office under this act, shall, before he enters upon the and give bonds. duties of his office, take and subscribe an oath of office, and file the same, duly certified by the officer taking the same, with the city clerk; and the treasurer, chief of police, street superintendent, police justice and justices of the peace, and such other officers as the common council may direct, shall severally, before they enter upon the duties of their respective offices, execute to the city of Waupaca a bond, in such sum and with such security and such conditions as the common council may direct; and the common council may from time to time require new or additional bonds, and remove from office any officer refusing or neglecting to give the same.

powers and du

SECTION 2. The mayor, when present, shall preside Mayor-his over the meetings of the common council, and have a s vote therein, and shall take care that the laws of the state, and the ordinances of the city within the corporation are duly enforced and observed, and that all officers of the city discharge their respective duties. He shall also appoint a chief of police and such further number of policemen as the common council may at any regular meeting authorize, of which there shall be at least one in each ward, all of whom shall have all powers and perform the duties of common constables, which appointments shall be approved by the common council before they shall enter upon the duties of their office; and the compensation of the chief of police shall not exceed two dollars and fifty cents per day, to be determined by the common council; and the said policeman shall receive the fees allowed constables for the same services, and in addition may be paid such compensation for extra services ordered by the mayor or common council, not exceeding one dollar per day, as the common council may determine. The mayor may also appoint as many special or temporary police on election days or other public or unusual occasions, as he may think proper, but no such special or temporary police shall be paid any compensation for his services out of the city treasury, unless otherwise ordered by a vote of a majority of the common council. The common council may by ordinance prescribe the powers of police and other peace officers. The mayor shall communicate in writing to the common council, once a year, such information as he may deem necessary and at all times give such information as the common council may require. The mayor shall have the power to adminis

President of council.

Ciry clerk.

ter oaths and affirmations, take acknowledgments of deeds and other instruments, and perform marriage ceremonies.

SECTION 3. At the first meeting of the common council in each year, or as soon thereafter as may be, they shail proceed to elect, by ballot, one of their number president, and in the absence of the mayor the said president shall preside over the meetings of the common council; and during the absence of the mayor from the city, or his inability from any cause to discharge the duties of his office, the president shall exercise all the powers and discharge all the duties of mayor. In case the mayor and president shall be absent from any meeting of the common council, they shall proceed to elect a temporary presiding officer who, for the time being, shall discharge the duties of mayor. The president, or temporary presiding officer, while presiding over the council or performing the duties of mayor, shall be styled acting mayor,and acts performed by them shall have the same force and validity as if performed by the mayor. But the president of the council, as acting mayor, shall sign no order, warrant, or other proceeding whatever which the mayor has refused to sign, and communicated such refusal to the council.

SECTION 4. The common council shall elect a city clerk. He shall keep the corporate seal and all the papers and records of the city. He shall have the right to procure suitable and proper books, blanks and stationery for his office at the expense of the city. He shall attend the meetings and keep a record of the proceedings of the common council. The records of the common council, kept by him, shall be evidence in all legal proceedings, and copies of all papers filed in his office and transcripts from the records, certified by him under the corporate seal, shall be evidence in like manner as if the original were produced. He shall keep a full and accurate account of all certificates of appropriation and orders drawn on the city treasurer in a book provided for that purpose, and shall also keep an accurate account with the treasurer and charge him with all the taxlists delivered to him for collection, and all sums of money paid into the treasury. Whenever the clerk shall be absent from any meeting, the city council may appoint a clerk pro tem. The city clerk shall have power and authority to administer oaths and affirmations and take acknowledgments of deeds and

other instruments. He may appoint a deputy in writing, under his hand, and file such appointment in his office and such deputy in case of absence or disability of the clerk, shall act in his place.

SECTION 5. The treasurer shall receive all moneys City treasurer. belonging to the city, and keep an accurate and detailed account thereof, together with an account of all the disbursements, in such manner as the common council shall direct. He shall report to the common council as often as required, and annually at least ten days before the annual election, a full and detailed account of all receipts and expenditures after the date of the last annual report, and also of the state of the treasury, which statement shall be filed with the clerk.

SECTION 6. The chief of police shall perform such Chief of police. duties as shall be prescribed by ordinance for the preservation of the public peace, and the collection of fines and license moneys. He shall possess all the powers and perform all the duties of a constable under the laws of the state. so far as serving criminal process is concerned, and shall receive like fees, but he shall not go beyond the city limits to make arrests or to serve any process, unless the cause for making such arrest or for issuing such process arose within the city. He shall not serve any process in civil actions except actions to which the city of Waupaca is a party. The policemen of said city shall be under the control and direction of the mayor and chief of police, and shall have all the powers and shall perform all the duties of a constable under the laws of the State of Wisconsin.

