rendition of such judgment, execution may be issued thereon, upon the order of the court authorized to issue such execution, on special application therefor.

SEC. 19. The use of the jail of Iowa county until County jail otherwise provided, shall be granted to said city for the granted for confinement of offenders, and every such offender shall use of city. be delivered to the sheriff of said county, for whose custody, safe keeping and delivery the said sheriff shall be responsible as in other cases; but said county shall not incur or pay any liability or expense on account of any person committed to said jail for a violation of any ordinance, by-law, rule or regulation of said city, but such expenses shall be paid by the city.

SEC. 20. All officers of the town of Mineral Point, Village officers shall remain in their respective offices, and perform the several duties thereof, until the officers elected, by virtue of this act, shall be elected and qualified.

solved, &c,

SEC. 21. From and after the second Tuesday in When town May next, the connection between the said city and the shall be distown of Mineral Point, for town purposes, shall be dissolved, and the duties now or hereafter imposed upon the supervisors of the several towns, and other officers of towns, so far as they relate to the city of Mineral Point, shall be imposed on the officers of said city, and so much of said town of Mineral Point, as is not included in the city of Mineral Point, shall continue to constitute the town of Mineral Point, for the purposes of town and county government, and they shall hold their next town meeting at such place within the original town of Mineral Point, as the present board of supervisors shall appoint, and thereafter their place of meeting shall be decided by vote of their town meeting. The town business of the present town of Mineral Point, up to the time of the commencement of the city government, under this act, shall be settled by the town, as constituted by this act, and the amount of funds remaining, or debts due, as the case may be, proportioned between the said town and city of Mineral Point, according to the amount of taxable property belonging to each, as taken from the last assessment roll, such settlement to be made with the city council, by the supervisors of said town.

SEC. 22. Any justice of the peace of the town of Justices of the (Beloit,) [Mineral Point,] whose term of office shall not peace of the have expired at the time this act shall take effect, may

village.

Paupers, &c.

Bonds issued by village.

Vote on city charter.

Public act.

How act shall be construed.

Repealing clause.

hold and exercise the duties of his office for the residue of his term of office, in the same manner as though this act had not been passed.

SEC. 23. The laws of this State, for the relief and support of the poor in towns, shall apply to said city, and the common council shall annually levy such tax as will be necessary to comply with the provisions of such laws. The aldermen of the city shall be overseers of the poor, in their respective wards.

SEC. 24. All principal and interest upon all bonds, which have heretofore been issued by the town of Mineral Point, for railroad stock or other purposes, shall be paid when the same, or any portion of the same, shall fall due, by the city and town of Mineral Point, in the same proportions as if said town and city were not dissolved, such proportions to be apportioned in the same manner as provided in section twenty-one of this chapter, for the payment of money due to the present town of Mineral Point, and in case either town or city shall pay more than their equal and just portion of the same at any time, the other party shall be liable therefor, in action on the case, brought by the party so paying for the same.

SEC. 25. At the next town meeting to be held in the town of Mineral Point, on the first Tuesday of April next, the question of city charter or no city charter, shall be submitted to the qualified electors residing within the proposed city limits, and for that purpose there shall be provided a separate ballot box for votes cast on that subject. Those voting in favor of city charter, shall deposit a vote on which shall be written or printed, the words, " city charter," and those voting against city charter, shall deposit a vote on which shall be written or printed the words, "no city charter."

SEC. 26. This act shall be considered a public act and shall be construed favorably in all courts and places.

SEC. 27. This act shall take effect from its passage, and the same shall cease to be a law or to have effect on the first Monday of May next, in case a majority of the electors shall vote "no city charter," as provided in section twenty-five (25) of this chapter.

SEC. 28. An act entitled "An Act to incorporate the village of Mineral Point," approved July 11, 1844, and all acts amendatory thereto, so far as the same are in

consistent with the operations of this act, are hereby

repealed.

Approved March 2, 1857.

Chapter 132.

An Act to incorporate the City of Appleton.

The people of the State of Wisconsin, represented in
Senate and Assembly, do enact as follows:

CHAPTER I.

City and Ward Boundaries.

City and ward boundaries.

SECTION 1. From and after the third Tuesday of April City bounda next, the district of country, in the county of Outagamie, ries. and town of Grand Chute, contained within the limits and boundaries hereinafter described, shall be a city, by the name of Appleton, and the people now inhabiting, and those who shall hereafter inhabit the district of country herein described shall be a municipal corporation by the name of the city of Appleton, and shall have the general powers possessed by municipal corporations at common law, and in addition thereto shall possess the power herein specially granted, and the authorities thereof shall have perpetual succession, shall be capable of contracting and being contracted with, suing and being sued, pleading and being impleaded, in all courts of law and equity, and shall have a common seal and may change and alter the same at pleasure.

