SECTION 6. No moneys shall be appropriated for No money to be any purpose whatever, except such as are expressly appropriated. authorized by this act.

boundary lines e made.

SECTION 7. The common council may at any time Survey of cause a new and accurate survey to be made of the to be lines and boundaries of all the streets, alleys, sidewalks. public grounds and blocks in said city, and may cause to be established such permanent landmarks as they deem necessary, and to cause an accurate plat or plats thereof to be made and certified to by the surveyor, which shall be filed in the office of the city clerk and recorded in the office of the register of deeds of the county of Sauk.

idence.

SECTION 8. The surveys and landmarks so made Prima facle evand established shall be prima facie evidence of the lines and boundaries of all streets, alleys, sidewalks, public grounds and blocks in all cases in which they shall be drawn into controversy in all courts in this

state.

grade of a'l

SECTION 9. The common council may, at such May establish time as they may deem proper, establish the grades of streets, etc. all streets, alleys and sidewalks of saia city, or any or either of them, and shall cause accurate profiles there. of to be made, and filed in the office of the city clerk; and should the grade so established be at any time thereafter altered, ail damages, costs and charges therefor shall be paid by the city to the owner of any lot or parcel of land or tenement which may be affected or injured in consequence of the alteration of such grade; provided, however, that nothing in this section contained shall be so construed as to prevent the common council of the said city from ordering or causing to be done the grading of any street within said city to a temporary grade to be established by the common council.

SECTION 10. All sums of money necessary for Money necesgrading streets and building walks, not chargeable to recharable individuals, shall be paid from the general fund.

to fund.

and purchase

SECTION 11. The city may have, purchase and City may have hold real and personal estate sufficient for the conven real estate. iences of the inhabitants thereof, and may sell and convey the same; and the same, while owned, occupied or held by said city shall be exempt from taxation.

SECTION 12. Every individual or company of indi- Land within viduals, or body corporate, owning a lot or tract of subdivided. land within the corporate limits of the city of Baraboo, who may desire to subdivide or plat such tract, lot or tract of land into city lots, shall, in platting the same,

Deeding or leasing land.

May authorize property deeded.

Election may be held at sabsequent day.

Mayor may ap point police officere.

No general law affects this law.

Actions against company or cor

cause the streets and alleys in such plat to correspond in width and general direction with the streets of the city.

SECTION 13. When the city of Baraboo deeds or leases any real estate, or any interest therein owned by said city, the party of the first part shall be the city of Baraboo, and the person or persons authorized to execute such deed or lease need not be named in the body thereof.

SECTION 14. The mayor of said city is hereby authorized, when the common council shall, by ordinance or resolution for that purpose, describe the real estate and interest to be conveyed, order and direct him so to do, to execute a deed or lease of such real estate or interest therein belonging to said city. The said deed or lease shall be signed by the mayor of the city, and countersigned by the city clerk, and sealed with the corporate seal of said city, and duly witnessed and acknowledged as is provided for the execution of deeds and conveyances.

SECTION 15. If any election by the people for common council shall, for any cause, not be held at time or in the manner herein prescribed, or if the council 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 anyof 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 action may be done and performed.

SECTION 16. The mayor, with the approval of the aldermen, may appoint as many police officers and night watchmen as he may deem necessary to the welfare of the city, whose appointment shall be either written or printed, and countersigned by the city clerk; and such police officers and watchmen shall have all the powers of a constable within the city of Baraboo.

SECTION 17. No general law of this state con travening the provisions of this act shall be considered as repealing, annulling or modifying the same, unless such purposes be expressly set forth in such law as an amendment to this chapter or this act.

SECTION 18. In cases where an action might be poration made brought by the city of Baraboo against any person, company or corporation, such action may be commenced and prosecuted in the name of the city by any elector of said city; provided, that when the complaint is made by any person other than an officer of said city, the justice may require security for costs as in civil cases before justices of the peace. In case that the complainant be not an officer of said city, and if the defendant be acquitted, and the police justice or justice of the peace shall certify in his docket that the complaint was wiltul and malicious and without probable cause, then judgment for all costs in the case shall be entered against such complainant, which judgment shall be collected in the same manner as a judgment against the defendant would have been collected had he been found guilty under said complaint, and the same proceedings to enforce such judgment shall be had as it would have been legal to have had, had defendant been found guilty.

SECTION 19. The act is hereby declared a public This act a pubact, and shall be liberally construed in all courts of lic act. this state.

