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Work to be let to lowest bidder.

School moneys to remain in treasury

power, by and with the consent of the common council, to erect, construct, hire and purchase buildings suitable for school-houses, buy and lease sites for school-houses in said city, with the necessary fixtures, furniture and apparatus.

SECTION 7. All work and labor, when the value thereof shall amount to over thirty dollars, necessary to be done for the said schools (excepting teaching) and all materials to be provided for the use of the same, that are of such a nature as to admit of it, shall be done and procured by contract, and let to the lowest responsible bidder, for which the clerk, under the direction of the board, shall advertise and receive proposals in a public manner; and no member of said board sball either directly or indirectly have any pecuniary interest in any such contract.

SECTION 8. All moneys to be raised by virtue of this act for school purposes, and all which the said schools may be entitled to receive by virtue of any law of this state, and all money in possession or which may hereafter come into the possession of the county treasurer of Fond du Lac county, at any time raised or appropriated, or intended for the use and benefit of schools in said city, shall be and remain in the city treasury until lawfully paid out.

SECTION 9. The said board of education shall bave power to allow the children of persons not residents of said city, to attend any of the schools therein under the care and control of said board, upon such terms as said board shall by resolution prescribe, fixing the tuition which shall be paid therefor. The said board sball also have the power to prescribe such rates of tuition to be paid, and the manner in which such tuition shall be paid, by all scholars attending any or all departments of the high school, and to prevent any refusing to pay such tuition, from attending the same.

SECTION 10. It shall be the duty of the board of education to report to the common council on the first Monday of August in each year, the condition of the several schools in said city, and the average number of pupils in attendance, the names and rate of compensation of the several teachers, the cost of supporting each and all of said schools since their previous report, and the estimated cost thereof for the ensuing year, and also from the time of said report to the first of day January

Children of non-residents may attend school.

Reports.

following, as in this section required, specifying the items thereof under their appropriate heads, together with such other matters as they may deem proper, or the common council may require : provided, that nothin this chapter contained shall be deemed to authorize said board of education, or the common council, or both, to appropriate, contract or expend for school pur : poses in any one year any greater sum than is authorized to be raised for school purposes, in addition to the school moneys derived by said city from the state and county school fund, and such fines, forfeitures and penalties and tuition moneys as may properly belong to the city school fund, unless first authorized thereto by a vote of a majority of the vote of said city, which may be cast upon the subject.

SECTION 11. All accounts or demands against said Allowance of school district, less than the sum of thirty dollars, ex: cept salaries of teachers, or amounts previously fixed by contract or determined by law, may be allowed and paid by said board, after first being audited by the comptroller, by an order on the treasurer of the city, payable to the order of the person in whose favor the same may be drawn, and which order shall specify the parpose for which it is drawn, and the same shall be signed by the president of the board of education and city clerk. All other accounts and demands shall first be audited and then allowed by the common coun. cil.

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accounts.

CHAPTER XIX.

CITY BONDS.

SECTION 1.

For the purpose of compromising and Issue of bonds taking up the bonds of the city of Fond du Lac, issued compromise inander an act entitled "an act to authorize tho city of debtedness for Fond du Lac to loan its credit to aid in the construction of railroads,” approved March 16, 1854, and also under an act entitled "an act to authorize the city of Fond du Lac to loan its credit to aid in the construction of the Chicago, St. Paul and Fond du Lac railroad," approved March 7, 1856, the common council of the city of Fond du Lac sball' have power to issue the bonds of said city at a rate that the mayor and a majority of the common council may agree.

10-P. & L LAWS.

Denomination SECTION 2. The bonds herein provided for shall be of bonds, rate of interest, etc. issued in amounts of not less than five hundred dol

lars and not exceeeing one thousand dollars each, except in fractional amounts due to individual bondholders, on the terms hereinafter specified for sums less than five hundred dollars, in wbich case they may be issued for the actual sum for which such bond or bonds may be compromised. Each of said bonds shall bear date at the time they are issued, and shall be issued on time not exceeding twenty years, and with coupons or interest warrants attached, drawing an annual interest not exceeding six per cent., to be paid at the office of the

treasurer of the city of Fond du Lac. Sinking fund SECTION 3. For the better security and more prompt for redemption of bonds. payment of said bonds, the common council aforesaid

are hereby authorized and required annually to assess and levy upon the taxable property of said city a sinking fund, sufficient to redeem the whole of said bonds within twenty years, commencing five years after date. The sinking fund shall be expended in the purchase of the bonds herein authorized, at a price not exceeding their New York market value, and not above par, or otherwise to be invested in United States or state stocks, at not exceeding their New York market value, to be disposed of exclusively for the redemption of such bonds

whenever they can be purchased as aforesaid. To be delivered SECTION 4. The common council of said city, change for old the city officers and its agents, are hereby expressly probonds.

