recorded.

missioners to define such rights and duties as aforesaid, and to assess the damages which any person may or shall sustain by reason of taking the whole or any part of the waters of said streams, or either of them, for the purposes aforesaid, who upon being duly sworn to discharge faithfully and impartial,y their duties in the premises, shall upon notice of not less than six days of the time and place of their meeting for that purpose, proceed to hear and determine the matters to be submitted to them under this act, and fix and determine upon the relative rights and duties of the said D. R. Sylvester and his associates and the village of Boscobel, in the maintenance, use and enjoyment of said water power in all respects, and determine all other questions herein provided for; and such decision and determination so made shall be binding and conclusive upon the respective parties, when confirmed, unless ap Determination pealed from as hereinafter provided. Said decision to be filed and and determination, within thirty days after the same shall be made, shall be reduced to writing and signed by a majority of said commissioners, and filed and recorded in the office of the clerk of the circuit court for Grant county, and unless appealed from, the said court shall and may, within ten days thereafter, make and enter such judgment of confirmation thereof, or confirm or modify the same after the determination of an appeal as shall be just and proper. If any party shall be aggrieved by the determination or decision of said. determination. commissioners, so made as aforesaid, it shall and may be lawful for such party to appeal therefrom to the circuit court of the said county at any time within ten days after the filing and recording of such decision and determination as aforesaid, by serving notice of such appeal upon the adverse parties, and filing the same with the clerk of said court, specifying the grounds of such appeal, and all issues of fact upon such appeal shall be tried and submitted in said court to a jury duly drawn from the general panel, at any regular Benefits as well term thereof; and said commissioners and any jury as damages to which may be empaneled shall, in passing upon the

Any party ag

grieved may appeal from

be considered.

matter submitted to them respectively, take into consideration the benefits received, as well [as] the injury which any party interested in the matter may sustain, in arriving at a determination in the premises, and as between the said D. R. Sylvester and his associates, and

the village of Boscobel, in determining the relative rights and duties between them, they shall take into consideration any and all damages, assessments, recoveries and judgments heretofore sustained, made, had or obtained against the said D. R. Sylvester and his associates, for the taking and diversion of the waters of said streams or either of them, and for the use of any lands taken for said work, and any and all damages so found or assessed under the provisions of this act shall be tendered to the party to whom the same shall or may be assessed, within ten days after the filing of the report or decision and determination of said commissioners, and be paid forthwith, after a final adjudication in the premises, or an injunction may be allowed to protect the rights of the party aggrieved by any neglect in respect thereof. Upon any verdict rendered Judgment upon upon such appeal as is herein provided for, the circuit the verdict." court shall render such judgment as substantial equity and justice and the determination of said jury may require, and any judgment rendered pursuant to the provisions of this act may be appealed from and reviewed in the supreme court, in like manner as is provided in the case of judgments in civil actions.

SECTION 2. This act shall take effect and be in force from and after its passage and publication, and all acts or parts of acts in conflict therewith are hereby repealed. Approved March 15, 1872.

CHAPTER 45.

[Published March 19, 1872.]

AN ACT in relation to the public schools of the city of Milwaukee.

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

amended.

SECTION 1. Section four of chapter one hundred and Section four ninety of the private and local laws of 1859, entitled "an act to provide for the management of the public schools of the city of Milwaukee," approved March 17, 1859, is hereby amended so as to read as follows: Section 4. The public schools of the city of Milwaukee of school board

Under control

Shall elect superintendent.

His salary.

is duties.

Shall appoint secretary-his

ties.

shall be under the general management,control and supervision of a school board, consisting of two persons from each ward, to be appointed by the aldermen and councilors of such ward, or the majority of them, subject to confirmation by the common council in joint convention. The members of said board shall hold their offices for two years, unless sooner removed: provided, that the present school commissioners shall remain in office for the terms for which they have been elected respectively. A president shall be annually elected by said board who shall be a member thereof, and in his absence the board shall elect a president for the time.

SECTION 2. The board of school commissioners of the city of Milwaukee shall annually elect by ballot, a person of suitable learning, experience in the art of instruction, and practical familiarity with the roost approved methods of organizing and conducting a system of public schools, for superintendent of schools, who shall hold his office for one year, unless sooner removed. He shall receive a salary of two thousand dollars per annum.

