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CHAPTER 191.

CHAPTERS

191, 192.

AN ACT to authorize the laying out a State Road from the town of Howard,
Brown county to the Menomonee River.

The people of the State of Wisconsin, represented in Senate
and Assembly, do enact as follows:

road.

SECTION 1. John G. Emery, Uri Balcom, and Eli Commission to P. Boyce are hereby appointed commissioners to lay lay out a State out a state road commencing at Fort Howard in Brown county, running thence in a northerly direction through lots 2 and 7 in section 34, township 28, north, range 20 east, thence in a north-easterly direction to the Peshtego river, at or near Ogden's Mills and thence to Menomonee in the county of Oconto, on a route and line which to said commissioners shall seem most feasible and best.

§ 2. No part of the expenses of laying out said road Expense. all be paid from the State Treasury.

3. This act shall take effect from and after its sage.

oproved March 17, 1859.

CHAPTER 192.

end chapter 318 of the private and local laws of the year
itled "An act to authorize the establishment of a House of
or Juveniles and other delinquents in the county of Mil-

he State of Wisconsin, represented in Senate
bly, do enact as follows:

It shall be lawful for the commission- Erection of a
of Refuge of Milwaukee county, un- house of refuge.
of the board of supervisors of said

for the erection of said House of

r the same in county bonds at par.

y treasurer of the county of Mil- Treasurer to uthorized to deliver to the order of deliver bonds for said purpose such bonds as shall be ordered by

sors for said purpose.

hall be issued in the same form Issue of bonds. led for in chapter 318, of the pri

1855.

84. All acts and parts of acts conflicting with the CHAPTER 198. provisions of this act are hereby repealed.

5. This act shall take effect and be in force from

and after its passage.

Approved March 17, 1859.

Repealed.

CHAPTER 193.

AN ACT to incorporate the Village of Oconto.

The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

SECTION 1. That all that tract of land known and Body corporate described as follows: sections nineteen (19) and twenty (20), township twenty-eight (28), north of range twentytwo (22) east, in the county of Oconto, shall hereafter be known and designated as the Village of Oconto, and the inhabitants residing, or who may hereafter reside, within said village, are hereby constituted a body corporate, to be known and recognized by the name or title of the "President and Trustees of the Village of Oconto," and by said name or title they, and their successors forever, shall and may have perpetual succes sion, and shall be persons in law capable of sueing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all courts and places, and in all suits whatsoever, and in all suits against said corporation, the first process shall be by summons, and an attested сору thereof shall be served upon the President or clerk of the corporation at least ten days previous to the return day thereof.

2. The village of Oconto shall be divided into Wards. two wards, to wit: lots two (2), three (3), four (4), five (5), six (6), seven (7), eight (8) and the northeast quarter of the northeast quarter and the west half of the northeast quarter of section nineteen (19) township twenty-eight (28) north of range twenty-two east, shall constitute one ward, and shall be known and designated as the west ward; and all that part of said village described as follows, to wit: lots one (1) and nine (9) and the southeast quarter of the southeast quarter of section nineteen (19) and section twenty (20) township twenty-eight (28) north of range twenty-two (22) shall

CHAPTER 198. constitute one ward, and shall be known and designated as the east ward; and all taxes hereafter levied and collected by the board of trustees hereinafter named, for the purpose of building or repairing bridges, grad ing or improving roads, streets, alleys, sewers or sidewalks in said village, shall be expended within the limits of each ward, respectively, in which the same may be assessed and collected, and all property within the limits of said village shall, and the same is hereby forever exempt from paying a road tax in any town or township within this State.

ficers.

Election of of- § 3. It shall be lawful for the qualified electors of said village to meet at the school house in district num ber one in the west ward, and at the school house in district number two (2) east ward of said village, on the first Tuesay of May, A. D. 1859, and annually thereafter on the first Tuesday in April, at such places as the board of trustees shall appoint, and then and there proceed, by plurality of votes, to elect, by ballot, a President, who shall be ex officio a trustee,six trustees,a treas urer, maishal, two assessors, two justices of the peace,and one superintendent of schools, who shall hold their office for one year, and until their successors are elected and qualified, except justices of the peace, who shall hold their office for two years, as hereinafter provided, all of said officers to be electors of their respective wards; the east ward electing three trustees, one asses sor, and one justice of the peace; and the west ward electing three trustee, one assessor and one justice of the peace. No person shall be eligible to the office of president or trustee unless he is an elector and a freeholder in said village: in all cases he shall possess the qualifications prescribed by law in relation to electors. First meeting § 4. At the first meeting of the trustees, (which shall be in ten days after election), they shall, by ballot, elect a clerk, who may hold his office for one year, and until his successor is elected and qualified, being subject to be removed at any time by vote of a majority of the trustees of both wards, and who shall receive the same compensation for like services as is by law allowed to town clerks.

of Trustees.

tion.

