Third.

Fourth.

Fifth.

Corporate powers.

Ibid.

Officers.

Third ward. All that portion of said city lying west of the channel of the said east branch of the Fond du Lac river, as the same has been improved and changed, and extending north to the center of Merrill street, to where the same strikes the channel of the Fond du Lac river, thence north along the channel of said river to the south line of Moore's addition No. 2, thence west along said line to the west line of the city limits, shall constitute the third ward.

Fourth ward.-All that portion of said city lying north of the center of Merrill street and south of the center of Cotton street, shall constitute the fourth ward. Fifth ward.-All the remaining portion of said city lying north of the center of said Cotton street, shall constitute the fifth ward.

CHAPTER II.

RIGHTS AND POWERS OF THE CORPORATION.

SECTION 1. The people now inhabiting and those who shall hereafter inhabit within the district of country described in the preceding chapter, shall be a corporation, of the name of the "city of Fond du Lac, and shall have the general powers possessed by municipal corporations at common and statute law, and in addition thereto shall possess the rights and privileges hereinafter specially granted.

SECTION 2. The authorities thereof shall have perpetual succession, and in the name of said corporation may sue and be sued, complain and defend in any court, make and use a common seal, and alter it at pleasure, and may receive by bequest, gift, grant, devise or purchase, and hold and convey, contract and be contracted with, such real and personal estate as the purposes of the corporation may require.

CHAPTER III

OFFICERS THEIR ELECTION AND APPOINTMENT.

SECTION 1. The municipal government of the city shall consist of a common council, composed of the mayor and three aldermen from each ward, one of whom shall be designated as chairman. The other officers of

the corporation shall consist of a comptroller, city clerk, city treasurer, city attorney, city surveyor, fire marshal and assistant, street superintendent, superintendent of schools, chief of police and policemen, police justice, one assessor, inspectors, harbor master, sealer of weights and measures for the city at large, and two school commissioners, one justice of the peace, one fire-warden and one constable for each ward, and such other officers and agents as may be provided for by this act, and such as the common council may from time to time appoint

SECTION 2. The mayor, city treasurer, police jus- Elective and tice, aldermen, justices of the peace and constables appointive of shall be elected by the people at the annual municipal election for city and ward officers. All other officers shall be appointed by the common council at the first regular meeting thereof after the third Tuesday of April in each year, or as soon thereafter as may be: provided, that the superintendent of schools shall be appointed by the board of education,

SECTION 3. The police justice, justices of the peace Term of office. and school commissioners shall hold their offices for two years, and until their successors are elected and qualified: provided, that in the year 1868 there shall be appointed two school commissioners from each ward, one of whom shall be designated, and hold his office for one year, and the other for two years. Every year thereafter there shall be appointed one school commis sioner from each ward, who shall hold his office for two years; and all other officers either elected or appointed shall hold their office for one year, and until their successors are elected and qualified, subject to removal as in this act is made and provided.

SECTION 4 When any vacancy shall happen by Vacancies. death, resignation, removal or otherwise of any officer of the city elected by the people for the term of two years, the same shall be filled by an election for the unexpired term, at the next annual election after such vacancy shall have occurred: provided, such vacancy shall have occurred ten days previous to the said annual election. Any vacancy of any other city officer elected by the people or appointed by the common council, or such vacancy occurring otherwise than mentioned herein, the same shall be filled by appointment by the common council.

6-P. & L. LAWS

Bonds.

What deemed vacancy.

No officer accepted as surety.

Oath of office.

Officers may be removed.

SECTION 5. The comptroller, city clerk, city treas. urer, chief of police, police justice, and such other officers as the common council may direct, shall severally, before they enter upon the duties of their respective offices, execute to the city of Fond du Lac a bond, with at least two sureties, who shall swear that they are each worth the penalty therein specified, over and above all debts, exemptions and liabilities, and such bond shall contain such penal sum and such conditions as the common council shall prescribe; and the common council may from time to time require new and additional bonds. Such bonds shall be filed and recorded in the office of the city clerk within fifteen days after the officer executing the same shall have been notified of his election.

SECTION 6. Any city officer neglecting or refusing so to execute and file the bond or bonds required in the preceding section within the time therein mentioned, shall be deemed to have refused said office, and the same shall be filled by appointment or election as in cases of vacancy; and in case the common council shall not approve of any official bond so executed, the officer so executing the same shall furnish a new and satisfactory bond within fifteen days after notice of such disapproval, and in case of failure he shall be deemed to have refused said office, and the same shall be filled as in cases of vacancy.

