Name of company not mate

fied.

company or its assigns, may, at any time after any such refusal or neglect, apply to the judge of the circuit court in and for the proper county,either in term time or vacation, for an order directing and commanding such officer to perform such duty or do such act, and any officer refusing or neglecting to obey such order shall pay a fine of not less than one hundred nor more than five hundred dollars, to be recovered in any court of competent jurisdiction, at the suit of such railroad company or its assigns; but such recovery not to be a bar to the recovery of damages against any county, town, incorporated city or village, for the violation of any contract entered into between the same and any such railroad company.

SECTION 3. Whenever any county, town, incorporrial to be speci- ated city or village has heretofore voted or may hereafter vote aid to the Manitowoc and Minnesota railroad company, the same shall be as binding and effectual under the provisions of this act or the said act of which this is amendatory, as though the said Manitowoc and Minnesota railroad company had been particularly named in said acts.

SECTION 4. This act shall take effect and be in force from and after its passsage.

Approved March 5, 1869.

CHAPTER 97.

[Published March 17, 1869.]

AN ACT to provide for levying and collecting a state tax for the year 1869.

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

SECTION 1. There shall be levied and collected for the year 1869, a state tax of two hundred and ninetythree thousand one hundred and thirty-two dollars and fifty-four cents, in addition to the amount authorized to be levied by existing laws; said tax to be apportioned among and assessed upon the several counties

state shall apportion tax.

of this state as provided by law, and such tax shall be levied upon the taxable property of the state, and collected and paid into the treasury as provided by law. SECTION 2. The secretary of state shall apportion Secretary of said tax among the several counties of the state as provided by law, on or before the second Monday in October next, and certify the same to the clerk of the board of supervisors of each county, as provided by law: provided, that in case the appropriations made by the present legislature shall exceed in amount the estimate reported by the joint committee of the senate and assembly upon which this state tax is based, then the secretary of state shall add such amount of excess to the amount specified in the first section of this act; and provided, further, that in case the appropriation made by the legislature shall be less than the amount estimated by said committee, then a corresponding amount shall be deducted from the amount specified in the first section of this act.

county is in ar

SECTION 3. The secretary of state shall also special- shall certify ly certify to each county the amount for which such amount each county is in arrears to the state at the time of the ap- rears. portionment of the state tax, which amount shall be levied and collected and paid into the treasury with the tax for the

year 1869.

SECTION 4. It shall be the duty of the clerks of the Clerks of boards shall levy state boards of supervisors of the several counties, to levy tax. the amount of state taxes apportioned to and charged against their respective counties, including their indebtedness, as certitied to them by the secretary of state, upon all taxable property therein, as provided by law.

SECTION 5. All acts and parts of acts contravening the provisions of this act, are hereby repealed, and this act shall take effect and be in force from and after

its passage and publication.

Approved March 5, 1869.

CHAPTER 98.

[Published March 16, 1869.]

Amended.

Pupils from other states may be

admitted on

payment of certain expenses.

AN ACT to amend chapter 481 of the general laws of 1852, entitled an act to incorporate the Wisconsin institute for the education of the deaf and dumb.

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

SECTION 1. Section ten (10) of chapter 481 of the general laws of 1852, is hereby amended to read as follows: "Deaf and dumb pupils may be received into the institution erected and carried on under the provisions of this act, from any state, county, city, town or other public corporation: provided, that pupils from without the state shall never be received to the exclusion of pupils from within the state; and provided, further, that no pupil shall be received from without the state until the person or corporation desiring the admission of such pupil shall pay in advance to the treasurer of the board of trustees of such institute such sum quarterly, as the board of trustees may direct, which sum shall be fixed by such board of trustees at an amount sufficient to pay the expenses of the board, washing, lodging, fuel and books for such pupil; and all pupils so received from without the state, shall upon the payment of such sum, be enititled, for the time which such payment is made, to enjoy and receive all the benefits and privileges of said school, and shall receive the same teaching, books, boarding, lodging, washing and fuel and have the same use of the library as though he or she were a pupil received under the authority of this state, or any town, city, coun ty or other public corporation within the same.

SECTION 2. This act shall take effect and be in force from and after its passage and publication. Approved March 5, 1869.

CHAPTER 99.

[Published March 16, 1869.]

AN ACT to amend chapter 167 of the general laws of 1867, entitled" an act to amend chapter 15 of the revised statutes, so far as it relates to permanent landmarks."

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

ing landmarks.

SECTION 1. Section two (2) of chapter 167 of the Amended, general laws of 1867, entitled "an act to amend chapter fifteen (15) of the revised statutes, so far as it relates to permanent landmarks," is hereby amended so as to read as follows: "Section 2. Whenever a ma- Duty of superjority of all the votes cast at such election shall be in visors in erectfavor of the erection of permanent landmarks, it shall be the duty of the supervisors of such town to procure at the expense of said town, a sufficient number of monuments of stone or some other durable material, not less than three feet in length and six inches in diameter, and to make a contract with the county surveyor or any competent survevor, for the survey of all the sections of said town, and for the erection of said monuments, one at each section corner, and one at each external quarter section in said town; said monuments to be set two and a half feet in the ground, except in cases where they shall be set in the center of highways, and in that case the top shall be even with or below the surface of the ground; and such monuments as shall be set at the corner of sections, shall have engraved upon them, in cyphers the number of each section for which such monument forms a landmark, and those which shall be set for quarter posts, shall have engraved on them' S.' "

SECTION 2. This act shall take effect and be in force from and after its passage.

Approved March, 6, 1869.

Appropriation to chaplains.

CHAPTER 100.

[Published March 9, 1869.]

AN ACT to provide payment to the chaplains of the legislature for 1869.

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

SECTION 1. There is hereby appropriated to Rev. H. W. Spalding, out of any money in the treasury belonging to the general fund not otherwise appropri ated, the sum of one hundred and fifty dollars, as payment in full for his services as chaplain of the senate during the present session. There is also hereby appropriated to each of the resident clergymen of Madison, who have officiated in the capacity of chaplain in the assembly during the present session, twenty-five dollars. And the secretary of state shall draw his warrant for such amounts upon presentation to him of a certificate from the speaker of the assembly, to the effect that the person named in such certificate has so officiated.

SECTION 2. This act shall take effect and be in force after its passage. Approved March 6, 1869.

Amended.

CHAPTER 101.

[Published March 16, 1869.]

AN ACT to amend chapter 153 of the revised statutes of the state of Wisconsin, entitled "of the lien of mechanics and others."

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

SECTION 1. Chapter one hundred and fifty-three of the revised statutes, entitled "of the lien of mechanics