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City boundaries.

aries hereinafter described, shall be a city by the name of the city of Waupaca, and the people now inhabiting, and those who shall hereafter inhabit the district of country herein discribed, shall be a municipal corporation by the name of the city of Waupaca, and shall have the general powers possessed by municipal corporations at common law, and in addition thereto, shall possess the powers herein specially granted, and the authorities thereof shall have perpetual succession, shall be capable of contracting and being contracted with, suing and being sued, pleading and being impleaded in all courts of law and equity, and shall have a common seal, and may change and alter the same at pleasure.

SECTION 2. The territory lying in the county of Waupaca, and being all of sectious nineteen (19) and twenty (20), except the north half of the northeast and northwest quarters of said sections, all of sections twenty-nine (29) and thirty (30), and the north half of the northeast and northwest quarters of sections thirty-one (31) and thirty-two (32), of township twenty-two (22) north, of range twelve (12) east, shall comprise the territory and limits of the city of Waupaca.

SECTION 3. The city shall be divided into four wards, as follows: The First ward shall be all that portion of said city embraced within sections nineteen (19) and thirty (30), south of the Waupaca river, and north of the following line, viz: commencing at the junction of Division and Union streets, running west on Union street to Franklin, north on Franklin to Fulton, and west on Fulton street to west line of said city. The Second ward shall be all that portion of said city embraced in sections twenty-nine (29) and thirty-two (32), lying south of Waupaca river and east of the west line of said sections." The Third ward shall be all that portion of said city lying north of Waupaca river. · The Fourth ward shall ernbrace all that portion of said city in sections thirty (30) and thirty-one (31), and not included in foregoing ward boundaries.

SECTION 4. The corporate authority of said city porate authority vestod. shall be vested in one principal officer, styled the

mayor, in one board of aldermen, consisting of one member from each ward, who, with the mayor, shall be denominated the common council, together with such other officers as are hereinafter mentioned, or may be created under this act.

Ward boundaries.

In whom cor



SECTION 1. The elective officers of said city shali be City officersa mayor, a treasurer, an assessor, a police justice of terms and

qualifications. the city at large, and one alderman from each ward, who shall be ex-officio supervisor, and shall be entitled to represent his ward on the county board of supervisors, and one justice of the peace for each ward, which said officers shall hold their respective offices as follows: The mayor, treasurer, assessor and aldermen, for one year; the police justice and justices of the

peace, for two years. The mayor, treasurer, assessor and police justice shall be qualified voters and residents of said city, and the ward officers shall be qualified voters and residents of the respective wards for which they are elected. SECTION 2. The qualified voters of the city of Wau- City elections

how conducted paca shall lıold an election on the first Tuesday of April in each year, for the election of city and ward officers. Said elections shall be held for the officers herein designated, at such place, convenient for the electors, as shall be designated by the common council, and shall be presided over by the mayor and aldermen, or, in case of their absence or disability, the voters present at the hour of opening the polls shall elect, viva voce, a sufficient number of inspectors to make five with the alderman or aldermen, or said mayor present, who shall be sworn in accordance with the laws of this state. Such inspectors shall appoint two clerks of election, who, before entering upon the discharge of their duties as such clerks, shall also be severally sworn in accordance with the laws of this state, and such inspectors shall see the names of the voters registered, and the ballots safely deposited in the ballot-box; shall decide all questions that may arise as to the legality of the votes presented; shall count the ballots at the close of the polls, and shall certify and seal two returns, and the day following the election shall direct and return one of said returns to the city clerk of the city of Waupaca, the other to the county clerk for the county of Waupaca. Three of said board of inspectors shall constitute a quorum at any election. The mayor of the city and the members of the common council shall constitute a board of canvassers, who shall, within five days at

ter euch election, meet at the common council clamber and canvass such returns, and after the aforesaid returns have been canvassed by said board, the mayor shall notity, by certificate, the persons elected to the respective offices. The polls shall be kept open from nine o'clock in the forenoon until five o'clock in the afternoon. Said elections shall be conducted in accordance with this act and the existing laws of the State of Wisconsin, and any frauds or violation of said laws at such elections shall be punishable in the same manner as any violation of the election laws of the state. The ward officers shall be voted for on the same ticket with the city officers, but the ticket shall have designated thereon the number of the ward for which it is voted; and there shall be baliot-boxes for each ward numbered to correspond with the different wards of the city, and the tickets shall be put into the boxes corresponding to the number of the ward for which it is voted; and the ballot of each elector shali be put into the box of the ward of which he is a resident; and there shall be kept separate poll-lists for each ward.

