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SECTION 3. This act shall take effect and be in force

from and after its passage.

Approved February 9, 1877.

[Published February 17, 1877.]

CHAPTER 10.

AN ACT relating to and amendatory of chapter 16 of the private and local laws for the year 1872, entitled "An act to incorporate the city of Eau Claire."

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

ries.

SECTION 1. Section three of chapter one of said Amended. chapter 16, is hereby amended so as to read as follows: Section 3. The first ward shall be all that portion of Ward boundasaid city lying north of the Eau Claire river and east of the Chippewa river, and east of a line commencing at the Eau Claire river in the centre of Dewey street; thence northerly on Dewey street to the centre of Broadway; thence westerly on Broadway to the centre of Farwell street; thence northerly on the line of Farwell street to the east and west quarter line of section seventeen (17), town twenty-seven (27) north, range nine (9) west; thence east on said line to the centre of said section; thence north on the north and south cen tre line of said section to the Chippewa river. The second ward shall be all that portion of said city lying south of the Eau Claire river and east of the Chippewa river, and north of Jones street, together with lot six (5) of section sixteen (16), and lots one (1), two (2), three (3) and four (4) of section twenty-one (21), and lot five (5) of section twenty (20), of town twenty-seven (27), range nine (9) west. The third ward shall be all that portion of said city lying south of the second ward and east and south of the Chippewa river. The fourth ward shall be all that portion of said city lying north of the Chippewa river and south of the east and west quarter line running through section nineteen of town. twenty-seven (27), range nine (9) west, and section twenty-four (24) of township twenty seven (27), range ten (10) west, and west of the centre line of Ninth avenue, together with lots seven (7), eight (8) and nine (9) of section nineteen (19) aforesaid, according to government survey. The fifth ward shall be all that portion of said city lying north of the Chippewa river east LAWS.

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dermen.

of the centre line Fifth avenue, and south of the centre line of State street. The sixth ward shall be all that portion of said city lying west of the Chippewa river and not included in the fourth, fitth and seventh wards. The seventh ward shall be all that portion of said city lying north of the Chippewa river, west of the centre of Fifth avenue, south of the centre of Huron and State streets, extended to Half Moon lake, and east of the centre of Ninth avenue. The eighth ward shall be all that portion of said city lying north of the Eau Claire river and east of the Chippewa river not included in Election of al- the first ward. There shall be elected at the next charter election, two aldermen in each of the fifth and eighth wards, one of whom in each ward shall be elected for one year and one for two years, one of whom in each ward shall be designated as supervisor, and shall represent his ward in the county board of supervisors. Each of the present aldermen of said city whose residence is included in any of the wards hereby created, shall hold his office and represent such ward during the remainder of the term for which he was elected. The common council of said city shall apportion the ward funds belonging to all of the wards affected by the change of boundaries, upon the basis of the assessment for the year 1876. The common council shall, of ward funds. by resolution, appoint a polling place in each of the first, sixth, seventh and eighth wards, as hereby created, and make the same arrangements for holding elections in said wards at the next ensuing charter election as are now or may hereafter be made for holding elections in the other wards of said city.

Apportionment

Vacancies and resignations.

Powers and duties of mayor.

SECTION 2. Section three (3) of chapter two (2) of said chapter sixteen (16), is hereby amended so as to read as follows: Section 3. Any vacancy in the elective offices of said city shall be filled by the common council, and the person so appointed shall hold said office and discharge the duties thereof until his successor, who shall be elected at the next charter election, shall be qualified for said office. Resignations by all elective officers of said city shall be made in writing to the common council.

SECTION 4. Section two (2) of chapter three (3) of said chapter sixteen (16), is hereby amended so as to read as follows: Section 2. The mayor shall have power to administer oaths and affirmations, take acknowledgments of deeds and other instruments, and perform marriage ceremonies. He shall appoint a chief of police, and may appoint such further number

of policeman as the common council at any regular meeting may authorize, 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 policemen shall be paid such salary, not exceeding two dollars per day, as the common council may determine. The mayor may also appoint as many special or temporary police on election days, or on 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 three fourths of all the members of the common council. The common council may by ordinance prescribe the powers and duties of the 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. SECTION 5. Section seven (7) of chapter three (3) of Chief of police. said chapter sixteen (16), as amended by chapter four (1) of chapter one hundred and six (106) of the laws of Wisconsin for the year 1874, is hereby amended so as to read as follows: Section 7. The chief of police shall perform such duties as shall be provided by ordinance for the preservation of the public peace, and the collection of fines and license moneys. In all criminal and quasi criminal matters, he shall possess the powers of a constable at common law or by the laws of the state, and shall receive like fees, and may serve civil process in all cases where the city is a party, but shall receive no fees from said city for any such services. And he shall not make any arrest or serve any process outside of said city, unless the cause for making such arrest or for issuing such process in fact arose or be alleged on oath to have arisen within said city. The policemen of said city shall be under the control and direction of the mayor and chief of police, and shall have the same powers in making arrests, preserving the peace and serving process as are herein conferred on the chief of police, and shall receive in like cases the same fees.

