USA > Wisconsin > Langlade County > History of Langlade County, Wisconsin, from U. S. government survey to present time, with biographical sketches > Part 22
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Section 2. The president of the common council shall possess all of the powers, and perform all the duties of the mayor, in his absence or inability to act.
Section 3. The city clerk shall attend all the meet- ings of the common council, and keep a correct record of its proceedings. He shall have custody of the cor- porate seal, and of all the papers and records of the city, that by provision of law, or by direction of the common council are required to be kept in his office, or filed by him. He shall see that all ordinances, or- ders, resolutions, notices and other matters requiring publication, are promptly and correctly published in such paper or papers as the common council may have directed, and that due proof thereof be made and re- corded as in this chapter provided. He shall record all papers and proceedings required by any of the pro- visions of this act, to be recorded in his office. He shall serve in the capacity of clerk of all such boards or committees as the common council may direct. He shall attest all orders drawn upon the treasury, and sign all licenses granted by the common council, and keep correct record thereof, in books provided for that purpose, in such a manner as may be designated by the common council. He shall keep a detailed ac- count of the financial condition of the city and of the amounts expended through orders drawn upon the treasury; of all balances remaining unexpended, of the condition of any fund or separate appropriation for particular purposes, of the amounts received into the city treasury, as appears by the reports of the trea- surer, and all other facts desired by the common coun- cil at any regular meeting or at any time. He shall do and perform any other or further act or service in relation to any details in the matter of keeping books of account, records or proceedings which the common council may, by ordinance or resolution require. He shall make copies of the assessment roll of the city, as may be required by the law of the state by the common council. He shall keep a record in detail of
the bonded indebtedness of the city, in such a manner as will show the amounts required to be paid each year for interest and principal, or to invest in a sink- ing fund. He shall, before the levy of any annual tax by the council make report of all amounts in detail, which the city will be required to pay towards any indebtedness and such facts and statements of past expenditures as will enable the council to make pro- per estimates for tax levies. He shall keep a record of all the proceedings in matters relating to the con- demnation of private property for public use all pro- ceeding in any improvement by which the expense or any portion thereof, shall be chargeable to any real estate. He shall at the regular meeting each month, make a report to the common council of the amount of money belonging to the general fund, in the city trea- sury at the last meeting, the amount of orders drawn on said fund since the last meeting, and the balance on hand at the date of meeting. He shall have power to administer oaths and affirmations in the discharge of the duties of his office, and may, when authorized by the common council, appoint a deputy city clerk, who, when so appointed shall possess all the powers and authority of city clerk. The city clerk may, in addition to his salary, receive such fees as the common council may prescribe for filing chattel mortgages and making certified copies of the same or for any service in connection with his office not in this act specified, or hereafter required by the common council.
Section 4. The city treasurer shall receive, and safely keep until lawfully paid out, all moneys be- longing to the city, and keep accurate accounts there- of with an accurate account of all disbursements in such a manner as the common council direct. He shall collect all licenses, duties, commissions and moneys due the city, all general and special taxes, assessments, which may be lawfully charged, levied or assessed upon the real and personal property in this city, and chargeable therewith, and exercise the same powers and be subject to the same liabilities as trea- surers of towns, except when special directions and duty imposed by this act. He shall pay all orders drawn upon the treasury, by authority of the common council, or as may be required under any special pro- vision of this act. He shall report to the common coun- cil, at the end of each month the actual amount of money in the treasury, together with the amount re- ceived and paid out. He shall accompany such re- ports with all others redeemed and paid by him, which said account and orders with any and all other vouch- ers held by him, shall be delivered over to the city clerk, and filed in his office, after the same shall have been examined by the common council. And all such orders so presented, when credited to the treasurer, shall be cancelled by the common council in such a manner as the common council shall direct. He shall at the end of his official term, or oftener, as may be required by the common council, make a detailed re- port of all the transactions of his office, and at the end of his term of office shall thereupon deliver over to his successor in office all money or property belonging to the city, as well as all books, records, papers, or
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HISTORY OF LANGLADE COUNTY.
