Waupaca at the same time and in the same manner as other delinquent lands are sold in said county.

from special

SECTION 16. All real estate exempt from taxation No exemption by the laws of this state shall be subject to all special taxes. taxes for the building of sidewalks and improvement of streets in front of the same.

sessment.

SECTION 17. No error or informality in the proceed- Error not to ings of any of the officers in assessing property, levy- invalidate asing or collecting taxes, or making return of unpaid taxes, not affecting the substantial justice of the tax itself, shall invalidate or vitiate or otherwise affect the validity of the assessment or tax.

paid.

SECTION 18. The city treasurer shall not receive How indebtedfrom the treasurer of the county of Waupaca, tax ness of county certificates in payment of any indebtedness which may become due from said county to said city. The city shall contract no debt, and the common council shall make no appropriation during any fiscal year, for city purposes, greater, than the amount determined Limit of inupon as provided in the foregoing section five of this chapter, for such purposes, together with the amount of money which may at any time be in the city treasury, derived from other sources than taxation.

debtedness.

Payment of

SECTION 19. The common council shall have power, juigments by a majority vote of all members thereof, to levy a against city. tax or taxes to pay any or all judgments against the

city.

SECTION 20. In case the city treasurer shall at any Treasurer to time refuse or neglect to perform his duties in enforc- neglect. ing the payment of taxes, as provided by this act, and as authorized and required by the laws of this state, the common council shall forthwith remove such treasurer from office, and appoint a suitable person to fill the vacancy.

be

verified by affi

SECTION 21. All accounts or demands against the Accounts to be city before the same shall be allowed shall be verified davit. by affidavit, except salaries and amounts previously fixed and determined by law; and any person who shall falsely swear to any such account or demand, shall be deemed guilty of perjury.

SECTION 22. No money shall be appropriated or Payment of drawn out of the city treasury, except in payment of demands accounts and demands allowed by the common coun- against city. cil, and then only upon the order of the mayor and countersigned by the city clerk; and upon the presentation of such order the city treasurer shall pay the same to the holder thereof. All such orders shall be numbered in regular series commencing with num

Actions against city.

Determination

ber one, and shall be made payable to the person in whose favor the common council may have lawfully audited any account, and said order shall state the number of the bill in payment of which the same was drawn, for what purpose and from what fund payable, and the city funds shall be paid out of the treasury in no other manner whatsoever, and no interest shall be allowed or paid on any city order or certificate whatever; provided, however, that when the city, being duly authorized thereto, shail borrow money, certificates of appropriation therefor may be issued payable at such time or times as the council may determine, and such certificates may be drawn to bear interest at a rate not exceeding ten per centum per annum, and when so drawn and signed by the mayor and clerk, interest shall be paid thereon as therein expressed.

SECTION 23. No action shall be maintained by any person against the city of Waupaca upon any claim or demand, until such person shall first have presented his claim or demand to the common council for allowance, and allowance thereof has been refused by said council.

SECTION 24. The determination of the common

of council tove, council, disallowing in whole or in part, any claim of any person, shall be final and conclusive, and a perpetual bar to any action in any court, founded on such claim except that such person may appeal to the circuit court, as provided in section twenty-six (26), of this chapter.

Claims not to

SECTION 25. In case any person shall present his be entertained claim or demand to the common council, and the said

a second time.

Appeals to circuit court.

council shall disallow the said claim, in whole or in part, the said council shall not thereafter entertain such claim again, unless such disallowance be first reconsidered at that or the next subsequent meeting of the council, and then only by the affirmative vote of a majority of all the members of the council; and such claimant, if he desires, may prosecute said claim by appeal to the circuit court, and not otherwise.

SECTION 26. When any claim of any person against the city shall be disallowed, in whole or in part by the common council, such person may appeal from the decision of the council disallowing such claim, to the circuit court of the county of Waupaca, by causing a written notice of such appeal to be served on the clerk of said city within twenty days after the making of such decision, and executing a bond to the said city with sufficient surety, to be approved by the

said clerk, conditioned for the faithful prosecution of such appeal, and the payment of all costs that shall be adjudged against the appellant by the court. The clerk, in case such appeal is taken, shall make a brief statement of the proceedings had in the case before the council, with its decision thereon, and shall transmit the same, together with the bond and all the papers in the case, to the clerk of the circuit court of Waupaca county, and thereupon such appeal shall be entered, tried, and determined in the same manner as cases originally commenced in the circuit court, and costs shall be awarded thereupon in like manner.

SECTION 27. The clerk, upon such appeal being taken, shall forthwith give notice thereof to the mayor, and shall also report the same to the council at its first sitting thereafter.

CHAPTER VIII.

FIRE DEPARTMENT.

