or alley opposite thereto, and to compel such owner or occupant to remove from the lot owned or occupied by him. all such substances as the board of health shall direct; and in default, to authorize the removal or destruction of all the objectionable substances by some officer of the city, at the expense of such owner or occupant. 22d. To regulate, prevent and control the landing of persons from cars, and stages, or other conveyances, wherein are contagious and infectious diseases or disorders, and to make such disposition of such persons as to preserve the health of the city. 23d. To regulate the time and manner of holding public auctions and vendues. 24th. To appoint watchmen and prescribe their duties. 25th. To provide by Weights and ordinance for a standard of weights and measures and measures. for the punishment of any person using or keeping for use any false weights and measures. 26th. The common council shall have jurisdiction over the entire waters within the city so as to prevent any deterioration of the waters, or any nuisance being cast therein by which the health of the inhabitants of the city or the purity of the water shall be impaired, or for any other purpose authorized in this act. 27th. The common council shall have power to require the owner of any lot or grounds in the city to set out ornamental trees in the street or streets fronting on the same and in default thereof to cause the same to be done and to levy a special tax upon such lot or grounds to pay the expense of the same.

SECTION 4. 4. No appropriation shall be made nor How approprishall any debt be created or liability incurred against nances, etc. the city except by a vote of a majority of all members of the council; and all laws, ordinances, rules and resolutions shall be passed by an affirmative vote of a majority of all the members of the common council; and all ordinances, before the same shall be in force, shall be signed by the mayor; and ali resolutions or measures for the appropriation of money whereby a debt shall be created against, or a liability incurred by the city, shall be approved by the mayor before the same be in force; provided, that in case the mayor shall refuse to sign any ordinance or any certificate of the appropriation of money, or shall refuse to approve any resolution or by-law creating or establishing a liability against the city, three aldermen voting in the affirmative shall have power to repass such ordinance, resolution, by-law or certificate, notwithstanding the objections of the mayor; and all

Power of counbar

ordinances, resolutions, by-laws or rules shall be published in a public newspaper printed in the county of Waupaca which may have been selected by the common council to do the printing of the city, and shall be in force from and after their passage and publication, such publication being duly proved by the affidavit of the printer or foreman of the printers of such newspaper and filed in the office of the city clerk, shall be conclusive evidence of their passage and publication, and a copy of such newspaper with the ordinance or resolution, by-law or rule therein, or any book with a printed copy pasted therein shall be prima facie evidence of such publication.

SECTION 5. The power conferred upon the said proceedings in council to provide for the abatement or removal of

court.

City officers to account to common couneil.

nuisances shall not bar or hinder suits, prosecutions or proceedings in the courts according to law. Gambling houses, houses of ill-fare, disorderly taverns, and houses or places where spirituous, vinous or fermented liquors are sold without the license required therefor, houses or buildings of any kind wherein more than twenty-five pounds of gunpowder are deposited, stored or kept at any one time contrary to ordinance, are hereby declared and shall be deemed public or common nuisances.

SECTION 6. The common council shall examine, audit and adjust the accounts of the clerk, treasurer, chief of police, assessor, street superintendents, and all other officers or agents of the city, at such time as they may deem proper, and also at the end of each year and before the time for which the officers of said city are elected or appointed, shall have expired. And the common council shall require each and every such officer or agent to exhibit his books, accounts and vouchers for such examination and settlement, and if any such officer or agent shall refuse to comply with the orders of the council in the discharge of their said duties, in pursuance of this section, or shall neglect or refuse to render his accounts or present his books or vouchers to said council, it shall be the duty of the common council to declare the office of such person vacant; and the common council shall order suits and proceedings at law against any officer or agent of said city, who may be delinquent or defaulting in his accounts, or in the discharge of his official duties, and shall make a full record of all such settlements; and the common council shall have power, by an affirmative vote of a majority of its members, upon reasonable notice, for cause, to remove from office Removal from any officer of the city elected by the common council, office. or whose appointment shall have been confirmed by it.

CHAPTER V.