SECTION 3. In the event of a vacancy in the office Election to fill

of mayor, police justice or alderman, by death, removal or other disability, the common council shall order a new election and shall give five days' notice thereof. Any vacancy in other offices shall be filled by the common council. The person appointed or elec:ed to fill a vacancy shall hold his office and discharge the duties thereof for the unexpired term, with the same rights and subject to the same liabilities as the person whose office he may be elected or appointed to fill.

Section 4. All elections by the people shall be by ballot, and a plurality of votes shall constitute an election. All elections by the council shall be viva voce.

When two or more candidates for an elective office shall receive an equal number of votes for the same office, the election shall be determined by the casting of lots in the presence of the council, at such time and in such manner as they may direct.

SECTION 5. All persons who are qualified electors Qualification

of the State of Wisconsin, and who shall be bona fide of electors.

residents in the city at the time of any election of the city of Waupaca and in the ward

ward for which they offer their vote shall be deemned qualified electors of said city and ward


Tie rote.


SECTION 6. If either of the inspectors of election Challenge of shall suspect that any person offering to vote does not votes. possess the necessary qualifications of an elector, or if such vote be challenged by an elector, the inspectors, before receiving any such vote shall require the voter offering his vote to take the following oath: “You,lo solemnly swear (or affirm as the case may be) that you are twenty-one years of age; that you are a citizen of Oath of elector. the United States (or have declared your intentions to become a citizen, conformably to the laws of the United States on the subject of naturalization), that you have resided in the State of Wisconsin one year next preceding this election; and that you are now an actual resident in the city of Waupaca, and within ward No.-, and that you have not voted at this election; and that you have made no bet or wager depending on the result of this election.” And if the person offering to vote shall take such oath, his vote shall be received; and if such person shall take such oath falsely, he shall be deemed guilty of willful and corrupt perjury, and, upon conviction thereof, shall suffer the punishment provided by law for persons guilty of perjury. If any person, not a qualified voter, shall vote at any election, or it'any person duly Penalty for il

. qualified shall vote for any other ward than the one in which he resides or shall vote more than once at any election, he shall be deemed guilty of a misdemeanor, and on conviction thereof he shall forfeit and pay a sum not exceeding one hundred dollars, nor less than twenty-five dollars. It shall be the duty of the inspectors to keep a list of the names of all persons whose votes may be challenged as aforesaid, and shall swear in their votes. And if any inspector shall knowingly and corruptly receive the vote of any person not authorized to vote, or shall make out false returns of any election, or if any clerk shall not write down the name of every voter as he votes, or shall willfully make untrue and incorrect counts and tallies of votes, each and every inspector or clerk shall be liable to prosecution, and on conviction thereof shall severally forfeit and pay a sum not exceeding five hundred dollars nor less than one hundred dollars. All such prosecutions shall be tried in the circnit court for the county of Waupaca, wless reinoved as in other cases, under the statute relating to change of venue.

SECTION 7. Special elections to fiil vacancies or for Special elecany other purpose, shall be held and conducted by the


Officers to hold over.

When office

board of inspectors or a quorum thereof, as provided by this act and returns thereof shall be made in the same time, manner and form as of general or annual elections.

SECTION 8. There shall be an alderman and justice of the peace elected for the fourth ward of said city, at the election on the first Tuesday of April next. The aldermen for the other wards, who shall hold over by virtue of their election on the fourth Tuesday of last March shall be the aldermen fo: their respective wards for the year ensuing the next election, viz: first Tuesday of April, 1876, and until their successors are elected and qualified.

SECTION 9. Any officer removing from the city and deemed vacant any ward-officer removing from the ward for which

he was elected, and any officer who shall neglect or refuse to qualify on or before the second Tuesday of April next after his election, shall be deemed to have vacated his office, and the common council shall proceed to fill such vacancy as herein provided. All officers appointed or elected to fill any vacancy shall enter upon the duties of such office immediately after receiving notice of such election or appointment.

SECTION 10. The term of every officer elected under this law shall coinmence on the second Tuesday of April of the year for which he was elected, and shall, unless hereafter or heretofore otherwise provided, continue for one year and until his successor is elected and qualified. And each of said officers shall have such powers and perform such duties as are prescribed in this act or may be prescribed in any ordinance of said city, not inconsistent with this act, or which may not be incompatible with the nature of their respec

tive offices. When council

SECTION 11. Should there be a failure by the peomay order new election.

ple to elect any officer herein required to be elected, on the day designated, the common council may order a new election to be held, ten days' notice of the time and place of holding the election being first given, and said election shall be conducted in all respects, so far as practicable, in the same manner as annual elections are herein provided for.

Terms of office.



Officers to take oath of office

SECTION 1. Every person elected or appointed to any

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