Attendance of non-resident pupils.

Duty of board to make annual report.

Annual meeting.

Notice of annual meeting to be given.

Meeting not invalidated by

schools, for the purchase of libraries and apparatus, the salary of the superintendent, and the incidental expenses of said board.

SECTION 13. The said board shall have power to allow the children of persons not resident within said district to attend any of the schools thereof upon such terms as said board shall from time to time prescribe, fixing a tuition that shall be paid therefor; but all of said schools shall be absolutely free at all times to all children of suitable age resident within said district, and tuition in the high school shall be free to all of any age who reside within the district and whose attainments entitle them to admission by the rules of the board, or of the superintendent.

SECTION 14. It shall be the duty of the said board to prepare in detail and report at each and every annual meeting of said district, a statement of all moneys by them received and expended for the support of the schools, the erection of school houses, and for any purpose whatever connected therewith during the preceding year. Such report shall distinctly state the amount received by tax on said district, the moneys received from the town, city and county treasurer, or from any other source for school purposes. It shall also state the precise manner in which such moneys shall have been expended. They shall also report at such meeting the amount of money necessary, in their judgment, for the support of schools during the ensuing year. The last fiscal year shall close with the day of the last annual meeting.

SECTION 15. The annual meeting of said school district shall be held on the second Monday of July in each year, at such time and place, within said district, as may be specified in the notice of election.

SECTION 16. It shall be the duty of the superintendent of said school district to give not less than ten days' notice of the time and place of holding such annual meeting, which notice shall be given by publishing the same in some newspaper published in said district, or, if there be no newspaper published in the district, then by posting up notices in four conspicuous places in said district ten days before the meeting.

SECTION 17. No annual meeting, however, shall be want of notice. deemed illegal for want of due notice, unless it shall clearly appear that the ommission to give the proper notice was willful and fraudulent.

Election of officers.

SECTION 18. The officers elected at the annual meeting shall be chosen by ballot, and the election shall be conducted and the votes canvassed according to such rules and by-laws as may be prescribed by the board of education. At all elections the said board of education shall preside and be the judges thereof; special meetings of said district may be called at any time by order of the board of education, by giving six days' notice of the time, place and object of said meeting either by posting notices thereof in three or more public places in said district, or by causing a notice thereof to be published in some newspaper in said district for one week next preceding the time of holding said meeting.

board.

SECTION 19. The annual meeting of the board of Meetings of education shall be held on the third Monday of July of each year. Quarterly meetings thereof shall be held on the first Monday of October, first Monday of Jannary, and first Monday of April, of each year. Special meeting thereof may be called by the superintendent or clerk of said board at any time, at the request of any two members.

be paid out.

SECTION 20. All moneys that shall come into the How money to hands of the district treasurer shall be paid out by him for school purposes, on the order of the board of education, signed by the president and countersigned by the clerk of said board. All contracts with the district or with the board, shall be signed by the president and countersigned by the clerk.

SECTION 21. The common council of the city of Change of

Waupaca, and the board of supervisors of the town of Waupaca, or Lind, or Farmington, as the case may be by the territory to be affected, shall have the right to change or alter the boundaries of said district, by first obtaining the written consent to such change or alteration of a majority of all the members of said board of education of [said] district and filing the same in the office of the city clerk of the city of Waupaca, and the town clerk of the town of Waupaca, or Lind, or Farmington, as the case may be; but in no other way shall such change or alteration be made.

boundaries.

the state to ap

SECTION 22. The laws of this state, relating to dis- School laws of trict schools, shall apply to and govern the said ply to district. school district, so far as the same are not inconsistent

with the provisions hereof and are applicable thereto.

City of Waupaca invested

CHAPTER XI.

MISCELLANEOUS PROVISIONS.

SECTION 1. The city of Waupaca shall be, and is with property hereby invested as the lawful owner and successor of

of village of Waupaca.

Settlement between town and city of Waupaca.

In case town and city fail to agree, circuit judge to ap

all the real and personal property, and all the rights and privileges belonging to the corporation of the village of Waupaca, and such part of all real and personal property, rights and privileges belonging to the town of Waupaca, and included in said city limits, together with all the funds, revenues, debts and demands due and owing to the said village of Waupaca, and that part of said town of Waupaca, not heretofore included in said village, but now by this act included in said city limits which, by or under former acts, ordinances, grants, donations, gifts, construction or purchases, have been acquired, vested or in any manner belongs to said village and such portion of said town or either of them.

