Contracting debts prohibited. Imprisonment for penalties costs of suit etc.. Street superintendent. ployed, to be paid by said city, and the sum to be fixed by the common council. SECTION 35. No officer of the city or any other person shall have power, and each and every person is prohibited from making any purchase or contracting any debt on the part of the city unless specially authorized by the common council so to do, and no account, claim or demand shall be audited, allowed or paid by the common council unless the same was duly author ized by a vote thereof. In case any alderman shall purposely vote for any appropriation or for the payment or expenditure of any money not authorized by this act, every such alderman shall be liable to a penalty of one hundred dollars to be sued for and recovered in the same manner as other penalties are sued for and recovered, and the city shall not be liable in any such unauthorized appropropriation or expenditure. SECTION 36. In all cases of conviction in actions brought or prosecuted to recover a penalty under any of the provisions of this act, or to recover a penalty or forfeiture for the violation of any city ordinance or regulation, the court shall enter judgment against the defendant and for the fine and costs of prosecution; and if the defendant shall refuse or neglect to pay such fine and costs, the court shall enter a judgment that the defendant be imprisoned in the county jail of Winnebago or city lock-up, in its discretion, for a term not exceeding three months, and shall forthwith commit the defendant for the term fixed by said judgment; and in all cases where the judgment shall be that the defendant shall be imprisoned in the county jail or said lock-up, the court may, in its discretion, enter a further judgment that the defendant pay the costs of prosecution, and that he be held in imprisonment in the said jail or lock-up until such cost be paid or he be otherwise discharged by due course of law. SECTION 37. The street superintendents shall hold their office during the pleasure of the common council. It shall be their duty to superintend and control all repairs to streets, alleys, lanes, public grounds, wells, reservoirs, gutters, sewers and public pumps at the expense of the proper ward, under the direction of the aldermen thereof, and shall see that all the ordinances of the city relating to the obstruction and cleaning of side walks, streets, alleys, public grounds, reservoirs, sewers, gutters and water courses within the city are duly observed and kept. He shall monthly make report to the commissioners of the ward in which any work has been done of the amount thereof, and the number of days employed therein, and if such work is chargeable to and lot, to report the description thereof and shall perform such other and further duties as the common council may prescribe. He shall not be directly or indirectly interested in any contract to work or for furnishing materials for said city under penalty of removal from office. SECTION 38. The bridges within the city limits of Bridges. said city shall be under the charge and control of the city council, and the charges and expenses necessarily incurred in opening, taking care of, repairing and reconstructing said bridges, or any of them, or any part thereof, shall be chargeable to and payable out of the general city fund. School districts SECTION 39. All school districts and parts of school districts situated within the limits of the city of Me- consolidated. nasha are hereby consolidated, and all laws, orders, resolutions, organizing any of said districts, are hereby repealed and made void, and the treasurer of all such districts add parts of districts within the limits of said city shall, within ten days after the board of education herein provided for shall be elected and qualified, deliver to the city treasurer all moneys of said district in their bands as said treasurer; and all district treasurers and other district officers shall deliver, within the same time, all books, papers and records in their hands, to be delivered by said board to the proper officers. SECTION 40. The supervisors elected at each annual election shall be members of the county board of supervisors of Winnebago county, and represent said city in said board. SECTION 41. The inspectors of election, after the first election, shall be the alderman and assessors for each ward, and the inspectors shall appoint two clerks of elections. SECTION 42. There shall be two street commissioners annually appointed by the common council, one to be appointed from the First and Fourth wards and one from the Second and Third wards. SECTION 43. The common council may establish a city lock-up. city lock up for the confinement of all offenders against the laws of this state or any ordinance passed under the provisions of this charter, and all such offenders may be imprisoned in said lock up or in the common jail of Winnebago county, in the discretion of the committing magistrate, whenever such imprisonment is adjudged. CHAPTER XIV. SECTION 1. An act entitled "an act to consolidate the act incorporating the village of Menasha," approved March 24, 1866, and all acts or parts of acts inconsist ent and conflicting with the provisions of this act are hereby repealed; but the repeal of said acts and parts of acts shall not in any manner affect, injure or invali idate any contract, act, suit, claim, penalty or demand that may have been entered into, performed, commenced or that may exist under or by virtue or in pursuance of the said acts, or any of them, but the same shall exist and be enforced and carried out and be completed, as fully and effectually, to all intents and purposes, as if this act had not been passed. SECTION 2. This act shall take effect and be in force from and after its passage. Approved March 5, 1874. Lincoln county boundaries. Organizing CHAPTER 128. [Published March 31, 1874.] AN ACT for the division of the county of Marathon, and the erection of the county of Lincoln. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. All that territory in the county of Marathon lying north of the correction line on the south line of township numbered thirty-one (31) north, shall, as soon as a separate county organization is perfected, as provided in this act, be detached from the county of Marathon, and shall be known and called, when so detached and organized, the county of Lincoln, and shall thereafter constitute a separate county, except that the same shall be and remain attached to the county of Marathon for all judicial purposes under the laws of this state. SECTION 2. For the purpose of organizing such separate county, the town clerk of the town of Jenny, situated therein, shall, not sooner than the first day of October next after the passage of this act, call an election for county officers of said county of Lincoln, and shall give at least twenty day's notice thereof, in the usual manner. Such election shail be held at the place of holding elections in said town of Jenny, and the same shall be governed by all the laws applicable to the election of county officers, and all the qualified electors within such territory so to be detached, shall be entitled to vote at said election. At said election there shall be elected as county officers for said county of Lincoln, a county clerk, a county treasurer, a county superintendent, a county surveyor and a register of deeds, who shall hold their respective offices for two years from the first day of January following, and they shall enter upon the duties of their respective offices aforesaid, as soon as qualified after their election as herein provided. And thereafter the said county of Lincoln shall be held to be organized and established Privileges and and entitled to all the powers and privileges of other powers. counties under the laws of this state, not organized for judicial purposes, and liable to the same duties and responsibilities, but the said county of Marathon shall be and remain intact and unchanged in territory, and in all other respects, until after the said first day of October, next after the passage of this act, and until the said county of Lincoln is organized as herein provided. SECTION 3. At the annual meeting of the board of supervisors of Marathon county, next after the passage of this act, the said board of supervisors of the county of Marathon, and the board of supervisors of the county of Lincoln, shall hold a joint session at the county seat of the county of Marathon, and the proportion of all county property, moneys, taxes, appropriations, debts and liabilities, shall be determined upon and fixed by said boards of supervisors, a record of which shall be kept by the clerks of each county, and the same shall be binding upon each of said counties, as to the rights of each county to such property, moneys and taxes, and responsibility of each under such appropriations, debts and liabilities, and such determination shall be based upon the amount of assessed valuation of property in each of said counties by the last assessment in said territory. Joint conven. tion of supervisors. cial expenses. SECTION 4. At each annual meeting of the county Annual stateboard of supervisors of the county of Marathon, after ment of judithe annual meeting next after the passage of this act, the said board of supervisors of Marathon county, shall make state an itemized bill of all expenses whatsoever for judicial purposes within said counties of Marathon and Lincoln for the preceding year, and a like proportion of the whole of said expenses as the assessed valuation of all property in the said county of Lincoln bears to the assessed valuation of all property in the county of Marathon, on the basis of the last assessment, shall be paid into the treasury of the county of Marathon by the said county of Lincoln; and for such purpose the board of supervisors of Lincoln county shall be authorized to appropriate, levy and collect a sum each year sufficient to pay the same in money; but each of said counties shall pay its own expenses for County purposes. SECTION 5. This act shall take effect and be in force from and after its passage and publication. Approved March 4, 1874. Appropriated. CHAPTER 129. AN ACT to appropriate to Thomas Shimmin a sum of money The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. There is hereby appropriated to Thomas Shimmin,of La Crosse, the sum of three thousand, six hundred and ninety-one dollars ($3,691) out of any money not otherwise appropriated, to reimburse him for losses sustained in doing the stone and mason work of the fence around the capital. SECTION 2. This act shall take effect and be in force from and after its passage. Approved March 6, 1874. Appropriated. CHAPTER 130. AN ACT to appropriate to S. V. Shipman a sum of money therein named. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. There is hereby appropriated to S. V. Shipman out of any money in the treasury not otherwise appropriated, the sum of seventy-five dollars for fountain and iron park settee furnished the state. a SECTION 2. This act shall be in force from and after its passage. Approved March 7, 1874. |