documents, in any way pertaining or belonging to the office. The treasurer shall, in addition to the duties herein enumerated, do and perform all the duties pro- vided to be done and performed by him in any por- tion of this act. The fees of the city treasurer shall be as follows: For collecting the highway tax he shall receive two per cent on the amount collected, for all taxes in the general tax roll collected on or before the tenth day of January in each year he shall receive one per cent, on the amount collected for all taxes collect- ed between the tenth day of January and the tenth day of February in each year he shall receive two per cent, on the amount collected, and for all taxes collected after the tenth day of February in each year he shall receive three per cent, on the amount collected.
Section 5. The city marshal shall perform such du- ties as shall be prescribed by the common council for the preservation of the peace. He shall possess all the powers and authority of constables of towns, and be subject to the same liabilities. It shall be his duty to execute all writs and processes to him directed, and when necessary in criminal cases, or for the violation of any ordinance of said city, or laws of this state, may pursue and serve the same in any part of the state. It shall be his duty to suppress all riots, dis- turbances and breaches of the peace, and to remove all obstructions in the streets and alleys of said city, to apprehend with or without warrant, any person in the act of committing any offense against any ordinance of said city or the laws of this state, and forthwith bring such persons before a justice of the peace for examination or trial, and for such service he shall re- ceive such fees as are allowed by law to constables for like services in this state; provided that if said city marshal perform any labor by direction of the common council or required by law, for which no fees are allowed, he shall receive such compensation as the common council shall determine. He shall have power to appoint one or more deputies, subject to the approval of the common council, but for whose official acts he shall be responsible and for whom he may re- quire bonds for the faithful discharge of their duties. Such deputies shall also take and subscribe the pro- per oath of office which will be filed in the office of the city clerk, and when duly qualified as aforesaid such deputies shall possess all the powers and author- ities and be subject to the same liabilities as the mar- shal.
Section 6. The supervisors elected under this act shall be members of the county board of supervisors, and, as such, shall have powers of the chairmen of the board of supervisors in the several towns of this state, except as qualified by the provisions of this act; and in case of any vacancy, in either of the wards, in said office, or inability of the supervisors elect to act, the senior alderman from such ward shall be and act as such supervisor until the vacancy is filled or disability removed, and such alderman shall have all the powers and discharge all the duties of the office of supervisor.
Section 7. The assessors elected under this act
shall, in all things pertaining to their offices, be gov- erned by the same laws as assessors under the gen- eral laws of this state, and their compensation shall be established by the common council.
Section 8. The board of review shall consist of the mayor, clerk, assessor and senior alderman from each ward. They shall meet on the day fixed by law for that purpose, and in all things be governed by the general laws of this state. The members of the board of review shall receive five dollars each for their serv- ices during all the sessions of the board for the year, and no more.
Section 9. Each of the justices of peace provided for in this act shall hold a court for trial and de- termination of such actions civil and criminal, as they have jurisdiction of as justices of the peace under the general laws of the state or the provisions of this act. All the general laws of the state of Wisconsin, rela- tive to the proceedings in justice courts in civil and criminal proceedings shall apply to the courts of such justices except as otherwise provided in this act.
Section 10. The justice of the peace of said city shall have exclusive original jurisdiction of all crimin- al cases arising in said city, to try and determine, or commit for trial, as may be, any or all cases, civil or criminal, arising under the ordinances, rules or regu- lations of said city. All the general provisions of law concerning the trial of criminal offenses, and the con- ducting of criminal prosecutions, appeals from the judgments of the justice, the fees of officers and pro- ceedings in which upon trial the justice finds he has not final jurisdiction of the case shall govern trials under this act. When an act or omission, declared to be an offense by the general laws of the state, is also made an offense by the provisions of this act or the ordinances of the city passed pursuant thereto, a con- viction or acquittal in a prosecution under the gener- al laws shall be a bar to a prosecution under this act, or such ordinances. The persons accused shall have the same right to a removal of the case for prejudice as provided by the general laws of the state. All fines collected on convictions for such acts or omissions shall be paid into the city treasury, and become a part of the general fund thereof.
