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Delivering property to successor in office.

shall file with the clerk of the city a copy of such publication, with his or their affidavit, or the affidavit of his or their foreman, of the length of time the same has been published; and such affidavit shall be conclusive evidence of the publication of such notice, ordinance or resolution.

SECTION 11. If any person, having been an officer in said city, shall not, within ten days after notification and request, deliver to his successor in office, all property, books, papers and effects of every description, in his possession, belonging to said city or pertaining to the office he may have held, he shall forfeit and pay to the use of the city one hundred dollars, besides all damages caused by his neglect or refusal so to deliver; and such successor may recover the possession of such books, papers and effects in the manner prescribed by the laws of this state.

Comptroller shall make annual report.

Shall examine and

tracts.

CITY COMPTROLLER.

SECTION. 12. The city comptroller shall report annually on or about the first day of January, to the common council, a statement in detail of the expenses of the city and of the several wards during the preceding year, and likewise a detailed estimate of the revenue necessary to be raised for the ensuing year; and the fiscal year of the city shall commence on the first day of January.

As amended by Section 1, Chapter 311, Laws of 1876.

SECTION 13. He shall examine all estimates of work countersign con- to be done by the board of public works of the city, and countersign all contracts entered into by said board of public works, and all certificates of work given by them; and also all contracts made in behalf of the city; and no contract entered into, or certificate issued against property shall be of any validity unless countersigned by the comptroller, except as otherwise expressly provided

Shall keep a list of
certificates
issued against
property.

in this act.

As amended by section 3, Chapter 324, Laws of 1882.

SECTION 14. He shall keep a list of all certificates issued against property in each ward, and at the last regular meeting of the common council in November, shall report to the 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 or assessment which it may be necessary to levy on each such 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 affidavit of the comptroller, and shall be prima facie evidence of the facts therein stated in all cases wherein the validity of such special tax or assessment shall come in question. The common council shall, if from such report they shall deem such special tax legal and just, cause the same to be levied in pursuance of the provisions of this act.

As Amended by Section 9, Chapter 144, Laws of 1875.

council.

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SECTION 15. He shall report monthly to the common Monthly report to council the amount of work done, or for which contracts have been entered into, chargeable to the several and respective ward funds, and to the general city fund and to any other fund.

Amended by Section 10, Chapter 144, Laws of 1875, and further amended as by Section 4, Chapter 324, Laws of 1882.

treasurer's

accounts.

SECTION 16. He shall examine the reports, books, Shall examine papers, vouchers and accounts of the treasurer, the collector of water rates, the clerk of the municipal court, and of any other officer authorized to collect or receive, or charged with the duty of collecting or receiving moneys for the city and shall perform such other duties as are prescribed in this act, and as the common council may from time to time direct.

As amended by Section 5, Chapter 324, Laws of 1882.

SECTION 17. All claims and demands against the city, before they are allowed by the common council, shall be audited and adjusted by the comptroller, and immediately after the allowance by the common council of any claim or account, it shall be the duty of the clerk to furnish to the comptroller a complete list of the same, and, before any warrant shall be issued therefor, it shall be the duty of the comptroller to countersign the same.

SECTION 18. The comptroller shall be authorized to administer oaths and affirmations in all matters arising under the laws and ordinances of the city; and he may

Shall audit and

adjust all claims against the city.

May administer oaths.

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His record open to inspection.

Comptroller, clerk and treasurer may each appoint deputy.

require all parties having claims or accounts against the city or either of the wards, to verify the same by affidavit. In all cases of doubt arising under any claim or contract against or with the city or either of the wards, he shall inquire into the same; and for this purpose he may examine parties and others under oath; and if any person shall swear or affirm falsely, touching the expenditure of any of the money of the city or either of the wards, or in support of any claim against the said city or either of the said wards, such person shall be subject to indictment or information, and on conviction thereof, shall be punished as for willful and corrupt perjury.

SECTION 19. The comptroller shall keep a record of all his acts and doings, which record shall be opened to the inspection of all parties interested. He shall not be directly or indirectly interested in any contract or job to which the city or either of the wards is a party.

SECTION 20. The comptroller, clerk and treasurer may each appoint a deputy, for whose acts they shall respectively be responsible. Such deputies, after taking the oath of office required to be taken by their principals, may, in case of the sickness or absence of their principals respectively perform all the duties imposed by law or the ordinances of the city, on said principals respectively; and shall likewise be subject to the same liabilities and penalties.

Stated meetings.

