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May call meet

ing.

May vote to issue bonds.

CHAPTER 291.

[Published April 3, 1868.]

AN ACT relative to school district number two, in the north ward of the Borough of Fort Howard, Brown county.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1. The clerk of school district number two, in the north ward of the borough of Fort Howard, Brown county, is hereby authorized to call a meeting of the electors of said district, by giving the usual notice and stating the objects of the said meeting, at any time in the month of July next; and the said meeting when so assembled, shall have all the powers possessed by them at a regular annual meeting, and shall also have the power, by a majority vote, to issue bonds of the district to the amount of ten thousand dollars, bearing seven per cent. interest, and payable in ten years, or such less sum as they shall by vote determine, for the purpose of building a school house or school houses in said district, any law to the contrary notwithstanding. And the said meeting may authorize such per son or persons as they may think proper, to make the necessary contracts, and superintend the erection of the said building or buildings, and to receive and distri bute the money raised for that purpose in such manner as may be deemed for the best interests of said district.

SECTION 2. This act shall take effect from and after its passage and publication.

Approved March 4, 1868.

CHAPTER 292

AN ACT to lay out a state road from Richland Center, Richland county to the village of Lancaster, in the county of Grant.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1. That William Ricob and William H. Commissioners Downs, of Richland, and Truman S. Richards, of Grant county, be and they are hereby appointed commissioners to survey, lay out and establish a state road commencing at the village of Richland Center, in Richland county, thence on the most practicable route to the village of Lancaster in Grant county, via Hoosier Hollow, Muscoda, Castle Rock Mills and Fennimore Center.

SECTION 2. After said commissioners shall have shall file survey laid out said road, they shall, within sixty days, file in the office of the clerks of the board of supervisors of the said counties of Richland and Grant, their order laying out said road and a definite description of the same or a survey thereof, and their award of damages or the releases of the same.

SECTION 3. The damages sustained by any person Damages-how through whose land such highway shall be laid, may be paid. ascertained by agreement between said board of commissioners and such owner, and shall be paid by the towns, respectively, in which the same may be located, the amount allowed shall be levied and collected in the same manner as other town charges.

SECTION 4. Said highway shall be opened and re- Opening of paired in the respective towns through which said high- highway. way shall pass in the same manner as other highways. Said highway shall not be less than four rods in width. The supervisors of the several towns shall levy a tax sufficient, not exceeding one hundred dollars ($100), to be applied in improving said road in their respective

towns.

SECTION 5. No alteration, vacation or discontinu- No alteration. ance of said highway shall be made only by an act of the legislature.

SECTION 6. Said board of commissioners shall re- Pay of commisceive the sum of two dollars and fifty cents ($2.50)

sioners.

Repeal of conflicting acts.

per day for every day they shall necessarily be engaged in the performance of their duties, and such assistants as they may employ, not exceeding three, shall receive two dollars per day, to be paid from the treasuries of the counties through which said road shall pass in proportion to the distance of the same.

SECTION 7. All acts or parts of acts conflicting with or contravening any of the provisions of this aet, are hereby repealed, so far as they conflict with or contravene the provisions of this act.

SECTION 8. This act shall take effect and be in force from and after its passage and publication. Approved March 4, 1868.

CHAPTER 293.

[Published April 3, 1868.]

Commissioners

Location of road.

Powers of commissioners.

AN ACT to provide for a state road from the village of Peshtigo, Oconto county, to intersect the military road from Fort Howard to Michigan state line.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1. That Augustus C. Brown, William A. Ellis, Richard L. Hall and E. Gilbert Jackson, are hereby appointed commissioners to survey, locate and cause to be constructed, a wagon road, commencing at the village of Peshtigo, Oconto county, running thence northwesterly on the most feasible and prac ticable route, to the forks of Pine river, in township thirty-nine, range nineteen, thence westerly between towns thirty-eight and forty, to intersect the military road running from Fort Howard, Wisconsin, to the Michigan state line.