Section 11. The common council shall, annually be- fore any highway taxes are expended, appropriate and set apart from the whole amount of highway tax le- vied such sum or portion as it shall deem necessary, not to exceed one-fourth of the amount so levied, to be expended by the common council on Fifth Avenue and the extension thereof to the city limits east and west, and Clermont Street and the extension thereof north and south to the city limits, all other boundary streets between wards in said city. All highway taxes shall be expended in the wards where raised and paid except the amount which may be appropriated by the common council for the streets above mentioned. The city clerk shall deliver to the street commissioner in each ward, on or before the first day of June each year, a statement of the amount of the highway taxes belonging to his ward, and file a duplicate thereof
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HISTORY OF LANGLADE COUNTY.
with the city treasurer. The aldermen and street commissioner in each ward shall constitute a commit- tee for the purpose of laying or expending the high- way tax therein. Same committee shall direct the ex- penditure of all highway taxes in its ward, and the street commissioner shall have charge and control of all work so directed and for that purpose shall have authority to employ men and teams, and to procure such tools as shall be necessary, but the committee shall fix and limit the wages to be paid, and in all cases, and make all purchases of tools or implements used or bought. The street commissioner shall pre- pare and submit to the aldermen of his ward, a month- ly statement of the amount expended by him, show- ing the number of days work done by men, the num- ber of days team work, the names of the men and owners of teams so employed, and all other work done. When such statement shall be approved by the aldermen of such ward, by indorsing their approv- al thereon, the street commissioner shall file the same ' and with the city clerk. The city clerk shall issue or- ders to all persons named in such statement for the amount to which each person named therein shall be entitled and when such orders are countersigned by the mayor, they shall be delivered to the persons nam- ed therein and the amounts charged to the highway fund of said ward.
CHAPTER VIII. ORDINANCES.
Section 1. Every ordinance of the common council shall, before it takes effect, be duly signed by the mayor and attested by the city clerk; provided, how- ever, that no ordinance shall be in force until it shall have reached at least one publication in a newspaper published in the city of Antigo, and proof of such pub- lication, by the affidavit of the publisher, printer or foreman of such newspaper be filed with the city clerk; and the ordinance and the proof of publication thereof shall be recorded in a book kept for that pur- pose.
Section 2. The style of all ordinances shall be "The common council of the city of Antigo do ordain as follows," etc.
Section 3. A printed copy of an ordinance passed by the common council and published in a newspaper, or in a pamphlet, or book form, purporting to be pub- lished by authority of the common council of said city, as certified by the clerk prima facie evidence of its passage and publication, and shall be received in evidence on the trial of all cases cognizable before any court in the state.
CHAPTER IX.
PROCEDURE FOR VIOLATION OF ORDI- NANCES, LAWS, ETC.
Section 1. The city of Antigo may sue for to re- cover any and all penalties, or forfeitures, under the charter of said city, or any amendment thereto, or the ordinances, by-laws, police or health regulations, made
in pursuance thereof, in the corporate name of said city of Antigo, any general law of the state to the con- trary notwithstanding, and such action shall be com- menced by complaint, substantially in the following form :
State of Wisconsin,
City of Antigo, and
County of Langlade .- SS.
being duly sworn complains on oath, to a justice of the peace
in said city, that on the
day of. 18. violated the
section of an ordinance, by-law or resolution (describ- ing it by its title and number of section, which said is now in force, as this deponent ver- ily believes, and prays, that said
may be arrested, and held to answer to the said city of Antigo therefor. Sworn and subscribed to before me this. day of 18. It shall be sufficient to give the number of the sections or sec- tion, and the chapter or title of the ordinance, by-law, regulation or resolutions, or of the law violated, in such complaint, with the number of section or sections. Upon the filing of said complaint with the justice hav- ing jurisdiction a warrant shall issue thereon substan- tially as follows:
State of Wisconsin, City of Antigo and County of Langlade-SS.
