shall become a part of the school fund of said city. It shall be the duty of the board of education to report to the council, at its first meeting in the month of July of each year, the condition of the several schools of said city, and the average number of pupils in attendance, the names and rate of compensation of the several teachers, the cost of supporting each and all of said schools since the previous, report, and the estimated cost thereof to the time of their next succeeding report, as in this section required, specifying the items thereof under their appropriate heads, together with such other matters as they may deem proper, or the council may require; provided, that nothing in this act contained shall be deemed to authorize said board of education, or the council, or both, to appropriate, contract or expend for school purposes, in any one year, any greater sum than is provided for in this charter, in addition to the school moneys derived by said city from the state and county school funds, and such fines, forfeitures, penalties and tuition moneys ar may properly belong to the city school fund, unless first authorized thereto by a vote of two-thirds of the legal voters of said city.

borrow money.

SECTION 145. The council of the city of Merrill, Council may on the application of the board of education, may borrow money for the erection and completion of school-houses in said city, not exceeding in amount the sum of five thousand dollars and may issue the bonds of said city for the payment of the same, bearing an interest not exceeding seven per cent. per annum, payable annually or semi-annually and becoming due within ten years or less, as the council may by ordinance prescribe. In case said bonds are issued, the council of said city shall annually levy and collect a tax on the taxable property of said city, as other taxes are levied and collected sufficient to pay the interest and principal of said bonds as the same may become due; and the money thus raised shall be applied to the purpose for which it was raised and no other; provided, however, that no bonds issued in pursuance to this section shall be sold for less than their par value.

Regarding

MISCELLANEOUS PROVISIONS.

SECTION 146. The credit of the city shall neve credit of city be given or loaned in aid of any individual, ass ciation or corporation, except as provided by th general laws of this state.

Limit of taxes to be levied.

Power to contract debt limited.

Work for city to be let by contract.

Regarding ex

tion.

SECTION 147. No tax for general city purpose shall be levied in any year exceeding two per cent. of the assessed valuation of property in the city in that year.

SECTION 148. The city shall have no power to borrow money or contract any debt which cannot be paid out of the revenue of the fiscal year, which shall commence on the first day of December of each year, except as otherwise herein provided.

SECTION 149. All work for the city or wards which shall be estimated by the council or board of aldermen or the proper officer of the city or wards to exceed one hundred dollars in amount shall be let by contract to the lowest responsible bidder, and due notice shall be given of the time and place of letting such contract, and the city printing shall be let by the year to the lowest responsible bidder; provided that said city shall never pay for publishing proceedings of the common council.

SECTION 150. No extra compensation shall be tra compensa allowed to any officer, agent, servant or contractor after the service shall have been rendered, or the contract entered into, nor shall any compensation be paid to the mayor or any member of the common council, for their services.

Council shall settle claims

against city.

SECTION 151. The council shall settle all just and demands claims and demands against the city, and settle with the treasurer annually, and publish accounts of the receipts and expenditures of the city for the information of the citizens, at least three days before the charter election in each year.

Respecting the violation of city charter.

Form of prosecution.

SECTION 152. In all prosecutions for any violation of any of the provisions of the city charter, for any by-law or ordinance, the first process shall be by a summons, unless oath be made for a warrant, as in other cases.

SECTION 153. All prosecutions for any violation of any of the provisions of the city charter, or any by-law or ordinance, or for the recovery of any penalty prescribed in said charter or any by-law

or ordinance, shall be by civil action and shall be brought in the name of the city of Merrill, and may be brought before any justice of the peace of the county, and the first process shall be by a summons, and the form thereof shall be substantially that prescribed for use in justice court by the statutes of Wisconsin, unless complaint on oath be made, in which case the first process shall be by a civil warrant, and the form thereof shall be substantially that prescribed by the statutes of Wisconsin for use in justices' court. The rules of practice and pleadings in civil actions in justices' court under the statutes of Wisconsin, shall apply to all such actions, and either party may appeal in the same manner as appeals in justices' courts are made and perfected under the statutes of Wisconsin.

SECTION 154. Execution shall issue forthwith Penalty. on the rendition of the judgment, unless the same be stayed or appealed according to the laws of this state. The execution shall require the defendant in any such action, in case no goods or chattels, whereof the judgment can be collected, be found to be imprisoned in the county jail of Lincoln county, for a term not exceeding three months, in the discretion of the justice or judge rendering judgment, unless the same be sooner paid or the defendant be discharged by order of the council.