Clerk pro tem

may be ap

SECTION 20. Whenever the city clerk may be ab sent or incapacitated from performing the duties of his pointed. office, the common council may appoint some suitable person to perform for the time being the duties of the office, and the acts of the person so appointed shall be of full effect and legality.

boundaries of

SECTION 21. The common council shall have the May change right and power, at any time after said city shall have several wards been organized under this act, by ordinance to change in city. the boundaries of the said several wards of the city, and to make and establish new wards therein, whenever the common council may deem best; provided, that whenever the common council proceed to alter or change the boundaries of said wards, or to establish new wards in said city, due regard shall be had to the population and the valuation of property in each ward, so that all the wards in said city, when so changed or established, shall be as near equal in their respective populations and assessments as practicable.

SECTION 22. Every member of the common coun. Penalty for cil of the city of Baraboo who shall, directly or indi- council voting rectly, vote to himself, or knowingly to any other per- ments to himson, any sum of money for any purpose whatever, in se.f. violation of the city charter or any amendment thereof, or shall ask or receive any compensation for doing any official act, except as inspector of elections, member of the board of registry, and as a member of the board of

License-how signed and by whom.

Assignee of li

equalization, or for extra work on committee; any member of the common council or any other city officer who shall be, directly or indirectly, interested in any contract made with or in behalf of said city, and any member of said council or other city officer who shall, directly or indirectly, purchase or be interested in the purchase of any city order or city indebtedness for less than the full amount thereof, shall be deemed guilty of a misdemeanor in office, and may be prosecuted either by indictment or complaint before the police justice, or any justice of the peace having jurisdiction, and upon conviction thereof shall be punished by fine not exceeding one hundred dollars nor less than twenty dollars, or by imprisonment in the county jail not more than thirty days nor less than ten days, or both, at the discretion of the court, and shall forfest his office, and any contract made in violation of the provisions of this section shall be void.

SECTION 23. Every license issued by the authority of this act, or the ordinances of the city, shall be signed by the city clerk and sealed with the corporate seal of the city, but no such license shall be issued by said clerk until the person applying for the same shall have deposited with the clerk the receipt of the city treasurer for the amount required to be paid therefor. Nor shall any license be issued for dealing in, selling or vending spirituous or malt liquors, until the same shall have been authorized by the common council, and the applicant shall have filed a receipt as aforesaid, together with a bond as required by the laws of this state, which bond shall be approved either by the mayor or common council; every such license shall contain a clause prohibiting the selling, vending or giving away of any spirituous, vinous or malt liquors on general or special election days.

SECTION 24. No assignee of any license shall be permitted to pursue the occupation or business licensed, except by a vote of two-thirds of the common council. SECTION 25. Any person who shall be guilty of drunkenness, or immoderate drinking, improper reveling, obscenity, or noisy, boisterous or disorderly conduct in the streets or public places of the city of Baraboo, shall be deemed guilty of a misdemeanor, and on conviction thereof before the police justice of said city, shall be punished by a fine of not less than one, nor more than one hundred dollars, or by imprison. ment in the county jail of Sauk county not less than two days nor more than three months.

tort shail He.

SECTION 26. No action in tort shall lie or be main. No action of tained against the city of Baraboo, unless a statement in writing, signed by the person injured or claiming 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.

damages on

SECTION 27. The city shall not be liable for any City not liable damages arising or growing out of any sidewalks, sidewalks unstreets, drains, sewers, gutters, ditches or bridges in less notified. said city being in a defective or dangerous condition or out of repair, unless it be shown that previous to the happening of the same, the common council, or one member thereof, or the street commissioner, had actual knowledge thereof; and no knowledge of such condition shall be presumed unless the defect out of which the same occurred, existed four weeks before such damages occured.

der certain con

SECTION 28. In case of injury or damage by rea- Not liable unson of insufficient, defective or dangerous condition of ditione. streets, sidewalks, drains, sewers, gutters, ditches or bridges, produced or caused by the wrong, neglect of duty, default or negligence of any person or corporation, such persons or corporation shall be primarily liable 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 therefor until all legal remedies shall have been exhausted to collect such damages from such person or corporation.

to keep side

SECTION 29. The duty of always keeping the side- Owners of lots walks, gutters, drains and ditches on or adjacent to the walks in repair, lots and premises of any person, in safe condition and etc. good repair, is hereby expressly enjoined and imposed upon all owners or occupants of said lots and premises.

town meetings

SECTION 30. The citizens of the town of Baraboo Right to hold shall have the privilege to hold all town meetings and in city of Bir all general and special elections at such place in the boo. city of Baraboo as they may determine, and the officers of said town of Baraboo may transact all town business in said city and with the like effect as if held or done in the town of Baraboo.

removed to

SECTION 31. The paupers of said city shall be re- Paupers to be moved to the poor house of the county of Sauk by poor house. the mayor or aldermen, in like manner as they are removed from the several towns in said county.

SECTION 32. All officers of the village of Baraboo Officers to hold shall hold their respective offices until the city officers seseors.