SECTION 7. No alderman or other city officer shall be accepted as surety upon any bond, note or obligation made to the city, nor shall any officer required to give bonds as aforesaid, enter upon the discharge of the duties of his office until such bond shall have been filed and approved as by this act provided.

SECTION 8. Every person elected or appointed to any office under this act shall also, before he enters upon the duties thereof, take and subscribe the oath of office, certified by the officer taking the same, and shall file the same with the city clerk within fifteen days after notification of election, and if he shall neglect or refuse so to take and file such oath, the office shall be deemed vacant.

SECTION 9. Every officer who may be elected or appointed to fill any office for whose removal from of fice no other provision has been specially provided by this act, may be removed from such office by a

ance wit

vote of two-thirds of all the aldermen elect. But no such officer shall be removed except for good cause, nor unless furnished with the charges and heard in his defense; and the common council shall have power to Council may compel the attendance of witnesses and the production compel attendof papers when necessary for the purposes of such trial nesses. and shall proceed within ten days to hear and determine upon the merits of the case; and if such officer neglects to appear and answer to such charges, or if such charges are sustained, then the common council may declare such office vacant. Any officer may be suspended until the disposition of the charges when so preterred: provided, that the chief of police, any policeman or the street superintendent may be removed at any time, and without cause being shown or charges preferred, by a vote of two-thirds of all the aldermen elect.

CHAPTER IV,

ELECTIONS.

SECTION 1. The annual election for city and ward Annual elecofficers shall be held on the first Tuesday of April in tions. each year, at such places as the aldermen of the proper wards shall designate, and the polls shall be kept open in each ward from nine o'clock until twelve o'clock in the forenoon, and from one o'clock until five o'clock in the afternoon of the same day; and there shall be given ten days' previous notice, publication in at least two papers published within the city, and by posting three written or printed notices in three public places in each ward within the city, of the time and place of holding such election, and the city and ward officers to be elec

ted.

ballot-tie

SECTION 2. All elections by the people shall be by Elections by ballot and a plurality of votes shall constitute an elec- votes. tion. When two or more candidates for an elective office shall receive an equal number of votes for the same office, the election shall be determined by the casting of lots in presence of the common council, at such time and in such manner as the common council shall direct. All votes for elective officers shall be upon one ballot, and shall be deposited in one ballot

box

Qualifications of voters.

Penalty for illegal voting.

Eligibility to office.

By whom elections conducted.

In case of challenge.

SECTION 3. All persons entitled to vote for county and state officers, and who shall have had an actual residence for ten days next preceding such election within the ward where they offered to vote, shall be entitled to vote for any officer to be elected under this act. A residence shall be construed to mean the place where such elector lodges, and if required he shall take the following oath: "I swear (or affirm,) that I am of the age of twenty-one years, that I am a citizen of the United States, (or have declared my intentions to become a citizen, conformably to the laws of the United States on the subject of naturalization,) and have been a resident of this state for one year immediately preceding this election, and am now a resident of this ward. And I do further swear, (or affirm,) that I have made no bet or wager, or become directly or indirectly interested in any bet or wager depending upon the result of this election." All persons illegally voting, and all fraud, deceit or corruption at any election under this act, shall be punished according to the laws of this state made and provided for the punishment of illegal voting, fraud, deceit or corruption at any general election.

SECTION 4. No person shall be eligible to hold any office mentioned in this act, unless he shall be at the time a resident elector of the city, nor shall any person be eligible to any ward office unless he shall be at the time a resident elector of the ward in which such office exists; and provided further, that no resident elector of any ward shall be eligible to the office of alderman or assessor, unless he be a resident freeholder of the ward in which the office exists.

SECTION 5. The elections in said city shall be held and conducted by the aldermen of each ward, who shall be the inspectors of elections, and the chairman of the board of aldermen of each ward shall be the chairman of the board of inspectors. They shall take the usual oath or affirmation, as prescribed by the general laws of the state for inspectors of election, and shall have power to appoint clerks of election, and to administer the necessary oaths; vacancies in such board of inspectors to be filled in the same manner as provided. by the laws of the state for vacancies on board of inspectors at general election.

SECTION 6. If any person offering to vote at any