Judges and § 5. At the first election to be held under this act, Clerk of elec- the electors of each ward shall choose, viva voce, two judges and a clerk of said election, who shall take an oath or make affirmation faithfully to discharge the duties required of him by this act; and it shall be the

duty of the clerk of election, in and for the west ward, as soon as may be after the election, to make and de liver a full return of the election in said ward, to the clerk of election in and for the east ward, and it shall be the duty of the last named clerk to make out a full statement of the election, to be returned to the board of trustees at their first meeting, and to notify within three days after the election, all persons elected under this act.

CHAPTER 198.

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6. It shall be the duty of the president elect to Duty of Presicall a meeting of the trustees elect, to assemble within dent. the time aforesaid, at such time and place as he may designate, and at all subsequent elections the trustees of each ward shall be judges of election in their respective wards if present, if not, the electors present may choose judges thereof, viva voce, and the clerk, it present, shall be clerk of the election in that ward in which he may reside, and if not present, the judges of election may choose a clerk, and in the other ward the said judges shall appoint a clerk of the election. And at all elec. tions held under this act, the polls shall be opened between the hours of nine and ten in the forenoon, and closed at four in the afternoon of said day, and at the close of the polls the votes shall be publicly counted, and a true statement of the result proclaimed to the electors present by one of the judges. And it shall be the duty of the clerk appointed by the judges of election, to make out and return, as soon as may be, to the clerk of the board of trustees, a full and true statement of the elec tion in the ward wherein he shall have been clerk; and the clerk of the board of trustees shall make a true entry of the election, and within three days after such election, notify the persons elected of their election, respectively, and in case any two or more persons shall receive the same and the highest number of votes for any office herein named at any election, it shall be decided by lot who of such persons shall fill such office, to be decided by the judges of election, and it shall be the duty of the clerk to publish, at least ten days previous to the day of holding such elections, by posting a notice in at least three public places in each ward of said village,or by publication in a newspaper published in said village, as the board of trustees may direct.

§ 7. In case of a vacancy or vacancies in any of the Vacancies in offices herein named, it shall be the duty of the board of office.

trustees to fill the same by appointment, except the

CHAPTER 198. office of justice of the peace, which shall be filled as hereinafter provided: Provided, That the office of president shall be filled by a trustee,and the office of the trus tee shall be filled by a person eligible to such office to be chosen by the trustee or trustees of the ward in which the vacancy shall have occurred.

Ibid.

Oath of office.

Duty of President.

Duty of Clerk.

8. In case of a vacancy in the office of justice of the peace, it shall be the duty of the president to call a special election to fill such vacancy, in the ward in which the same occurred, by causing to be posted up a notice in three public places in said ward, at least ten days previous to said election.

89. Every officer elected under this act, or appointed by virtue or in pursuance of its provisions, shall, within ten days after his election or appointment, and before he enters upon the duties of his office, take and subscribe an oath or affirmation in the form following, which oath or affirmation shall be filed in the office of the clerk of the board of trustees: I do solemnly swear (or affirm) that I will support the constitution of the United States and the constitution of the State of Wisconsin, and faithfully discharge the duties of

of the village of Oconto, according the best of my ability. And the treasurer and marshal, before they enter upon the duties of their offices, shall execute and deliver a bond to the president and trustees in such sum and with sureties and conditions as a majority of said trustees may direct.

$ 10. It shall be the duty of the president to preside at all meetings of the trustees, but he shall have none other than a casting vote and to see that the by-laws and ordinances are duly observed and en. forced.

§ 11. It shall be the duty of the clerk to record the returns made to the board of trustees of the election had under this act and to transmit notice thereof immediately after the qualification of any marshal chosen or appointed and after the election of any justice of the peace in said village to the clerk of the circuit court of the county of Oconto, to keep a record of the doings of the board of trustees and of the by-laws, ordinances and regulations, and also the doings and votes of the electors of said village at their annual and other elections, and to file and preserve all papers which may be ordered on file by the trustees, he shall also make out all taxes for village or other purposes within said cor

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