SECTION 1. The common council, for the purpose Fire limits. of guarding against the calamity of fire, shall have the power to prescribe the limits within which wooden buildings, or buildings of other material that shall not be considered fire-proof, shall not be erected or repaired, and to direct that all and any buildings within the limits prescribed shall be made and constructed of fire-proof materials, and to prohibit the repairing of wooden buildings within the fire limits, when the same shall have been damaged to the extent of fifty per cent. of the value thereof, and to prescribe the manner of ascertaining such damages.

SECTION 2 The common council shall have pow- Precautions. er to regulate the building, construction and condition of chimneys, fire places, hearths, stoves, stovepipe, ovens, boilers and apparatus, used in or about any building, and to cause the same to be removed or placed in a safe and secure condition, when considered dangerous; to prevent the deposit of ashes in unsafe places; to require the inhabitants to provide as many fire-buckets, and in such manner and time as they shall prescribe, and to regulate the use of them in time of fire, and to regulate and prevent the carrying on of any manufactories dangerous in causing and promoting fires; to compel the owners and occupants of buildings to have scuttles in the roof, and stairs, and ladders leading to the same; to authorize

Power of coun

fire apparatus

the mayor, aldermen, fire wardens, and other officers of the city to keep away from the vicinity of a fire all idle and suspected persons, and to compel the bystanders to aid in the extinguishment of fires and in the preservation of property exposed to danger thereat, and generally to establish such regulations for the prevention and extinguishment of fires as the common council may deem expedient.

SECTION 3. The common council shall have power eil to purchase to purchase fire engines and other fire apparatus, and and anthorize to authorize the formation of fire engine, hook and frempanies, ladder, and hose companies, and to provide for the

of

due and proper support and regulation of the same, and to order such companies to be disbanded, and their meetings to be prohibited and their apparatus to be delivered up. Each company shall not exceed seventy able bodied men, between the ages of fifteen and fitty, and which may elect its own officers, and forın its own by-laws, not inconsistent with the laws of this state, or the ordinances and regulations of said city, and shall be formed only by a voluntary enlistment. Every member of each company hereby authorized to be formed shall be exempt from polltax, from serving on juries, and from military duty during the continuance of such membership;. provided, that such exemption shall only apply to those who shall have been active members and regular attendants at the meetings of the fire department, for the period of six months prior to the first day of May of each year, and as such shall have been duly reported to the common council by the chief engineer. SECTION 4. The fire department shall, on the second fire department Monday of April in each year, at seven o'clock in the afternoon, meet at such place as the common council may appoint, at which time and place they may appoint one chief engineer, and two assistant engineers of the fire department, which appointment shall be confirmed by the common council before the same shall be in force; and if for any reason said appointment shall not be made at the time and in the manner provided in this section, and confirmed by the common council, then the common council may, at such time as they may deem proper, elect one chief engineer and two assistant engineers of the fire department. Said department shall, by its chief officer, make a report, on or before the first Monday in May, in each year, of all those who have been active mem

Engineers of

bers thereof for six months prior thereto and dulyenrolled in the list of members.

SECTION 5. At the same time the members of the Fire wardens.

fire department shall appoint one fire warden for each ward, who shall perform such duties as the common council shall prescribe, and also elect such other officers as they may deem expedient, but no officer of the fire department shall receive any pay for his services from the city.

orders of officers to be en

SECTION 6. When any person shall refuse to obey Obedience to any lawful order of any engineer, fire warden, mayor or aldermen at any fire, it shall be lawful for the offi- forced. cer giving such order to arrest, or direct orally the chief of police, policeman, watchman or any citizen to arrest such person, and to confine him temporarily in any safe place, until such fires shall be extinguished, and in the same manner such officers or any of them may arrest or direct the arrest and confinement of every person at such fire who shall be intoxicated or disorderly; and any person who shall refuse to obey any such lawful order, or who shall refuse to arrest or aid in arresting any person so refusing, shall be liable to such penalty as the common council shall prescribe, not exceeding fifteen dollars.

SECTION 7. The common council shall have power Formation of to organize a sack company, which shall be known as sack company. sack company No. 1, to consist of not more than twenty members. Such company shall constitute a part of the fire department, and at fires shall be subject to the control of the chief engineer. The members of said company, either collectively or individually, are hereby authorized and empowered to act as special police in and for the city of Waupaca, at the time of any fire, and are hereby vested with all its power and authority which is now or may be hereafter vested in any police officer in said city, and shall be entitled to all the rights and immunities of members of the fire department. At fires they shall take charge of all property which may be exposed or endangered, and Duty of same shall, so far as may be in their power, preserve the at fires. same from injury or destruction. Said company may from time to time, adopt such by-laws and regulations as they may deem necessary, not inconsistent with this act and the laws of this state, or the ordinances of the common council. The members of said company shall not be entitled to any pay or compensation for services rendered in their official capacity. They shall in case of riot or disturbance of the peace,