SECTION 2. The said commissioners mentioned in the first section of this act, or a majority of them, or their successors, are hereby authorized and empow ered to construct said wagon road, with all such ditches, sluice ways, embankments and bridges as they shall deem necessary to drain and protect the land

and afford facilities for travel upon the route afore. said. And said commissioners, for such purpose, are hereby authorized and empowered to survey or cause to be surveyed said road, and when so surveyed and established, to enter into contract with any person or persons for the construction of the same or any part thereof, in the manner hereafter provided. And said commissioners or their agents or contractors, are hereby authorized to enter upon said lands, for said purposes, and shall on or before the first day of August, 1868, cause to be made a survey and location of said road, upon said route, and shall within thirty days after said survey and location is completed, cause the map and field notes thereof, duly certified by the surveyor making said survey, to be filed in the office of the secretary of state of Wisconsin, and said survey and map so filed shall be taken and received in all courts and places as evidence of the facts therein recited.

withheld from

SECTION 3. All the swamp lands which have been Swamp lands approved to the state and which have been or may market. hereafter be set apart to the drainage fund within the towns of Marinette and Peshtigo, in Oconto county, shall be withheld from market until October 1st, 1868, and the said commissioners, or a majority of them, are hereby authorized and empowered to select from the lands so withheld an amount thereof equal to one section per mile for the entire length of said road, and shall thereupon file in the office of the secretary of state [of the state] of Wisconsin, a true and accurate list of the lands so selected, and thereupon the said lands shall be set apart to be taken and used in the manner hereafter mentioned.

structed.

SECTION 4. The said commissioners, or a majority Time in which of them, shall, within two years from the passage of road to be centhis act, construct or cause to be constructed, the said wagon road, upon the route aforesaid, and perform all the necessary bridging and draining thereof, to make the same suitable for passage and travel, and said road shall be cut out not less than two rods in width.

SECTION 5. The commissioners mentioned in the May sell swamp first section of this act are hereby authorized and em- lands. powered to contract for the sale of any of said lands to the amount herein before designated, for that purpose, at such price as they may reasonably be worth, but not 41-P. & L, Laws.

Contractors must furnish sureties.

Time road to be completed.

Contract to be let to lowest bidder.

Lands reserved.

How vacancies filled.

Road to be ap

proved before

less than seventy-five cents per acre, as shall be come necessary from time to time in the payment of any sum which may become due on any contract for work, labor, materials or services done, furnished and performed under this act, and may contract for the conveyance, by the state, of the tile of such lands to contractors, on the performance of their contract, made with the said comissioners, according to the terms and conditions thereof.

SECTION 6. Any person or persons entering into contract with said commissioners for the performance of said work, or any portion thereof, shall furnish good and sufficient surety or sureties, for the performance of said contract, which said surety shall be endorsed in such contract, and the sufficiency thereof approved by a majority of said commissioners in writing, and endorsed on said contract.

SECTION 7. The said commissioners shall cause to be completed one-third of the distance of said road within one year, and the whole within two years from the passage of this act. They shall let the contract of the same to the lowest bidders furnishing the required security, and shall give at least thirty days' notice of the letting of said work, by a notice published in a newspaper published in said county of Oconto; and said commissioners shall not be interested in any con tract for the construction of said road, but they may be allowed a reasonable compensation for the time actually spent in performing the duties otherwise required of them by this act.

SECTION 8. It is hereby made the duty of the commissioners of school and university lands to reserve from sale the lands herein before mentioned, lying in the towns of Marinette and Peshtigo, and hold and dispose of the same for the purpose in this act authorized and directed.

SECTION 9. Any vacancy occurring among said commissioners from death, resignation, or otherwise, shall be filled by the remaining commissioners; and a majority of said commissioners shall be sufficient to perform any of the duties and execute any of the powers provided by this act.

SECTION 10. When the said road shall be compayment made. pleted, or any part thereof, by any contractor, it shall be approved by said commissioners or a majority of them,

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