OPENING OF STREETS, ALLEYS, ETC.

etc-mode

SECTION 1. The common council shall have Opening of the power to lay out public squares, grounds, streets, alleys, streets and alleys, and to widen the same, and procedure. to make all necessary and proper improvements within the limits of said city as follows: Whenever ten or more freeholders, residing in any one ward, shall, by petition, represent to the common council that it is necessary to take certain lands within the ward where such petitioners may reside, for public use, for the purpose of laying out public squares, grounds, streets or alleys, or the enlarging or widening of the same, or for other public improvements, the courses and distances, metes and bounds of the lands proposed to be taken, together with the names and residences of the owners of such premises, if the same shall be known to the petitioners, to be set forth in such petition, the cominon council shall thereupon cause notice of such application to be given to the occupant or occupants, owner or owners of such land, or if a portion of such lands shall not be in the actual occupation of any person, and the owner or owners are non-residents of the said city, then the common council shall cause such notice, describing as near as may be, the premises proposed to be taken, to be published in the official paper for four weeks, at least once in each week.

given owners

SECTION 2. Such notice shall state that on a certain Notice to be day therein to be named, not less than ten days from of ground to be the service of such notice, or the expiration of such taken. publication, as the case may be, application will be made to the judge of the circuit or county court of Waupaca county, for the appointment of six jurors to view said premises, and to determine whether it will be necessary or expedient to take the same for the purposes specified in such petition.

SECTION 3. Upon the presentation of such applica- Jury to view tion and upon proof of publication or service of the premises to be notice herein required, the said judge shall thereupon appoint six reputable freeholders, residents of the city, but not residents of the ward in which such prem

ises may lie or interested in such application. The said judge shall thereupon issue his precept, directed to said jurors, requiring them within thirty days to view said premises to be specified in said precept, and to make return under their hands to the common council whether, in their judgment, it is necessary to take said premises for the purpose specified in such application.

In case of dis

SECTION 4. If any of the jurors so appointed shall qualification of be disqualified from acting, or shall refuse to act, the

Jury to take testimony.

To report proceedings.

Jury to assess damages.

When lands occured by buildings.

judge shall appoint others in their places, and a memorandum of such substitution, shall be endorsed upon the precept.

SECTION 5. The said jurors, at such time as they may agree upon, shall proceed in a body to view the premises in question, and shall hear such testimony as may be offered by any party interested, which testimony shall be reduced to writing by one of the jurors; and either of the jurors shall be authorized to administer the necessary oaths to witnesses.

SECTION 6. After viewing the premises and hearing such testimony as may be offered, the jurors shall make a report of their proceeding, which shall be signed by them respectively, and which shail state whether, in their judgment, it is necessary to take the premises in question for public use, which said report, testimony and precept shall be returned to the common council within the time limited therein.

SECTION 7. Should the jurors report that it is necessary to take such premises, the common council shall enter an order among their proceedings, confirming said report, and directing the same jurors, within one month thereafter, or such further time as may be deemed proper, to again view said premises, for the purpose of ascertaining and determining the amount of damages to be paid to the owner or owners of the property proposed to be taken, and also what lands and premises will be benefited by such taking, and to assess and return within the time limited such damages and benefits to the common council.

SECTION 8. If there should be any building standing, in whole or in part, upon the lands to be taken, the jurors before proceeding to make their assessment, shall first estimate and determine the whole value of such building to the owner, aside from the value of the land, and the injury to him in having such building taken from him, and secondly, the value of such building to remove.

termination to

SECTION 9. At least ten days' personal notice of Notice of desuch determination shall be given to the owner or his be given. agent if known, and a resident of the city, or left at his usual place of abode. If not known, or a nonresident, notice to all persons interested shall be given by publication in the official paper three successive weeks; such notice shall specify the building and award of the jurors. It shall also require the parties interested to appear by a day therein named, or give notice of their election to the common council, either to accept the award of the jurors and allow such building to be taken with the land appropriated, or their intention to remove said building at the rate set thereon by the jurors to remove. If the owner shall agree to remove such building he shall have such time for this purpose as the common council shall allow.

SECTION 10. If the owner refuse to take the building Building to be at the value to remove, or fail to give notice of his sold in certain election as aforesaid, within the time prescribed, the cases. common council shall have power to direct the sale of such building at public auction for cash, giving ten days' notice of such sale. The proceeds shall be paid to the owner, or deposited for him in the city treasury.

SECTION 11. The said jurors, within the time limited, Duty of jury in shall view and examine the premises proposed to be making assesstaken, and all such premises as will, in their good judgment, be injured or benefited thereby. After hearing such testimony as may be offered by any party interested, and which shall be reduced to writing by one of said jurors, they shall proceed to make their assessment and to determine and appraise to the owner or owners the value of the real estate so proposed to be taken, and the injury arising to them respectively in consequence of the taking thereof, which shall be awarded to such owner or owners respectively, as damages, after making due allowance therefrom, for any benefit which such owners may respectively derive from such improvement. In the estimate of damages to the land, the jurors shall include the value of the building or buildings (if the property of the owners of such land), as estimated by thein as aforesaid, less the proceeds of the sale therof, or if taken by the owner at the value to remove, in such case, they shall only include the difference between such value and the whole estimated value of such building or buildings.