to
The State of Wis., the city marshal of said city of Antigo, or the sheriff or any constable of said county, greeting :
Where has this day complain- ed to me in writing on oath that
did on the the. day of A. D. 18
violate the. section or sections of an ordi- nance, by-law, regulation or law (describing it by its chapter or number), which said is
now in force and effect, as said complainant verily be- lieves; therefore, in the name of the state of Wis- consin you are hereby commanded to arrest the body or the said and him forthwith bring before. to answer to said city of Antigo on the complaint aforesaid. Given under my hand this. day of 18
Section 2. Witnesses and jurors shall attend in all city prosecutions without the payment of fees in advance, upon process of the court, duly served, and in default thereof, their attendance may be enforc- ed by attachment in case the jury, after being kept a reasonable time, should disagree, they shall be dis- charged, and thereupon the court shall adjourn the cause to a day certain, and issue a new venire as aforesaid.
Section 3. In city prosecutions the finding of the court or jury shall be "guilty" or "not guilty." If guilty, the court shall render judgment thereon against the defendant for the fine, penalty or forfeiture, and where the same is not to exceed a certain sum, and not less than a certain other sum, shall fix the amount of such fine, penalty or forfeiture as he shall deem
120
HISTORY OF LANGLADE COUNTY.
best, within the provisions of such ordinance, by-law or resolution, for the violation of which the person or persons shall have been adjudged guilty, and for the costs of suit. If not guilty, the costs, as in ac- tions in justices court, shall be taxed against the city, but no attorneys' fees shall be taxed for or against the defendant in any such suit. Execution shall is- sue forthwith upon the rendition of the judgment un- less the same be stayed or appealed as hereinafter provided, and the fine or penalty imposed by the court may be enforced and collected by levy and sale, on execution of the property of the defendant, as pro- vided by law in civil actions before the justice of the peace.
Section 4. The execution upon the judgment recov- ered in any such action, may require that in case nothing shall be found from which the amount can be collected, the defendant shall be taken and impri- soned in the jail of Langlade County, for the term not exceeding six months, or in the police station, not exceeding three months, unless the judgment be soon- er paid and the term of such imprisonment shall be inserted in the execution and commitment. And said execution and commitment may require the defendant to perform hard labor during the term of such im- prisonment. In case nothing be found from which the amount can be collected, the defendant shall be im- prisoned in the jail of Langlade county, or in the po- lice station, according to the terms of the execution. Such execution may be in the following form :
State of Wisconsin,
City of Antigo,
County of Langlade-SS.
The state of Wisconsin to the sheriff or any constable of said county of Langlade, the city marshal of said city, the keeper of the common jail of said county, or the keeper of the police station :
Whereas, the said city of Antigo, on the. _day
18_ _, recovered a judgment of
before the of said against
for the sum of. dollars,
together with dollars, cost of suit, for the violation of (here insert the number of section, chapter, the title of the ordinances and offenses, as set forth in the complaint ). These are, therefore, in the name of the state of Wisconsin, to command you to levy distress on the goods and chattels of the said ( excepting such as the laws exempt) and make sale thereof according to law in such case made and provided, to the amounts of said sums to- gether with your fees, and twenty-five cents for the execution; and the same return to me within thirty days; to be rendered to the said. for said judgment and costs, and for want of such goods and chattels whereon to levy, to take the body of said and him convey and deliver unto the keeper of the common jail of said county, or to the keeper of the police station of the city of Antigo, who is hereby commanded to receive and keep the in safe custody in said
and at hard labor for the term of
unless the aforesaid sum and all legal expenses be sooner paid and satisfied, or until he be discharged thence by due course of law.
