If the land belong to dif

shall only include the difference between such value and the whole estimated value of such building or buildings, according to section 8 of this chapter.

SECTION 12. If the lands or buildings belong to ferent persons. different persons, or if the land be subject to lease,

Award of ju

rors.

Can appeal.

Damages must be first paid on land.

Damages to be paid in one year.

judgment, or mortgage, or if there be any estate in it less than an estate in fee, the injury done to such persons or interests, respectively, shall be awarded to them by the jurors.

SECTION 13. The award of such jurors shall be signed by them and returned, together with the testimony taken and the precept to the common council, within the time limited in such precept.

SECTION 14. Any person whose property is taken or against whom any assessment is made, may, within ten days from the return of the jurors to the common council, appeal from said assessment of damages to the circuit court of Sauk county, by causing a written notice of such appeal to be served on the clerk of said city and executing a bond in the manner prescribed in section 6 of chapter 5 of this act, and such appeal shall be tried by the court and jury, as in ordinary cases. The common council shall have the right to appeal by filing with the clerk a notice thereof within ten days as aforesaid.

SECTION 15. The land required to be taken for the purposes mentioned in this act, shall not be appropriated until the damages awarded therefor to the owner thereof shall be paid or tendered to the owner or his agent; or in case the said owner or agent cannot be found, or is unknown, deposited to his or their credit in some safe place of deposit, and then, and not before, such lands may be taken and appropriated for the purposes required, and the same shall thereafter be subject to all the laws and ordinances of the city in the same manner as streets, alleys, and public grounds, opened or laid out.

SECTION 16. The damages assessed shall be paid or tendered or deposited as herein required within one year from the confirmation of such assessment and report, and if not paid, tendered or deposited, all proceedings in such case shall be void.

SECTION 17. The city may pay a tender or deposit, as herein required, at any time within one year from the confirmation of such assessment, and report the damages assessed in any such case; and whenever said damages have been so paid, tendered or deposited, it shall be the duty of the common council to enter an order among its proceedings to take and appropriate such lands for the purposes required.

Contracts on dice.

land taken

SECTION 18. Whenever the whole of any tract or Covenants shail lot or other premises under lease or other contract shall cease. be taken by virtue of this act, all the covenants, contracts or engagements between landlord and tenant or any other contracting parties touching the same or any part thereof shall, upon the confirmation of such re port, respectively cease and be absolutely discharged. SECTION 19. When only part of a lot or tract of land or other premises so under lease or other contract shall be taken for any of the purposes aforesaid, all the covenants, contracts or agreements respecting the same, upon the confirmation of such report, shall be absolutely discharged as to the part thereof taken, but shall remain valid as to the residue thereof, and the rents, considerations and payments reserved, payable and to be paid for in respect to the same shall be so proportioned that the part thereof justly and equitably payable for such residue thereof and no more, shall be paid or recoverable for, or in respect to the

same.

SECTION 20. When any known owner of lands or Infant owners. tenements affected by any proceedings under this act shall be an infant or labor under legal disability, the judge of the circuit ecurt of Sauk county, or, in his absence, the judge of any court of record in said county, may, upon the application of the common council or such party or his next friend, appoint a guardian for such party, and all notices required by this act shall be served upon such guardian.

SECTION 21. Whenever any public ground, street Survey of lard or alley shall be laid out, widened or enlarged under to be made. the provisions of this chapter, the common council shall cause an accurate survey and profile thereof to be made and filed in the office of the city clerk.

CHAPTER VII.

ACTIONS TO RECOVER PENALTIES, ETC.

SECTION 1. All actions brought to recover any Actions to repenalty or forfeiture under this act, or the ordinances, cover penalties. by-laws, or police or health regulations made in pursuance thereof, shall be brought in the corporate name of the city. It shall be lawful to declare generally in debt for such penalty or forfeiture, stating the chapter and section of this act, or the section of the ordinance, by-law or regulation under which the penalty or for

Prosecutions to be made by warrant.

Form.

Form.

feiture is claimed, and to give the matter in evidence under it.

SECTION 2. In all prosecutions for any violation of any of the provisions of this act, or any by-law, ordinance or regulation, the first process shall be a summons, unless oath be made for a warrant as in criminal cases before justices of the peace, under the general statutes of the state for the time being.

SECTION 3. When the action is commenced by summons, such summons may be substantially in the following form:

County of Sauk, City of Baraboo, - ss.
The state of Wisconsin, to the sheriff or any constable
of said county, or to the marshal of the city of
Baraboo:

You are hereby commanded to summon A. B., if he shall be found within your county, to appear before the undersigned, police justice in and for said city, at my office in said city, on the- day of, 18-, at noon, to answer to the city of Baraboo in a plea of debt to the damage of said city, two hundred dollars or under.

o'clock in the

Given under my hand, at said city, this

day of —, 18. C. D., Police Justice. SECTION 4. Such summons shall be made returnable and be served in the same manner as is now or hereafter may be prescribed by the laws of this state for the commencement of actions before justices of the peace by summons; and all the proceedings in the action, except as hereinafter provided, shall be governed by the laws of the state for the time being, relative to actions commenced by summons and triable before justices of the peace.