SECTION 2. It is hereby made the duty of the common council of said city and the board of supervisors of said town of Waupaca, to meet together at some convenient place, on or before the first Monday of May, 1876, upon notice given by either body, and, if possible, agree, so far as the same has not already been done, upon some just, fair and equitable settlement or adjustment and division of the property, moneys, credits, duties, liabilities, obligations and every other matter or thing made necessary by the organization of said city out of the territorial limits of the village and town of Waupaca; and, among other things, make a fair and just proportion of the bonded indebtedness of said town, between the town and said city, fixing forever the amount of said indebtedness to be paid by said city, and the amount by said town as it shall at that time exist.

SECTION 3. If the common council of said city and board of supervisors of said town shall be unable to

point commis- agree upon an honorable, just and fair settlement or adjustment and division, as provided in the preceding section, then it is hereby made the duty of the circuit judge of the circuit court in and for the county of Waupaca, upon application made to him by either of said bodies, five days' notice having been previously given to the other body, to appoint three commissioners, one to be a resident of said city, one of said

town, and one to reside outside of both city and town, who shall have power, and it is made their duty, as soon as may be, after their appointment and filing with the clerk of the circuit court in and for said county, of their oaths to faithfully and fairly to adjust and settle all matters of dispute between said city and town, as hereinbefore mentioned, to examine into and fairly, equitably and justly make a division of all property, moneys, credits, and property owned by said city or any part thereof in common with said town; make a full and complete settlement or adjustment of all matters between said city and town, arising or growing out of the formation of said city, out of the territorial limits of said town; and especially of the indebtedness of said town, any portion of which said city ought to pay. And in order to make such a settlement, adjustment and division as herein contemplated, the said commissioners shail make an assessment, at a fair cash valuation, of all the property of said city and town liable to taxation at the time of such assessment. The said commissioners shall, as soon as possible, make their award in writing, and file the same in the clerk of the court's office of said county, which shall be final and conclusive between the parties.

ment shall be

SECTION 4. Any and all amounts found as aforesaid How settleto be owing by said city to any portion of the terri- made. tory outside of the city, which comprises a part of the town of Waupaca, from which said city was formed, shall be paid by said city to the proper officers authorized to receive and receipt for the same. But if it shall be found upon such settlement, that there is any amount due any portion of said city from any portion of territory outside of said city limits, which was an organization from which said city was formed, that portion of said territory so owing said part of said city, shall pay the amount thereof to the city treasurer. And in case any portion of territory so indebted shall fail, neglect or refuse to pay the amount thereof so found to be due, the city treasurer of said city shall proceed to collect the same in the manner as is now provided by the laws of this state for the collection of debts against towns, cities and villages.

council over

SECTION 5. The common council of the city of Powers of Waupaca, shall have the same powers in relation to school districts

all school districts, situated in whole or in part with

in said city limits, except as otherwise provided in

Work to be let by contract to

chapter ten of this act, as are now conferred upon town boards of supervisors by the laws of this state, and shall perform all duties relative thereto in the same manner as town boards of supervisors are authorized to do.

SECTION 6. All work for the city, or either ward the lowest bid- thereof, shall be let by contract to the lowest, reason

der.

Actions to be brought in

able, responsible bidder, and due notice shall be given of the time and place of letting such contract; provided, that the council by the affirmative vote of a majority of all the members thereof, may otherwise provide for such work.

SECTION 7. In all cases where an action might be name of city- brought by the city of Waupaca against any person,

how proceeded with.

When election not held at prescribed time.

company or corporation, such action may be commenced and prosecuted in the name of the city, by any elector of said city; provided, that before any person other than the proper officers of said city shall prosecute any such action, the person or persons so commencing shall enter into bonds with sufficient surety to the opposite party, to be approved by the judge or justice before whom such action shall be brought, conditioned that he or they will pay all costs that might be recovered against the city in such action. After the filing of the bond, with the papers in the case, such action shall not be discontinued or defeated by the city, nor shall the city be liable for any costs on account of any such action, but such costs, where the action shall fail, may be recovered against the party commencing the same, upon the bond filed as aforesaid; provided, that nothing herein contained shall be so construed as to prevent any peace officer from arresting, without process, any person in a state of intoxication, or guilty of immoderate drinking, improper reveling, obscenity or noisy, boisterous or disorderly conduct in the streets or public places, and taking such person or persons forthwith before the police justice, or keeping them in confinement until such time as said justice can reasonably hear and dispose of such offenders.

SECTION 8. If any election by the people or common council, shall not, from any cause, be held at the time, or in the manner herein prescribed, it shall not be considered reason for arresting, suspending or abolishing said corporation, but such election may be held on any subsequent day by order of the mayor; and if any of the duties enjoined by this act, or the ordinances or by-laws of the city to be done by any