hibited from issuing and delivering any of the bonds herein provided for except in exchange for the bonds and coupons first recited in this chapter, and then only

upon a compromise at a rate herein provided for; and Embezzlement.

any other delivery of said bonds by any city officer or agent of the common council shall be deemed an embezzlement, and subject the offender upon conviction thereof, to fine and imprisonment, at the discretion of the court before which conviction is had, and the bonds when so illegally issued and delivered shall be of no value, and shall not entitle the holder thereof to col

lect the same from the city. Tax for paym't

SECTION 5. For the payment of the bonds herein of coupons authorized, the common council of said city is authorand sinking fund, ized and required annually to levy and assess upon the

taxable property of said city a tax of sufficient amount to pay the coupons and sinking-fund, and such portion

of the bonds as may become due during the ensuing
year, the levying whereof shall be ordered by a vote of
the common council, taken by ayes and nays, and re-
corded upon the journal; and if the levying of said Individual
tar shall be neglected or defeated, except for cause over liability.
which the common council may not have control, any
member thereof so neglecting, or acting knowingly con-
trary to the requirements of this section, shall be person-
allv liable to a tine of five hundred dollars.

ŠECTION 6. In case of any neglect or omission to Judge of circuit levy such tax by the common council aforesaid, upon levy of tax. the application of any one or number of persons holding such bonds or coupons so to hecome due or over due, to the judge of the circuit court, and showing such peglect or omission of the common council to the satisfaction of said judge, he is hereby authorized to issue his precept to the city clerk of said city, or to any other person, commanding such clerk or person so designated to levy the necessary tax (specifying the amount to be raised) to pay the coupons, sinking-fund and bonds so due or to become due, and an assessment 80 made shall be legal and binding in all respects as if ordered by the common council; and for the purpose of facilitating the assessment of such tax in the manner prescribed, the person so directed by said judge shall have free access to all the city records, assessment rolls or other papers necessary for that purpose, and the taxes so levied shall be collected by the city treasurer, and returns made in every respect like other city taxes, and when collected shall be appropriated exclusively for the purposes specified in the chapter.

SECTION 7. "The common council, by a vote of two. Parchase of thirds of all its members, shall have power to purchase maturity. the bonds of the city before due, at such reduced rates below their value as they may deem for the best interests of the city, and they may levy taxes as aforesaid for the payment of the same, not exceeding ten thousand dollars in any one year for such purpose.

SECTIUN 8. Coupons falling due in any one year, Coupons reshall be receivable for city taxes of the year in which such taxes may be assessed.

SECTION 9. The common council of said city is Probibition. hereby prohibited from issuing the bonds of said "city hereafter for any other purpose whatever, except in payment of the bonded debt of said city.

taxes.

Additional bonds from treasurer.

Penalty for non-compliance.

SECTION 10. The common council of the city of Fond du Lac is hereby authorized to require of the city treasurer any additional bond and sureties which may be deemed necessary for the safe keeping and disbursement of the moneys collected by authority of this chapter, and for the faithful performance of all duties imposed by the same.

SECTION 11. If any member of the common coun: cil, or any city officer or agent, shall neglect or refuse to comply with the provisions of this act not made the subject of special penalty, he or they, as the case may be, shall be liable to such fine or imprisonment, or both, on conviction thereof, as the circuit court in its discretion may impose; and all fines imposed by the provisions of this act may be collected by action in the circuit court, upon complaint of any person or party interested, and shall be paid into the city treasury, and appropriated exclusively for the payment of the coupons and bonds herein before mentioned.

CHAPTER XX.

MISCELLANEOUS PROVISIONS.

Actions to be in

SECTION 1. All actions brought to recover any penname of city. alty or forfeiture under this act, or the ordinances, by

laws, police or health regulations made in pursuance thereof, shall be brought in the corporate name of the city. It shall be lawful to declare generally in debt for such forfeiture or penalty, stating the clause of this act, or by-law or ordinance under which the penalty or forfeiture is claimed, and to give the special matter in evidence under it.

SECTION 2. In all prosecutions for any violation of First process.

any of the provisions of this act, or any by-law or ordinance, except as is herein otherwise expressly provided, the first process shall be by summons, unless

oath be made for a warrant, as in other cases. Defendant may SECTION 3. Executions shall issue forthwith upon be imprisoned.

the rendition of the judgment. The execution shall require the defendant in any such action, in case no goods or chattels, lands or tenements whereof the judgment can be collected be found, to be imprisoned in the watch house or county jail of Fond du Lac county for a term not exceeding six months, in the discretion

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