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Qnalifications of voters.
SECTION 3. All persons entitled to vote for county and state officers, and who shall have had an actual res. idence 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 electio), 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 inter
ested in any bet or wager depending upon the result of Penalty for ille. this election.” All persons illegally voting, and all gal voting. 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 elec
tion. Eligibility to 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 be 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 gen: eral laws of the state for inspectors of election, and shall have power to appoint clerks of election, and to admin: ister 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
By whom elections conductod.
In case of chalkonge.
election pursuant to this act, shall be challenged as unqualified by any elector, or by one of the inspectors, the inspectors before receiving such vote shall require the party challenged to take the oath mentioned in section :hree of this chapter, and if any person shall take such oath falsely, he shall be deemed guilty of willful and corrupt perjury, and upon indictment in the circuit court of Fond du Lac county, shall suffer the penalties prescribed by law for the punishment of perjury.
SECTION 7. If any person who is not a qualified voter megal voting. shall vote at any election herein provided for, or if any person shall vote in any other ward than the one in which be resides, or shall vote more than once at any one election, be shall be liable to indictment, and on conviction thereof shall forfeit and pay a sum not less than twenty-five nor more than one hundred dollars
SECTION 8. It shall be the duty of the inspectors Duty of inspecto keep a list of the names of all persons voting, as well tors. as of those whose votes may be challenged, as mentioned in the preceding sections, and of those who shall swear in their votes; and if any inspector shall knowingly and corruptly receive the vote, or shall make any false statement or return of any election, or shall alter or change any vote, or if any clerk shall not write down the name of every voter as he votes, or shall add to or diminish from the poll-list kept by him or by his associate, or shall willfully make untrue or incorrect count and tallies of votes, each and every such inspector and clerk shall be liable to indictment, and on conviction thereof severally forfeit and pay a sum not less than one hundred dollars por more than five hundred dollars
SECTION 9. When the polls of an election sb Return of vot 06 bave been closed, and the number of votes for each Candidate or person voted for shall have been counted and ascertained, the said inspectors and clerks shall make a return thereof, duly signed, stating therein the Domber of votes for each person, and the office designated and the whole number of votes cast, and shall deliver such return, together with the oaths of the inspectors and clerks, and the poll-list kept by them, to the city clerk within three days after any election. In case of any neglect or failure of any inspector or clerk Penalty.
Canvass of votes.
How elections to be conducted.
to comply with the provisions of this section, such inspector or clerk shall be liable to said city in the penal sum of one hundred dollars and costs of suit, to be re. covered in like manner as other penalties.
SECTION 10. Within one week after each and every annual municipal election held under this act, the common council shall meet and canvass said returns, and declare the result as it appears from the returns, and the city clerk shall, within three days thereafter, give notice to each person elected of his election.
SECTION 11. All elections under this act shall be held and conducted, when it is not otherwise provided herein, in the same manner and under the same penalties as provided for by the laws of this state for the election of town and county officers.
SECTION 12. All city and ward officers now in office shall hold their respective offices until their cessors shall be elected and qualified by virtue of this act, and the term of every officer elected or appointed shall be for one year, and shall commence upon the third Tuesday of April of the year in which he or they are elected: provided, that the police justice and jus. tices of the peace
shall hold their offices for two years. SECTION 13. Should there be a failure by the people to elect any officer herein required to be elected, on the day designated, the common council shall have the power to fill such vacancy by appointment, or may order a new election to be held immediately thereafter, after giving notice as required at the first election.
Terms of once of present offders.
In case of failure to elect.
OFFICERS—THEIR POWERS AND DUTIES.
SECTION 1. The mayor shall preside over the meetings of the common council, and shall see that the laws of the state, and the laws and ordinances of the city, within the corporation, are duly enforced, and that all officers of the city discharge their respective duties. He shall, from time to time, give the common council, in writing, such information and recommend such measures as be may deem proper and advantageous to the interests of the city, and shall perform any and all duties imposed on him by this act, or by the ordinances or resolutions of the common councii. It
shall be his duty, generally, to maintain the peace and good order of the city. He shall vote in the common council only in case of a tie vote. He shall have the power to administer oaths or affirmations, and take and certify acknowledgments of deeds and other instruments in writing, authorized to be taken by the laws of this state.
SECTION 2. The president of the common council Presidentshall be one of the aldermen elect, who shall presidending officer. over the meetings of the common council and discharge all the duties of mayor in the absence, inability, or if from any cause the mayor is unable to perform the same. In case the mayor and president be absent from any meeting of the common council, the common council shall proceed to elect a temporary presiding officer, who, for the time being, shall discharge the duties of mayor; but the president of the council, or the temporary presiding officer shall sign no order or warrant or perform any act wbatever which the mayor ha l refused to sign or do, and had communicated such refusal to the common council.
SECTION 3. The comptroller shall keep an accurate Comptroller and detailed account of the financial condition of his duties. the city and of each ward, in such manner as the com. man council shall prescribe. He shall make copies of the assessments of the property of the city when required, and shall make and complete all tax rolls. He shall also keep an accurate account with the city treasurer, and charge him with all taxes levied and sums of
aey paid into the treasury. He shall make out a Ist of all the outstanding city bonds and coupons, to wism, when and where payable, and the rate of interest they may respectively bear, and recommend such action to the common council as will secure the punctaai pasinent of the principal and interest of such boods. He shall report annually, or as often as the common council shall require, an estimate of the ex: peasts of the city and of the several wards, and likewise the revenue necessary to be raised for the current year. He shall make or cause to be made estimates of ihe expenses of any work to be done by the city, and shall countersign all contracts made in behalf of the city and all certificates of work by any committee of the common council, or by any city officer. He shall countersign all orders drawn upon the city treasury by
order of the common council, and shall keep a correct record of the same. He shall examine all estimates of work to be done by the street superintendent and coun: tersign all orders, contracts and certificates of work entered into or given by them, and no contract entered into or certificate issued shall be of any validity unless countersigned by the comptroller. He shall keep a list of all certificates issued by the proper officers of each ward, and before the levy by the common council of the annual tax, shall report to the common council a schedule of all the lots or parcels of land within the several wards which under this act may be subject to any special tax or assessment, and also the amount of such special tax and assessment which it may be necessary to levy or assess on euch lot or parcel of land, with a full statement of the several acts done and performed in reference to such special taxes or assessments, which said schedule shall be verified by the affi. davit of the comptroller, and shall be prima facie evi. dence of the facts therein stated in all cases wherein the validity of such special tax or assessment shall come into question. The common council shall, if from such report they deem such special tax or assess. ment legal and just, cause the same to be assessed in pursuance of the provisions of this act. He shall report in the common council monthly the amount of work done, or for which contracts have been entered into chargeable to the several wards and to the general city fund, and set forth what proportion the same will bear to the annual estimate made by him for the work to be performed and revenue to be raised. the first day of September of any year, the amount expended or to be expended chargeavle to any of the city or ward funds, (adding thereto the current expenses estimated for the remainder of the fiscal year, and chargeable to such fund,) shall be equal to three-fourths of the tax authorized to be raised or revenue estimated for such fund, he shall at once report the same to the common council, and he shall not countersign any contracts chargeable to such fund until the amount of taxes actually collected be ascertained, and during the remainder of the fiscal year he shall not countersign any contracts the expense of which shall exceed the revenue actually collected for the fund to which such ex. pense is properly chargeable. He may nogotiate be
If on or before