SECTION 7. The common council shall have power, from time to time, to require other and further duties to be performed by any officer whose duties are herein. prescribed, and to appoint such other officers as may be necessary to carry into effect the provisions of this act, and to prescribe their duties, and to fix the compensation of all officers elected or appointed by them, such compensation to be fixed by resolution at the time the office is created, or at the commencement of the year, and shall not be increased or diminished during the term such officer shall remain in office.

Further duties

of officers.

SECTION 8. The common council shall, at their first official paper. meeting each year, or as soon thereafter as may be, designate a newspaper, printed and published in the county of Waupaca, and circulated in the city of Waupaca, to publish all ordinances and by-laws, and full 34- -LAWS.

minutes of all their proceedings, and to do all other printing under the provisions of this act, and they may let the same by contract to the lowest responsible bidder for the term of one year; and the printer of said newspaper shall, either in person or by his foreman, file with the clerk of the city, his or their affidavits of the length of time said ordinance, by-law, or proceeding has been published, and such affidavits shall be prima facie evidence of the publication of such notices, ordinances, proceedings, or by-laws.

SECTION 9. If any person, having been an officer in said city, shall not, within ten days after notification and request, deliver to his successor in office, ali property, moneys, books, papers, and effects of every description in his possession, belonging to said city or pertaining to the office he may have held, he shall forfeit and pay to the use of the city, one hundred dollars, besides all damages caused by his neglect or refusal so to deliver, and such successor may recover the possession of such books, papers, and effects in the manner prescribed by the laws of this state.

SECTION 10. The mayor, sheriff of Waupaca county, each and every alderman, justice of the peace, policemen and watchmen, shall be officers of the peace, and suppress in a summary manner all rioting and disorderly behavior within the limits of the city, and for such purposes may command the assistance of all bystanders, and, if need be, of all citizens and military companies. If any person, by-stander, military officer or private shall refuse or neglect to aid in maintaining the peace when so required, every such person shall forfeit and pay a fine of fifty dollars, and in case the civil power may be required to suppress riots or disorderly behavior, the superior or senior officer present, in the order above mentioned in this section, shall direct the proceedings.

SECTION 11. The police justice shall have and possess all the authority, powers and rights of a justice of the peace in civil proceedings, and shall have sole, exclusive jurisdiction to hear all complaints and conduct all examinations and trials, in criminal cases arising within the city, cognizable before a justice of the peace; but warrants returnable before said justice may be issued in criminal cases arising within the city, by any other justice in the city, but no fees shall be received therefor by said justice. The said justice shall have exclusive jurisdiction in all cases cognizable before a justice of the peace in which the

in name of

city is a party, and shall have cognizance and exclusive jurisdiction of all suits, prosecutions or proceedings for the recovery of any fine, forfeiture or penalty under any by-law, ordinance or regulation of the said city of Waupaca, or its charter, or for a breach or violation of any such ordinance, by-law and regulations, and in all cases of offenses committed against the same. All prosecutions for a Prosecutions to breach or violation of any such by-laws, ordi- be commenced nances, regulations or offenses against the city city. of Waupaca or its charter, shall be commenced in the name of the city of Waupaca, and the same proceedings shall be had in all civil and criminal suits before said police justice where not otherwise herein directed, as are established and required to be had in civil and criminal actions by the laws of this state before a justice of the peace; provided, that in cases of prosecution for a breach or violation of any ordinance, by-law or regulation of said city or its charter, no appeal shall be allowed where judgment or fine imposed, exclusive of costs, is five dollars or less; but in all other cases appeals shall be allowed as now provided in justice's court, except in cases where the city is a party, the bond shall run to the city. In all cases of conviction for assaults, batteries and affrays within the said city, and in all cases of conviction under any ordinance of said city for any breach of the peace, disorderly conduct, keeping houses of No appeal in ill-fame, or of frequenting the same and of keeping or maintaining disorderly and ill-governed houses, said justice shall have power, in addition to the fine or penalty imposed, to enter judgment for costs of proscention against the defendant, and to compel such offenders to give security for their good behavior, and to keep the peace for a period not exceeding six months, and in a sum not exceeding five hundred dollars. The said justice shall have the same power and authority in cases of contempt, as a court of record; provided, that nothing in this act contained. shall be deemed to divest the circuit judges of their authority as conservators of the peace; nor to affect in any manner the jurisdiction or powers of the circuit courts or supreme court of this state. In case of absence, sickness or other inability of such police justice, or for any sufficient reason, the mayor, by warrant, may authorize any justice of the peace within said city to perform the duties of said police justice, and it shall thereupon be the duty of the mayor

certain cases.