal to be served on the clerk of said city within thirty days after the making of such decision, and executing a bond to such city with sufficient surety to be approved by said clerk, county judge or court commissioner of said county, conditioned for the faithful prosecution of such appeal, and the payment of all costs that shall be adjudged against appellant by the court.

SECTION 7. The city clerk, upon such appeal being Appea ken. taken, shall immediately give notice thereof to the rayor and common council, or shall take such measures as by ordinance or resolution of said common council he may be required to do, and shall make out a brief return of the proceedings in the case before said common council, with its decision thereon, and

No action against city can

shall file the same together with said notice, and all papers in the case in his possession with the clerk of the circuit court for the county of Sauk, and such appeal shall be entered, tried and determined in the same manner as appeals from justices of the peace, 'and costs thereon shall be awarded in like manner; provided, however, that whenever an appeal is taken from the allowance made by said common council upon any claim, and the recovery upon such an appeal shall not exceed the amount allowed by said common council exclusive of interest upon such allowance, the appellant shall pay the cost of appeal, which shall be deducted from the amount of the recovery, and when the amount of the costs exceeds the amount recovered, judgment shall be rendered against the appellant for the amount of such excess.

SECTION 8. No action shall hereinafter be main

be maintained. tained by any person against the city of Baraboo upon any claim or demand other than a city bond or order, unless such person shall first have presented his claim to the common council of said city. The determination of the common council disallowing in whole or in part any claim of any person shall be final and conclusive, and a perpetual bar to any action in any court founded on such claim, unless an appeal shall be taken from the decision and determination of such common council, as hereinbefore provided, or unless such council shall consent and agree to the institution and maintenance of an action by such claimant against the city; provided, however, that when the common council shall refuse or neglect to act upon any claim duly presented to it, this chapter shall not be construed so as to prevent the institution and maintenance of any action by said claimant against said city.

To lay out streets.

CHAPTER VI.

OPENING OF STREETS AND ALLEYS.

SECTION 1. The common council shall have power to lay out streets and alleys, and to widen the same as follows: Whenever ten or more freeholders residing in any ward shall by petition represent to the common council that it is necessary to take certain lands within the ward where such petitioners may reside for the public use, for the purpose of laying out streets or alleys or the enlarging of the same, the courses and distances, metes and bounds of the lands proposed to be taken, together with the names and residences of the owners of such premises, if the same shall be known to such petitioners, to be set forth in said petition, the common council shall thereupon cause notice of such application to be served on all persons interested in such lands who are residents of this state and whose residence is known, by service thereof, in the usual manner of service of a summons, and on all other persons, by publication of such notice, describing as Notice to be near as may be the premises proposed to be taken, for published. four weeks, successively, at least once in each week, in some newspaper published in said city, and by mailing a copy thereof to each non-resident interested in the premises, whose lands, if any there be, or if any portion of said lands shall not be in actual occupation of any person, then the common council shall cause such notice, describing as near as may be the premises proposed to be taken, to be published four weeks successively, at least once in each week, in some newspaper published in said city of Baraboo.

SECTION 2. Such notice shall state that upon a day what notice therein to be named, not less than ten days from the shall state. service of such notice, or the expiration of such publication, as the case may be, application will be made to the police justice of the city of Baraboo, or a court commissioner for the county of Sauk, for the appointment of twelve jurors to view said premises, and determine whether it shall be necessary to take the same for the purposes specified in said petition.

stoners shall

SECTION 3. Upon the presentation of such appli- Court commiecation, and upon proof of the publication or service of appoint. the notice hereinbefore required, the said police justice or court commissioners shall thereupon appoint twelve reputable freeholders, residents of said city, but not residents of the ward in which said premises may be, nor interested in the result of such application. The said police justice or court commissioner shall thereupon issue his precept, directed to said jurors, requiring them within ten days to view the premises to be specities in said precept, and to make returns under their hands to the common council, whether in their judgment it is necessary to take said premises for the purposes specified in such application.