Give under my hand this day of 18.
Section 5. All penalties, forfeitures, fines of claim due to said city, where or when paid to the magis- trate authorized to receive same, shall be paid by him to the city treasurer, within one month after the re- ceipt thereof, by him. Whenever execution shall be issued upon any judgment in favor of the city, the same shall be returned by the officer receiving the same, to the judge or justice who issued it, on or be- fore the return day thereof, and if such officer neglect to return same for two days after the return day there- of, the judge or justice shall report the fact to the city treasurer, who shall cause an action to be brought in the name of the city, against the officer and his sureties for the default.
Section 6. Appeals shall be allowed in all said cases to the circuit court, and taken in the same man- ner as appeals from justices of the peace. The de- fendant in all city prosecutions may appeal to the circuit court of Langlade County, by filing an affidavit and bond, and complying with the requirements of appeals shall be taken and perfected within forty- eight hours from the time the judgment is rendered in the suit. Upon any appeal being taken and allow- ed, the judge or justices shall stay all further pro- ceedings in the case and the defendant, if in custody, shall be charged, and the judge or justices shall trans- mit the papers in the case so appealed, with a tran- script of his docket, and the circuit court within the time and in the manner prescribed, in cases appealed from the justice of the peace.
Section 7. The jail fees, and officers fees, if any, commitment or prosecution in behalf of the same shall be audited and allowed by the common council when the same cannot be collected by the defendant, be- fore his discharge, and said common council may by resolution direct the justice to discharge from the jail any person confined for a judgment of said city, but such discharge shall not open as a release of the judg- ment, unless said common council shall direct in their resolution. On filing a certified copy of such resolu- tions assisted by the city clerk, the judges or justices shall order such defendant discharged from custody and make an entry of such discharge on his docket, an execution may issue or be renewed by an en- dorsement from time to time, before or after the re- turn day thereof, and before or after the commitment of the defendant; until the judgment is satisfied or re- leased; but after the defendant shall have been once committed, no execution shall be issued against the body of the defendant in the same action.
FINANCE AND TAXATION.
Section 1. The fiscal year of the city of Antigo shall commence on the second Tuesday of April.
Section 2. All moneys credited and demands be-
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HISTORY OF LANGLADE COUNTY.
longing to the city of Antigo shall be kept by and de- posited with the city treasurer, and be under control of the common council, and shall only be drawn upon orders signed by the mayor and city clerk, duly authorized by a vote of the common council, and in no other manner, provided, that the school fund may be drawn out as provided by other provisions of this act, and all resolutions adopted by the common council authorizing the expenditure of moneys, shall appro- priately specify the amount to be expended and no extra or additional compensation shall be allowed or paid on any contract, or on account of any contract, or to any contractor, person or persons, for any serv- ice or work done, or material furnished to or for the city.
Section 3. No debt shall be contracted against the city or certificate of indebtedness be drawn upon the city treasurer, unless the same shall be authorized by a majority of all the members elect of the common council, and the vote authorizing the same shall be entered ayes and rays, upon the journal of the com- mon council, provided that the common council, shall not, in any case, or under any pretext, or any purpose whatever, contract debts or liabilities of any kind, rame or nature, exceeding the amount which it is authorized by the provision of this act to levy for the recent year.
Section 4. All forfeitures and peraties accru'ng to the city for violation of this act, or any of the or- dinances, by-laws, rules and regu'a'iors of the city, passed thereunder, or for any act of onis ion or com- mission forbidden or madc punishable by or under the general laws of the state, which act of omission or commission is also forbidden or made punishable by any ordinance, by-law or regulation of said city, and all moneys received for licenses an insurance per- centage, and from all other sources for the city, shall be paid into the city treasury and become a part of the general fund, and all moneys received for tuition of scholars under this act, shall be paid into the treasury, and become part of the school fund.
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