.

SECTION 155. No person shall be an incompe- Shall not work tent judge, justice, witness, or juror, by reason of incompetency. his being an inhabitant of said city, in any proceeding or action in which the city shall be a party in interest.

election at

idate proceed

SECTION 156. If any election by the people or Failure to hold council shall, for any cause, not be held at the specified time time or in the manner herein prescribed, or if the shall not invalcouncil shall fail to organize or to perform any ings. other act, as herein provided, it shall not be considered reason for arresting, suspending or absolving said corporation; but such election or organization may be had on any subsequent day by order of the council; and if any of the duties enjoined by this act, or the ordinances or by-laws of the city to be done by any officer, at a specified time, be not then done or performed, the council may appoint another time at which said acts may be done or performed.

Relating to suits against city.

Judgment against city of recovered.

SECTION 157. When any suit or action shall be commenced against said city, the service of summons or process therein may be made by leaving a copy thereof with the mayor, or in the absence of the mayor from the city, or in case he cannot be found, by leaving such copy with the president of the council, or acting mayor, or city clerk, whose duty it shall be, forthwith, to inform the council thereof, or take such other proceedings as by the ordinances or resolutions of said council may in such case provided.

SECTION 158. When a judgment shall be recovMerrill-how ered against the city of Merrill, or against any city or ward officer in an action prosecuted by or against such officer in his name of office, where the same should be paid by the city, no execution shall be awarded or issued upon such judgment, except as hereinafter provided. The person recovering such judgment may file a certified copy or transcript thereof with the city clerk, who shall lay the same before the council at its next regular meeting, and unless the council shall determine to appeal from such judgment, it may provide for the payment of the same out of the general fund. Unless so paid the amount of such judgment shall be added to, and included with other city taxes, by the clerk in making the next annual tax roll, and shall be collected as other city taxes, and when so collected shall be paid by the city treasurer to the person to whom the same shall be adjudged, upon the delivery of a proper voucher therefor; but if payment thereof be not made within sixty days after the city treasurer is required to make his return of taxes next after the rendition of such judgment, execution may be issued thereon upon the order of the court authorized to issue such execution, on special application therefor. No real or personal property of any inhabitant of said city, or of any individual or private corporation, shall be levied upon or sold by virtue of any execution issued to satisfy or collect any debt, obligation or contract of said city.

City may purchase real estate.

SECTION 159. The said city may lease, purchase and hold real or personal estate sufficient for municipal purposes, and may sell and convey the same, and the same shall be free from taxation while owned by the city; provided that no debt

shall be incurred in any such purchase which cannot be paid out of the revenue of the fiscal

year.

SECTION 160. No general law of this state contravening the provisions of the city charter, shall be considered as repealing, amending or modifying the same, unless such purpose be expressly set forth in such law.

LICENSE BY WHOM SIGNED.

Charter not to be amended.

SECTION 161. Every license issued under the Licenses-by whom signed. charter or the ordinances of the city, shall be signed by the city clerk and sealed with the corporate seal, 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, vinous or malt liquors, unless the same shall have been authorized by the council, and the applicant shall have filed his receipt as aforesaid, together with a bond as required by the laws of this state, which shall be approved by the council; provided, that the sum to be paid for any such license shall not be less than the amount fixed by the charter, and that all license shall be granted to expire on the first day of April next following, in each year.

USE OF COUNTY JAIL.

SECTION 162. The use of the jail of Lincoln Use of jail. county until otherwise provided, shall be granted to said city for the confinement of offenders, and every such offender shall be delivered to the sheriff of such county, for whose custody, safe keeping and delivery the said sheriff shall be responsible as in other cases.

SECTION 163. The council of said city is hereby authorized and empowered to cause to be made, by some competent person, a plat of all pieces or parcels of land within said city, which are not embraced and described in any of the recorded plats of land in said city, which plats shall plainly define the boundary of each tract or lot of land designated thereon, and each tract or lot of land embraced in said plat shall be designated by number placed thereon. The said plat, when completed, shall be certified to by the person making

Council authorfurther plats.

ized to procure