SECTION 3. The superintendent of schools shall, under the direction of the school board, have a general supervision of the public schools of the city, of the manner of grading and conducting them, of the teachers, and, in connection with a committee of the board, of the purchase of school apparatus. He shall, in connection with a committee of the board, and with the concurrence of the board, examine, employ and classify teachers, and dismiss them for incompetency or inattention to duty, and shall do and perform all such other duties as may be required by the board.

SECTION 4. The board shall also appoint annually salary and du- some suitable person to act as secretary of the board, at a salary of twelve hundred dollars per annum, whose duty it shall be to attend the meetings of the board, to keep a record of its proceedings and a full and fair account of all receipts and expenditures of the board, and to do and perform all such other duties as shall be required of him by the said board.

Shall take anual enumera

tion.

SECTION 5. The secretary of the board of school commissioners shall also take the annual enumeration of the children in the city of Milwaukee, as required by law, and he shall receive for such such services the sum of six hundred dollars.

"Section

SECTION 6. Section twelve of said chapter one hun- Section twelve dred and ninety of the private and local laws of 1859, amended. is hereby amended so as to read as follows: 12. The superintendent of schools or the secretary of Removals from the school board may be removed from office for mis- office. demeanor in office, incompetency or inattention to the duties of his office, by a vote of two-thirds of the school board: provided, that before any proceedings shall be had against him, notice in writing shall be served five days before the time of hearing, and the accused shall be heard by himself or counsel, and either party may produce witnesses, who shall be sworn, subject to the pains and penalties of perjury."

amended.

SECTION 7. Section three of chapter two hundred Section three and fifty-two of the private and local laws of 1867, entitled แ an act to establish a high school in the city of Milwaukee," is hereby amended so as to read as follows: Section 3. The course of study in said high course of study school shall be liberal, and shall embrace such studies as the said board of school commissionsrs shall deem proper, and the said board shall have power to grant diplomas and to confer degrees in testimony of scholarship and literary acquirements.

SECTION 8. Section five of chapter four hundred Section five and twenty-one of the private and local laws of 1871,

is hereby amended so as to read as follows: Section

amended.

5. The board of school commissioners of the city of Shall report to Milwaukee shall report to the common council of the said council. city, on or before the first day of June in each year, the amount of money required for the support of schools in the said city, as well the public schools as the high school for the next fiscal year, and it shall be the duty of the said common council annually to levy and collect a tax (in addition to the tax to be levied for general city purposes) upon all the taxable property of the said city, in the same manner as other city taxes are levied and collected by law, which, with the other funds provided for the same purpose, shall be equal to the amount of money required by said school board for the support of said schools: provided, that the said common council may, by two-thirds vote of each board, levy a tax for a greater or less amount for such pur

poses.

SECTION 9. Sections ten and eleven of said chapter Sections ten one hundred and ninety of the private and local laws and eleven

of 1859, entitled "an act to provide for the manage ment of the public schools of the city of Milwaukee;" chapter three hundred and forty-five of the general laws of 1865, entitled "an act relating to the public schools of the city of Milwaukee," and all other acts or provisions of law conflicting with the provisions of this act are hereby repealed.

SECTION 10. This act shall take effect and be in force from and after its passage and publication. Approved March 15, 1872.

Repealed.

CHAPTER 46.

AN ACT to repeal chapter one hundred and thirteen of the private and local laws of 1871, entitled an act to amend chapter two hundred and forty-three of the private and local laws of the state of Wisconsin, for the year 1863, entitled an act to incorporate the Tomah and Lake St. Croix Railroad Company, and to repeal and annul a portion of a grant of land, heretofore made to the La Crosse and Milwaukee Railroad Company, and the various acts amendatory thereof.

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

SECTION 1. Each and every section, clause and provision in chapter one hundred and thirteen of the pri vate and local laws of 1871, in the act entitled an act to amend chapter two hundred and forty-three of the private and local laws of the state of Wisconsin for the year 1863, entitled an act to incorporate the Tomah and Lake St. Croix Railroad Company, and to repeal and annul a portion of a grant of land heretofore made to the La Crosse and Milwaukee Railroad Company, and the various acts amendatory thereof, approved February 24, 1871, is hereby repealed.

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

Approved March 15, 1872.