SECTION 5. When the action is commenced by summons, the complaint may be substantially in the following form: The City of Baraboo) against A. B.

In Police Court, before C. D.,

Justice:

The plaintiff complains against the defendant, for that the defendant, on the day of, 18-, at the said city, did violate (section of chapter..., of this act, or section of an ordinance, or by-law, or regulation of said city, describing it by its title), which said is now in force. By reason of such violation an action hath accrued to the city of Baraboo, to recover of the defendant the sum of - dollars debt. Wherefore the plaintiff demands judgment against the defendant for the sum aforesaid, besides the cost of this action.

SECTION 6. In all cases where oath is made for a Form. warrant, the complaint shall be made on oath of the complainant, and no other affidavit shall be necessary, which last mentioned complaint may be substantially in the following form:

The City of Baraboo

against
A. B.

County of Sauk-ss.

, being duly sworn, complains on oath to C. D., police justice in and for the city of Baraboo, in said county, that A. B., on the day of -, 18-, at said city, did violate (section -, of chapter, of this act, or section of an ordinance, or by-law, or regulation of said city, describing it by its title), which said is now in force, as this complainant verily believes; and prays that said A. B. may be arrested and held to answer to said city of Baraboo therefor.

Sworn and subscribed before me, this —, 18-.

day of

It shall be sufficient to give the number of the section and chapter of this act, or the section of the ordinance, by-law or regulation violated in the foregoing forms of complaint, and said complaint may be sworn to before any officer authorized to administer oaths. Upon the filing of such complaint with the police justice, he shall issue a warrant substantially in the following terms:

County of Sauk, City of Baraboo,-ss.

The state of Wisconsin to the sheriff or any constable of said county, and to the marshal of the city of

Baraboo greeting:

Whereas,

has this day complained to Form.

me, in writing, on oath, that A. B., on the

of

day -, 18-, at said city, did violate (section of this act, or section

of chapter

is

- of an ordinance of by-law, or regulation of said city, describing it by its title), which said now in force, as the complainant believes; therefore you are coinmanded to arrest the body of A. B., and bring him before me forthwith to answer to the city of Baraboo on the complaint aforesaid.

C. D., Police Justice.

Upon the retura of said warrant, the justice shall Justice may proceed summarily with the case, unless it be ad proceed.

Printed copy to be evidence.

Witnesses and jurors to attend.

City prosecu

tions.

Form.

If the case be ad

journed by consent or for cause.
journed, the defendant, if required by the court so to
do, shall recognize with security, to be approved by
the court, for his, her or their appearance, in such sum
as the court shall direct, or, in default thereof, may be
put in charge of the officer who made the arrest, or be
committed to the common jail of Sauk county. The
complaint made as aforesaid shall be the only com-
plaint required, and the plea of "not guilty" shall put
in issue all subject matter embraced in the action.

SECTION 7. A printed copy of an ordinance, by-law or regulation passed by the common council, and published in a newspaper or in a pamphlet or book form, purporting to be published by authority of the common council, shall be prima facie evidence of its due passage and publication, and shall be received in evidence on trial of all cases cognizable before any court of this state.

SECTION 8. Witnesses and jurors shall attend before the police justice, in all city and criminal suits, without payment of fees in advance, or a tender thereof, upon process duly served, and in default thereof their attendance may be compelled by attachment.

SECTION 9. In city prosecutions, if the verdict is guilty, the court shall render judgment thereon against the defendant for the fine, penalty or forfeiture prescribed in this act, or in the ordinance, by-law or regulation for the violation of which the person or persons shall have been adjudged guilty; and for costs of suit; but if not guilty, the costs of the suit shall be taxed against the city. Upon the rendition of judgment against the defendant, and the non-payment thereof, the police justice shall forthwith issue execution as in cases of tort, in case the action was commenced by summons, or a commitment in case it was commenced by warrant, and shall in either case determine and enter upon his docket the length of time the defendant shall be imprisoned, which in no case shall exceed six months, and also insert such time in the execution or commitment. Such execution shall be in the following forın :

COUNTY OF SAUK, }
City of Baraboo,

SS.

The state of Wisconsin to the sheriff or any constable of said county, or to the marshal of the said city, and to the keeper of the common jail of said county, greeting:

Whereas, the said city of Baraboo on the day