SECTION 6. Section four (4) of chapter tour (4) of Amended. said chapter sixteen (16) is hereby amended by inserting the word "or" between the words "money" and "whereby," in the 9th line thereof, and by striking out

ordinances, etc.

the words "eight aldermen" where they occur in the 16th line thereof, and inserting in lieu thereof the words "three-fourths of all the members of the council," and inserting after the word "mayor," in the 19th line of Duty of mayor said section, the following words: provided, further, in disapproving that whenever the mayor shall disapprove of any resolution, ordinance or measure requiring his approval, he shall within twenty (20) days after the passage thereof by the council, file such resolution, ordinance or measure, together with his disapproval thereof and his reasons therefor in writing, in the office of the city clerk, who shall lay the same before the council at its next stated meeting thereafter; and in case of failure to file the same within the time aforesaid, such resolution, ordinance or measure shall be in force without his approval.

Taking of propty for public

use.

Notice to be served.

SECTION 7. Section first of chapter five of an act entitled "An act to incorporate the city of Eau Claire," approved March 2, 1872, is amended so as to read as follows: Section 1. The common council shall have power to take for the use of the city, in the manner hereinafter provided, any lots or any land for public squares, grounds, streets and alleys, and to widen or straighten the same, or for the purpose of erecting a public hall, market house, fire engine house, or any building in the construction of water works, or for flowing the same, for supplying the city with water, or any other lawful municipal purpose, or for erecting hospitals or pest houses for the prevention of contagious or infectious diseases within the city, or for any needful or convenient purpose in connection with or to execute and accomplish any other power, right or privilege conferred on or granted to the city by its charter, or any act amendatory thereof, or by any act of the legislature; and may take the same, and whether within or without the city, by conveyance from the owner upon a bargain and sale, or upon a donation thereof, or in manner as follows: Whenever it shall, in the opinion of the common council, be necessary, said council shall declare, by resolution, that it is necessary to take any such lots or lands for any of the purposes above set forth, giving description of the premises, defining separately each parcel thereof separately owned, and the purpose for which they are to be taken. The common council shall thereupon cause a written notice, as prescribed in the next section, to be served upon the occupant, or occupants, of such lands, and the owner or owners of the same, if the place of residence of such owner or

owners is known, or can be ascertained by reasonable diligence, when such residence is within this state, and in case such owner or owners are nonresidents of the state, or their place of residence, after due diligence by the city attorney of said city, cannot be ascertained, which fact shall be made to appear by his affidavit, then the common council shall cause service of such notice to be made on such nonresident owner or owners, or the owner or owners the residence of whom cannot be ascertained, by causing the same to be published for six weeks in the official paper of the city, at least once in each week, and by causing such notice to be mailed, post paid, to the address of such owners within five days from the time of the first publication of such notice, when the post office address of such owner is known.

contain.

SECTION 8. Section second of said chapter five is What notice to hereby amended so as to read as follows: Section 2. Such notice shall be signed by the city clerk or city attorney, and shall state the adoption of the resolution. and embrace a copy thereof, and further, that at a time and place therein named, not less than ten days after the service of such notice, or the expiration of such publication, as the case may be, application will be made to the judge of the circuit court for said county of Eau Claire, for a jury to inquire and determine whether it is necessary to take the lands or any part thereof, described in such resolution for the purposes therein specified. Such notice shall further state the time and place at which such jury will be applied for to meet to discharge such duty; and the judge aforesaid shall fix the time and place so named in the precept hereafter mentioned, and no other notice thereof shall be necessary.

jurors to veiw

SECTION 9. Section three of said chapter five is Appointment of amended so that the same shall read as follows: Sec premises. tion 3. At the time fixed in said notice for the appoint ment of such jurors, the judge named in said notice, upon proof of the service of the same on the owner or owners of the premises described in such notice, which proof shall be made in the same manner as is now required to make proof of the service of a summons in civil actions in courts of record in this state, shall appoint twelve competent persons, having the qualification of jurors in and for the courty of Eau Claire, and not residents of the ward in which such premises are situated, nor interested in such application, but residents of the city shall not be disqualified: provided,

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