The Superior times. [volume] (Superior, Wis.) 1870-1912, 1872-05-04
GENERAL laws OF THE STATE OF WISOONSIN-l872L

poses, the board Of trustees NAV submit 70 PHI the
people the question of levyi1g such tax or taxes al
any sererai or special election, and in such man
heT as tney may prescribe.
sec. DO The town clerk, or any other prope,
olnCer Oh the town or towns in which such village
Is situated, sha! assess, apportion and carry oul
rucn Viilage taxes upon all the real and personal
properly iiable therefor, in separate Column in
inc taX-ro OF bis Town next thereafter issued and
aenVered TO the treasurer Of his town for collec
Iion, IN the same manner as he shall assess carry
Cut, ana apport1on town, county and state taxes;
ana such taxes SHALL be collected in the manrel
PROVIDED by law for the collection of other taxes In
sucn ron, and when sc collected, shall be paid &C
lhe village treas lrer other person entitled to
receive the same. The town treasurer shall be CT
u eo 10 retain two per cenium of all such moneys
eohectcu Dy him. and tho same shall be il lieu o
all compensation for services rendered by him In
inc collection and paying OYER OF such taxes Asy
oHccr or person who shall neglect refuse, or
uenanu, 10 pay over any such taxes when so eel
ieCted by him shah be liable TO ion therefor
WIN twenty five per centUm damages to be added
thereto, 10 be sLed for and recovered in the name
Oh 5uch village, ofsUch defaulting officer or person
and his saretles
Sec. So. Bonds of such village or its ORDER, with
OF without interest, may be i.sued and sold under
sucn restrictions and regulations as the board OF
uustees may direct for the discharge OF any legal
DEBT, the purchase or erection CT public buildings
the purchase OF fire engines, the purchase or ercc
tlon or water WORKS, the grading or paving OF
streets, or the laying out altering widening or i'm
proving OF the same; the purchase, enclosure OF
Improvement of cemeteries public parks OIL
oil tuch board; but no such Indebtedness shall be
created greater in the aggregate than five pei
centum OF the assessed valuation OF the property
IL such village, without providing in the ordi.
nance authorizing or creating such Indebtedness
Tor the payment hereof by the levyine of an cana
annual tax on the taxable properly of such village
10 De applied exclusively for this purpose. and
Whch shall BE sufficient for the full payment there
OF and interest, within a period not exceediuo
tWerty years; and such taxes shall annually there
alter be levied and collected without further action
or order of the board of trustees, AID such o-di
nance shall be irrevocable until such Indebtedness
be fully paid.
Sec. 81 The assessor in each town in which
such village ls situated, in assessing the taxable
property In Els town IN each year, shall assess the
taxable property, real and personal, within the
limits OF such village in continuous part OF his
assessment roll, and foot u the valuations OF all
the Items thereof separately.
See. So There shall be bat one fund in the
treasury OF any snch village.
AUDITING AND ALLOWING OF ACCOUNTS
Sec SO. AHsccounts and demands against any
such village, shall before payment thereof be audit
ed anIEaiowed by the board oftrustces Every suct
account shall be made cut in items, and before
me same shall be acted apCn, shall be verified by
alhdaVlt az correct and just, and in no part paid
and such affidavit shall be endorsed on or annexed
u such account or demand, and presented and
tled and preserved herewith. On the final Gispo
sltloD OF any account demand, if al!owed in
whole or in part, the word. allowed and the
amount or items thereof allowed, shall be 1dors
Cd thereon, aud II not allowed, the word ''dlsa
lowed, shall be endorsed thereon. which en-
dorsement shall be made and signed by the clerk
me minutes of the proceedings of such board
snail show 10 whom and for what purpose every
such account was allowed, and the amount OF
items thereof so allowed; and every account OF
claim allowed in any amount or part shall be flee
IL the clerk Office o. such village.
Sec. 60 Claims or demands against such village
shall re paid only by the treasurer thereof and
such treasurer only alter the shall nave been
duly presented, audited and allowed and then
only on written order signed by the president
and clerk OF such village, specifying the amoTn
OF money to be paid, to whom payable, the mum
Der of the order, and the objec. fer which il was
drawn.
OPENING CT STREETS, ETC.