CHAPTER IV.

THE COMMON COUNCIL-ITS GENERAL POWERS.

SECTION 1. The municipal government of the city shall be vested in the mayor and common council; and the style of all ordinances shall be "the mayor and common council do ordain," etc.

See Gilman vs. Milwaukee, 61 Wis., 588.

State ex rel., Tibbitts vs. Milwaukee, 86 Wis., 376.

SECTION 2. The common council shall hold stated meetings at such times and places as they shall appoint; and the mayor or the president of the board of aldermen may call special meetings thereof by notice of at least twenty-four hours, to each of the members, to be served personally, or left at his usual place of abode. Special meetings shall also be called by the president, at the

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written request of five aldermen. The common council Rules of governshall determine the rules for their own government and ment. proceedings, provided such rules are consistent with the provisions of this act. A majority of the members elected shall be required to constitute a quorum for the transac- Quorum. tion of business, but a smaller number may adjourn; their session shall be open and public; their proceedings shall be recorded; and all their papers and records, and all the election returns shall be deposited with the clerk of the common council, and the same may be examined at any time in the presence of the clerk; and each member of the common council shall have one vote, and no more on any one question. The ayes and noes may be required Ayes and noes. by any member; and on all questions, ordinances or resolutions for assessing and levying taxes, or for the appropriation or disbursement of money, or creating any liabilities or charge against said city or any fund thereof, the vote shall be taken by ayes and noes; and every vote by ayes and noes shall be entered at length upon the journal. The common council shall be the judge of the election and qualifications of its own members, and may punish its members or other persons present, by fine, for disorderly behavior; may compel the attendance of its members upon its sessions, and employ the police of said city for that purpose; and may fine or expel any member for neglecting his duty as such member, or for unnecessary absence from the sessions of the board. At all elections or confirmations by the common council, the vote shall be given viva voce, and shall be duly recorded by the clerk in the journal; and the concurrence of a majority of all the members elect shall be necessary to an election or confirmation. The common council is a continuing body, and unfinished business pending before it shall not lapse or go down with the council year, but all pending business before the common council, or any committee thereof, at the termination of any council year shall be considered as pending before the common council of the next succeeding council year, or the corresponding committee thereof, and may be acted upon and disposed of by the council of such succeeding year in the same manner and with the same effect as if no change in such common council had taken place, by the expiration of a council year.

Compulsory attendance, fines,

etc.

Elections and confirmations.

In all cases where by the provisions of the charter of Relating to local said city, matters are referred to a local committee of committees.

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Finances.

Ordinances.

Penalties.

any ward thereof, and in all cases requiring action by such local committee, including the appointment of school commissioners, if such local committee is unable to agree upon a disposition thereof, or shall fail or neglect to act thereon within thirty days from the date when any such matter shall become subject to the action of such local committee, the common council, on the application of either of the aldermen composing such local commitee, or upon its own motion, shall have power and authority to withdraw the matter so referred or requiring action, and take such further action relating thereto as it may deem proper.

As amended by Section 11, Chapter 144, Laws of 1875; Section 6, Chapter 324, Laws of 1882, and Chapter 117, Laws of 1889.

The common council is a continuing body, and has the control of all its records and papers, while the city clerk has only the custody thereof, and of the corporate seal, and is a mere ministerial officer, without any judicial or quasi judicial power.

State, ex rel. Tibbitts vs. Milwaukee, 86 Wis., 376.

The power conferred upon the common council to "judge of the election and qualification of its own members," does not exclude the common law jurisdiction of the courts to determine the right to the office of alderman.

State, ex rel. Anderton vs. Kempf, 69 Wis., 470.

A provision in a city charter that every vote by ayes and noes shall be entered on the journal does not apply to votes to adjourn.

Green Bay vs. Brauns, 50 Wis., 204.

SECTION 3. The common council shall have the management and control of the finances, and of all the property of the city, except as in this act otherwise provided, and shall likewise, in addition to all other powers herein vested in them, have full power and authority to make, enact, ordain, establish, publish, enforce, alter, modify, amend and repeal all such ordinances, rules, by-laws and regulations for the government and good order of the city-for the benefit of the trade, commerce and health thereof for the suppression of vice-for the prevention of crime-and for carrying into effect the powers vested in said common council, as they shall deem expedient; and to declare and impose penalties, and to enforce the same against any person or persons who may violate any of the provisions of such ordinances, rules, by-laws and regulations. And such ordinances, rules, by-laws and regulations are hereby