The Superior times. [volume] (Superior, Wis.) 1870-1912, 1872-05-04

Published April 4, 1872.
CHAPTER iSS-GENERAL.

The people of the state OF Wisconsin, represented
in senate and assembly do enact as follows:
Section l. Any part Of any town or towns, not
ipcludef In any incorporated village and contain.
ing resident population OF not less than nve nun
Gred nersons and, If it shall include within its
boundaries a territory of more than one square
mile containing resident population OF not lie IS
than three hundred persons to every square mile
ar territory included within such boundaries, may
be incorporated as village under the provisions
of this act. And when so Incorporated, every
s7ch village shall be body corporate and polite
by the name and style o" the village OF - ~
he name OF such Village in the order of the cour!
incorporating the samel, and by that name may
have perpetual succession, and shall be capable Of
contracting and being contracted with, of suing
and being sued, pleading and being implicated
answering and being answered unto, complaining
and defending in all courts and places, anu i'll al
matters whatsoever, With power OF purchasing, re-
ce;yipg, holding, occupying and conveyin g rea
and personal estate, and shall have common
seal. and may CT ange the same at pleasure, and
shall have generally the powers possessed by mu
nicipal corporations at common and s'atute la-
and IN addition thereto shall possess n Po"eis
hereinafter specifically granted. o.,.,,;o.
Sec. 2. The persons intending 10 il-A appiica
tion for the Incorporation OF such vlp.ee as mere
in provided ahan cause an accorat. sulNey anu
map to DC made Of tine feflrloIS I " ~
embraced within the limits CT sucn village; sucn
survey, to be made by practical surveyor, shall
show the courses and distances OF the boundaries
thereof, and the quantity OF land contained there
in, the accuracy oil which survey and maps shall
be verified by the affidavit OF such surveyor, writ
ten thereon or annexed thereto.
Sec g. Such persons shall, also, cause an accu
rate census to be taken of the resident population
of such territory, as it may be on some day rot
more then ten weeks previous to the time OF pre-
sentipr such application to the court, as herein
after provided which census shall exhibit the
name of every head of a family residing within
such territory on such day, and the name OF every
person who is a bona fde resident OF such terrific
nv on sucn day, and it shall DC verified by the af
davit OF the person taking the same, Written there
on or annexed thereto.
Sec A. Such survey, map and census, when
Completed ana verified aforesaid, shall be lef.
at the residence or place oil busl1esS, within such
territory, of come person residing therein, and
shall be subject to examination at AL reasonable
hours by every person interested IN such appllca
sion, for period of five weeks from tho posting
or first publication oil the notice oil such applca
ton, As hereinafter provided.
Sec B. The persons intending to make such
application shall give notice that they Will Apply,
on some day therein specified to- the circuit court
of the county N which tuch territory lies, or IL
lie in more than county, to such rurt III one
of such counties to be named in the notice. for an
order Incorporating such territory as village by
a name to De therein specified; and such notice
shall descnbe the boundaries OF such territory Dy
courses and distances, and by specifying the town
or towns in which it lies and it shall state whero
such survey, map and census have been !c1t and
may be examined as aforesaid,
Sec 6. Ii there be q newspaper printed within
such territory, such notice shall be printed therein
once in ea:h week Tor six successive weeks pre-
vious 10 the time specified for making such appil-
cation and if there be no such newspaper, such
notice shall be posted in at least three OF the most
public places in such territory, at least six weeks
before the time so specified i'll said notice.
Sec. T. Such application shall be by petition,
subscribed by the applicants. who shall be not
less than FIVE in number, and who shall be tax
PAYERS and residents of such territory, and such
application shall set forth the boundaries OF such
territory, with their courses and distances, the
quantity OF land therein embraced according 10
such such survey, and the resident popu-
la1ion therein contained, according to such
survey such survey, map and Census and the
aflidavts verifying the same. and an affidavit that
they were left and kept, subject to examination,
as provided IN section Jour OF this act, also copy
of the notice of application aforesaid, with an al
fidayit thereon or affixed thereto CT the puDLca-
tion or posting OF the same as herelnbefore pro-
vided. shall be annexed to such petition, other
wise it shall not be acted on by the court ana 1t
shall be presented al the time specified in the no
,ice for presenting the same, or as soon thereafter
the applicants can be conveniently heard IN re-
spect thereto.
as aforesaid the court shall hear all the parties in
tcresu therein, who shall appear and ask 10 be
heard ; it may adjourn the hearing from time to
such territory, that ouch census shall again be
taken or both; it may appoint person or per
sons to make such re-surveY and to take again
such census; and 1t may refer any question
which may arise in respect 10 such application or
10 the proprlcty and merit thereof, to one or more
commissioners to be appointed By such court, to
examine and report thereon.