Sec. 81. The board of trr stees In case OF the
laying out, altering or widening of any st. eat
alley or public walk, shall cause 10 be paid to tho
owner or owners o. any lot or LAND through which
the same may pass, Or any part OF which shall bt
appropriated therefor. adequate compensation, ou
OF the village treasury, for such damages may
be sustained IN consequence thereof
Sec. 81. Such damages shall be ascertaiaed and
awarded by the board OF trustees, and In deter
mining the ssme they shall take into considcra
resulting from the laying ont, altering or widen
ing OF such street, alley public walk. Suct
award shall be in writing, signed by tie president
and CLERK, and fled in the clerks office. a
Sec63. Ii any person owning any such land shS
be dissatisfied with such award, aud shall witni,
thirty days after the fling thereof with the village
clerk, serve on such clerk notice OF appeal to the
circuit court thereirOm, and deliver to the CLERK
an undertaking il the sum of not less than two
hundred dollars, with at least one surety who hal
justify his responsibility for such sum, condition
ed that he viii pay all the costs of such appeal il
case he does not recover greater sum than ha
been SO awarded 10 him, then and in such case
| the CLERK shall transmit all the papers ant
copies of record duly certified by him, to the cler
OF the circuit court OF such county. and such ap
| peal shal be heard and determined the same a
appeals from Justices courts. The appellant sha
| also, at the tine of such appeal, serve n Copy @
his complaint on the clerk of such village, setin
forth all the material facts on which he Intends /
rely In the trial OF such appeal, and he shall stan
as pialntln lnsthe cause, and tho village us defend
ant The defendant EIay answer or demur to suc
complaint and the pieadings and practice IN sue
cases shall be governed by the same rules as i
ordinary civil actions If the plaintiff shall recoy
er greater sun than was ded to him, he snail
aiso recover costs as in appeals from justices
courts, ard the same shall be entered as a iudc
mcnt aganSt Such village. If he shall recover les
thsn such award, the defendant shall be entities
10 costs as IN Appeals from justices cour.s and il
such case the recovery OF the plaintiff and the cost
OF the defendant shall be set OFF, the one agans
the other, ard judgment shall be renderded 70
ihall be due.
Sec. 6i. Upon the petition in writing IF all tn,
owners or lots or land on sny street or alley IL
such village, and not otherwise the beard OF trus
tees may discontinue such street or alley or n n y
part thereof. At least one week before acting OF
such petition, the board shall cause a written OF
printed notice to be posted IN three public places
of such village, stating when the petition will be
acet on, amt what street or alley or part thereof
Is |, opposed TO be vacated.
FINES AND PENALTIES.
Sec. Is. All actions brought to recover any ne
penalty or forfeiture for a violation of this act OF
any ordinance, rule. resolution regulation or bylaw
enacted by the board OF trustees OF any village in
pursuance thereon, shall be brought in the corpo-
rate name of such village. The first process IN all
cases, except when arrest is made without process
shall be by civi warrant ard the same shall be in
like form, and issued on affidavit, IN like manner
as civil warrants in Justices courts; but arrests
may be made in all cases with out process, where
the marshall shall know Or be informed of any
such violation.
Sec. &c. The complaint shall in all cases be suf
1cient H. without setting forth tho special matter
1t allege that the defendant is indebted to the
Ilaintltf IN the amount of such fine, penalty or
forfeiture. according to the provisions OF The law
ordinance, regulation, rulc, resolution or by-la
by which the sane is imposed, specifying such
law, ordinance, regulation, rule, resolution or by
law, by section, chapter or title, the case NAV
require, or II some other similar terms raferriug
to the same, and contain q demand for Judgment
fer the amodnt of such fire, penalty or forfeiture
Sec. 6l. The subsequent pIeadinCs in sGy such
action shall be the came, and of the same force and
effect, in actions for the collection of penalties
and forfeitures in JUSTICES courts under the Ceuer
al laws OF this state.
Sec. S. Where the fine, penalty or forfeiture
shall not exceed a specified sum- the action may be
brought fer the highest sum so specified, and il
Judgment be given for the plaintiff IL SHALL be for
the sum 90 demsnded Oh snch part thereof, within
the prescribed limits, The court shall deem pro-
portionate to the ofcnse, together with tho costs
of suit; and in all cases IN which the law, ordin.
alce, rule, regulation, resolution bylaw for <he
violation of which the acton is brought, shall so
prescribe, the court shall further adiCdge that in
default of the payment of such sum, the defendant
shall be committed to the lookup OF such village
or the common Jail of such County, for such time
within the prescribed limits, as shall seem to the
court to be proportioLatc to the ofense commitied
such commitment sha state the amount of the
fine and costs, in default of payment
of which tie defendant has been
committed and any such person shall be
released py the keeper of such iail or lock-up on
the expiration of the time for which he was com
p1tted the order of the police justice stating
that such lnc and costs have been paid All persons
committed TO any such county Jail shall be rcceiv-
cd and taken IN charge by the keeper OF such jail
and shall be kept in such jail at the Expense CT
such county for the time for which he was COM