SEC. 2. The territory lying in the town of Grand Same. Chute, in the county of Outagamie, and being all of sections twenty-two, twenty-three and twenty-four, twenty-five, twenty-six, twenty-seven, thirty-four, thirtyfive, and thirty-six, in town twenty-one north, of range seventeen east, shall constitute the city of Appleton.

SEC. 3. The city shall be divided into (3) three wards, Ward boundas follows: The first ward shall be all that portion ly- aries. ing east of the following line, viz: Commencing at a First ward.

point on the north line of the city limits, due north of and opposite to the centre of the northern extremity of Drew street, thence south to the northern extremity of said Drew street, thence south along the centre of said street to Water street, thence in a southerly direction. through Fox river to the west end of Grand Chute island, thence around said island to the intersection of the Winnsbago Lake and Fox River Plank road, on the main land south of the branch of said river, thence along said plank road to the southern boundary of the Second ward. city of Appleton. The second ward shall be all that portion lying west of the following line, and not included in the first ward, viz: Commencing at a point on the north line of the corporate limits, due north of, and opposite to the centre of the northern extremity of North Division street, as marked on Stephens' Lithographic Map, thence along the centre of said street, which is hereby named and established as Western Avenue, and through the Court House square to the centre of Elm street, thence south along the centre of Elm street to Fox river, thence to the centre of said river, thence south-easterly to the western boundary of the first ward, at the end of Grand Chute island. The third ward shall include the remaining portion of territory in said City of Appleton not included within the first and second wards as hereinbefore described.

Third ward.

Elections.

Annual elec

tions of city officers.

CHAPTER II.

Elections.

SECTION 1. The annual election for ward and city offcers, after the first, shall be held on the first Tuesday of April of each year, at such place in each ward, as the common council shall designate, and the polls shall be kept open from nine o'clock in the forenoon till five o'clock in the afternoon, and ten days previous notice shall be given by the common council, of the time and place of holding such elections, and of the city and Elective offi- ward officers to be elected. The elective officers of said city, shall be a mayor, treasurer, assessor and marshal, one justice of the peace for each ward, one constable, one county supervisor, and two aldermen for Other officers. each ward. All other officers necessary for the proper management of the affairs of said city, shall be ap

cers.

pointed by the common council. All elective officers,
except justices of the peace, shall, unless otherwise Terms.
provided, hold their respective offices for one year, and
until their successors are elected and qualified. Jus-
tices of the peace shall hold their offices for two years,
and until their successors are elected and qualified;
Provided, however, The common council shall have Proviso.
power, for due cause, to expel any of their own num-
ber, and to remove from office any officer or agent
under the city government, except justices of the peace,
by a vote of two thirds of such body, due notice being
first given to the officer complained of.

SEC. 2. When a vacancy shall occur in the office of Vacanciesmayor or alderman or county supervisor or justice, such how filled. vacancy shall be filled by a new election, which shall be ordered by the common council, and Held within fifteen days after such vacancy shall be made known to the common council, and the notice of such election shall be from the same authorities and for the same length of time, and be conducted in the same manner as annual elections; any vacancy happening in any other office, shall be filled by the common council; the person elected or appointed to fill a vacancy shall hold his office and discharge the duties thereof for the unexpired term, and with the same rights and subject to the same liabilities as the person whose office he may be elected or appointed to fill.

tion.

SEC. 3. All the elections by the people shall be by What constiballot, and a plurality of votes shall constitute an elec- tutes an elec tion. Where two or more candidates for an office shall receive an equal number of votes for the same office, then the same shall be determined by the casting of lots in the presence of the common council, at such time and in such manner as they shall direct.

SEC. 4. All persons entitled to vote for county officers, Qualified elecwho shall reside within the ward where they offer to tors. vote, shall be entitled to vote for any officer to be elected under this law, and to hold any office thereby created.

first-how

SEC. 5. The elections in said city after the first shall Elections after be held and conducted by the aldermen of each ward, conducted. who shall be the inspectors of elections and shall take the usual oaths or affirmations, as prescribed by the general election laws of this State to be taken by the judges and inspectors of election, and shall have power to appoint clerks of such elections and to administer