Sec. g. If such court, after hearing the parties;
shall be satisfied that such survey or re-5Urvey
and the census first or subsequently taken, are
correct that II the requirements OF this act in
.pect to the application nave been complied With,
md that such territory contained. at the time such
census was first subsequently taken, popura-
ton a. great and as great in proporji lon 20 the
quantity OF land embraced within the bounds
thereof rs that specified in the frat section this
act and that the lands embraced in such territory
or any part thereof ought justly TO be lrcluded IL
the corporation sought 10 be created and that the
interests of the inha otants OF such territory VIII
be promoted by such incorporation, 1t shall make
an order declaring that such territory, the bound
aries OF which shall be therein set forth by courses
and distances, and which may be enlarged or dl-
unfinished by such court IRON the boundaries
specified in suca application, as justice may re
ouire shsll be an incorporated village, by the
narc specified in such application, or by such other
lame as tc the court shall seem proper the elect
ols thereof shall assent thereto as hereinafter pre-
vidcd and in such order II shall direct three per
sons of the town or town in which such territory
shall lie 10 be named therein TO per form the du-
lies Of inspectors of elections required OF them
by this act. -
Sec 10. Such inspectors shall, without unrec-
cs.arv DELAY give notice of meeting of the elect
ors Of the territory described such order, to be
held at some convenient place therein TO be speci-
fled III such notice, Tor the purpose OF determining
whether or not suCl territory shall be an lncorpo
rated village. At suCG meeting tne polls shall be
opeued at ten O'Clock II the forenoon and shall be
kept open til four O'Clock in the afternoon, when
they snail be closed; but such inspectors may
dose the polls at twelve O'Clock, noon, for one
hour giving notice thereof The time OF opening
and closing the polls shall be specified in the no.
Sec. II. If there be a newspaper printed in such
territory sgch notice shall be published therein
once in each week fo- three successive weeks pre-
vious to such meeting; and ii there be 10 news
paper so printed. copies OF such notice shall be
posted IN at least three OF the most public places
in such territory at least three weeks previous 10
such meeting ,
inspectors at such meeting, and may designate one
of their number to act as clerk thereof; and all
laws of this state, applcable 10 the election OF
Shnlt pnrllu n SnI nd fr
all the proceedings thereat SO far as the same shall
be applicable and are consistent with the proY,s
ons of this act.
Sec. 13. Every elector residing IN such terrific
nv and qualified to vote for town officers in the
town in witch such territory or any part thereof
shall lie, may vote at such meeting by ballot
having thereon the word, yes, or ne word,
mo
Sec IL II majority of the ballots given at
sucn meeting shall nave thereon the word mo, -
the electors of su.h territory shai be deemed not
n village aud o further proceedings shall be had
IN respect to such Incorporation under such appli
cation asld order but II Il majority of such bal
lots shall have thereon the word, yes the In
habitants of such territory shall from the time oil
the recording of the order Of he court, aforesaid
IL to- office of the register OF deeds, be deemed
bocy polit tic and corporate by the name specified
In such orderi and the inspectors who shall have
rJreslc ed at such meeting snail cause statement
OF tie holding OF such meeting to be made, show
ing the whole number Of ballots given thereat the
number having thereon the word yes and the
number having thereon the word mo" which
statement shall be verified by the affidavit OF the
said inspectors written thereon or annexed there
10 and shall be recorded in the Office Of The regis
ter of deeGs of the county as herein provided
Sec. Is. The petition, survey. map, ceusGs and
notice OF The spplicaton with the atiifavits verl-
flying the same. ard the affidavit of leaving the
same Tor inspection. mentioned in section seven
of this act also the order of the court Incorporate
ing such village, and the statement OF the inepect-
o.: provided for IN section fourteen OF this act
anc the affidavit verifying the same shall be re.
corded at length In the Office OF the register Of
the holding Of the election prurfided for in sec,o
ten of this act acd all Of said pape.s shall he re-
corded, and tie same, or duly cerI,E a Gov,
thereof shall be fled in the Office of the clcfoi
such village within thirty days after his election