SECTION 4. The marshal of said city shall serve Marshal to said precept immediately on the jurors therein named, serve precept. by reading the same to every one that can be found; and immediately after such service he shall return the said precept to the police justice or court commissioner who issued the same, together with his doings thereon. SECTION 5. If any of the jurors so appointed can- Qualification of not be found or shall be disqualified from acting or

Oaths to be administered.

shall refuse to act, the police justice or court commissioner shall appoint others in their places, and a memorandum of such substitution shall be endorsed on the precept.

SECTION 6. The said police justice or court commissioner, or any justice of the peace, shall thereupon administer an oath to said jurors, before entering upon the discharge of their duties, that they are freeholders of said city, and not interested in the premises proposed to be taken, and that they will faithfully and impartially discharge the trust reposed in them, which oath shall be filed in the office of the city clerk.

SECTION 7. The said jurors, at such time as they shall agree upon, shall proceed in a body to view the premises in question, and shall hear such testimony as shall be offered by any party interested, which testimony shall be reduced to writing by one of the jurors, and either of the jurors shall be authorized to administer the necessary oaths to the witnesses. After viewing the premises in question, and hearing such testi. mony as may be offered, the jurors shall make a report of their proceedings, which shall be signed by them respectively, and which shall state whether in their judgment it is necessary to take the premises in question for the public use, which said report, testimony, and precept shall be returned to the commen council within the time limited in said precept. Should the jurors report that it is necessary to take the premises, the common council shall enter an order among its proceedings confirming said report, and directing the same jurors within twenty days thereafter, or such future time as shall be necessary, to again view said premises for the purpose of ascertain ng and determining the amount of the damages to be paid to the owner or owners of such property proposed to be taken, and to assess and return, within the time limited, such damages to the common council; and after the jurors shall have made their report, as to the taking of any lands or premises under this act, and the same shall have been confirmed, the common council shall have power to appoint new jurors in the place of any who shall neglect or refuse to serve, in ascertaining the amount of compensation as above, and all the jurors, before entering upon the discharge of their duties in the premises, shall severally take an oath before a competent officer that they are freeholders in said city, and not interested in the premises to be taken, and that they will faithfully and impartially discharge the trust reposed in them.

to be esti

mated.

SECTION 8. If there should be any building in value of buildwhole or in part upon the land to be taken, the jurors, in before proceeding to make their assessment, shall first estimate and determine the value of such building to the owner, aside from the value of the land, and the injury to him in having such building taken from him

to remove.

SECTION 9. At least ten days' personal notice of Ten days' nosuch determination shall be given to the owner or his tice to be given. agent, if known, and a resident of the city, or left at his usual place of abode. If not known, or a nonresident, notice to all parties interested shall be given by publication in some paper of said city three successive weeks, once in each week; such notice shall specify the building and the award of the jurors. It shall require the parties interested to appear by a day therein named, or give notice of their election to the common council either to accept the award of the jurors and allow such building to be taken with the land appropriated, or their intention to remove such building. He shall have such time for this purpose as the common council shall allow.

moved.

SECTION 10. If the owner shall refuse to take the Building to be building at the value to remove, or fail to give notice sold if not reof his election as aforesaid, within the time prescribed, the common council shall have power to direct the sale of such building at public auction for cash, giving ten days' public notice of such sale. The proceeds shall be paid to the owner or deposited to his use.

SECTION 11. The said jurors, within the time Jurors to view limited, shall view and examine the premises proposed premises. to be taken, and all such premises as will in their judgment be injured or be benefited thereby. After hearing such testimony as may be offered by any party interested, and which shall be reduced to writing by one of said jurors, they shall proceed to make their assessment, and to determine and appraise to the owner or owners the actual value in money of the real estate so proposed to be taken, and the injury arising to them, respectively, in consequence of the taking thereof, which shall be awarded to such owners, respectively, as damages, and to assess the respective benefits upon the premises benefited thereby. In the estimates of the damages to the land, the jurors shall include the value of the building or buildings (if the property of the owner of such lands), as estimated by them aforesaid, less the proceeds of the sale thereof; or if taken by the owner at the value to remove, in such case they