and payment of damages.

Height of dam read as follows: Section 2. Such dam may be erected of the perpendicular height of twelve (12) feet: provided, that if the said dam shall cause the aforesaid river to overflow the land of any peson, except the proprietors of such dam, to the injury of the owner or owners thereof, said George A. Gove, his keirs or assigns shall pay in full all damages accruing at any time, in such manner when such damages shall be determined by due process of law; and for that purpose all the provisions of chapter fifty-six of the revised statutes, entitled " of mills and mill dams," are hereby applied to the same.

Amended.

slide.

SECTION 2. Sections three and four are hereby amended by striking out "George A. Gore" whenever it occurs in said sections, and inserting the name, George A Gove," so that the same shall read as folShall construct lows: Section 3. The said George A. Gove, his heirs or assigns, are hereby authorized, and in case of the erection of a dam in accordance with the provisions of this act, enjoined to construct such sluiceway, slide or chute as may be suitable and necessary to afford a convenient passage for logs, lumber and timber May collect toll past said dam. Section 4. The said George A. Gove, and the rates. his heirs and assigns are hereby authorized to demand, levy, sue for, recover, collect and receive from the owner or owners of all logs, timber or lumber, passing down said Apple river and through the sluiceway, slide or chute, or over the dam constructed in accordance with this act, toll at the rate of five (5) cents per thousand feet, the amount of said lumber, timber or logs to be determined by the scale of the same which was made previous to its rafting, and the said toil shall Toll shall be a be and remain a lien upon such lumber, timber and logs until the same shall be paid, and the said Gove, his heirs and assigns shall be entitled to the possession of said logs, lumber and timber at any and all times after they have become subject to such toll until the same shall be paid.

lien.

Penalty for willful injury to dam.

SECTION 3. Any person or persons who shall wilfully and maliciously destroy or injure said dam, or any part thereof, shall be liable to its proprietors in an action of trespass for the amount of damages done, in addition to the penalties already prescribed by law, to be recovered in any court of competent jurisdiction.

SECTION 4. This act shall be in force and take effect

from and after its passage.

Approved March 23, 1872.

CHAPTER 101.

[Published March 25, 1872.]

AN ACT to divide the ninth ward of the city of Milwaukee.

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

tute the ninth

SECTION 1. All the territory now included in the What to constininth ward of the city of Milwaukee, which lies west ward. of the center line of Seventh street, north of the center of Vliet street and south of the center line of Walnut and Fond du Lac avenue, shall hereafter constitute and

be the ninth ward of the city of Milwaukee. And all The tenth ward. the territory now included in the ninth ward of the city of Milwaukee, which lies west of the center line of Seventh street and its continuation to the northern boundary line of said city, and north of the center line of Walnut street and Fond du Lac avenue, shall constitute and be the tenth ward of the city of Milwaukee; and said ninth and tenth wards hereby created, shall have all the rights, privileges immunities and powers, and be subject to the same laws, regulations and orlinances as the other wards in said city.

dermen and

SECTION 2. At the next annual charter election in Election of althe city of Milwaukee, there shall be elected in the their terms of ninth ward hereby created, one alderman, who shall office. hold his office for one year, and one councilor, who shall hold his office for two years. And there shall be elected in the tenth ward hereby created, one alderman, who shall hold his office for one year, and two councilors, one of whom shall hold his office for one year, and one of whom shall hold his office for two years, and annually thereafter there shall be elected in each of the aforesaid ninth and tenth wards, one alderman, who shall hold his office for the term of one year, and one councilor, who shall hold his office for two years;

Election of justices.

How dockets

and papers provided for.

Apportionment of indebtedness

and the councilor elected for two years in the ninth ward at the last city election shall continue and be councilor for said ninth ward hereby created, for the remainder of his term of office, and it shall be the duty of the common council to appoint the usual number of inspectors of election in each of said ninth and tenth wards, and to designate the places for holding the elections of said wards.

SECTION 3. At the next annual city election in the city of Milwaukee, there shall also be elected in each of the aforesaid ninth and tenth wards hereby created, one justice of the peace and one supervisor, each of whom shall hold his respective office for the term of years and in the manner as now is provided by law.

SECTION 4. The dockets and all other papers in suits required by law to be kept by justices of the peace, and heretofore belonging in the ninth ward of the city of Milwaukee, shall hereafter belong to and remain in the ninth ward hereby created, and be kept by the justice of said ninth ward, and the justice of the tenth ward hereby created, when elected and qualified, shall begin a new docket.

SECTION 5. It shall be the duty of the city compand ward funds troller to apportion the amount of city indebtedness now charged to the ninth ward, between the ninth and tenth wards hereby created, in proportion to the respective equalized assessment rolls for the year 1872, and all property, real or personal, if any there be, and which, prior to the passage of this act, belonged to the ninth ward of the city of Milwaukee aforesaid, shall hereafter belong jointly to the ninth and tenth wards of said city. And the city comptroller aforesaid shall also apportion the ward fund of the ninth ward, if any there be, between the ninth and tenth wards hereby created, in the ratio of the equalized assessment rolls for the year 1872, and shall charge to the proper wards respectively the first apportionment so made.

SECTION 6. This act shall take effect and be in force from and after the thirty-first day of March, A. D. 1872.

Approved March 23, 1872.

CHAPTER 102.

[Published March 30, 1872.]

AN ACT to amend an act entitled "an act to consolidate and amend an act to incorporate the city of Milwaukee, and the several acts amendatory thereof," approved February 20, 1852.

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

descrip

SECTION 1. Every person signing, as a resident or Petitioners to freeholder, any petition required by law to be signed give decal by residents or freeholders in the city of Milwaukee or estate. in any ward thereof, shall be required to write after his signature thereto, a brief description of his real estate, which makes him such freeholder, or some part thereof, and of the place of his residence in the said city, and he may at his option, make and annex to such petition an affidavit that he is a resident and freeholder in the said city or ward, as the case may be, and thereupon, in case he makes such affidavit, he shall be taken to be such resident or freeholder, or both, as the case may be, and such petition shall be as valid and have the same effect as if such person were such resident or freeholder, or both as the case may be, although in fact it should appear that he was not such resident or freeholder.

freeholder.

SECTION 2. Every person in the actual possession Held to be a of real estate in the said city, under a valid contract in force for the purchase thereof from the owner, shall be held in virtue thereof to be a freeholder within the meaning of all acts incorporating said city or amending the same, and to be the owner of such real estate for the purpose of petitioning as owner thereof.

streets, etc.

SECTION 3. Whenever a petition shall be presented Application for to the common council of the said city, representing laying out that it is necessary to take lands within the ward where the petitioners reside, for public use, for the purpose of laying out public squares, grounds, streets or alleys, or enlarging or widening the same, the application for a jury now required by law, shall be made by the city attorney to the circuit or county court of Milwaukee county, at some term of such court when there is a

jury to award

damages.

Appointment of petit jury serving therein. And it shall be the duty of such court to order such jury to be drawn, and such jury shall accordingly be drawn from the panel of petit jurors, in the same manner as petit juries are drawn for the trial of civil causes, with the same right of challenge by the said city and by persons interested in lands proposed to be taken or in the taking thereof, as in civil causes. And the notice now required by law to be published shall conform to the foregoing provisions, and the jury, when chosen, shall take the oath required by law in open court, in the same manner as other petit juries are sworn therein, and shall perform the duties required of them by law in that behalf, subject to the direction and control of such court, and shall receive the same compensation and be entitled to the same credit for attendance as jurors in such court for the time occupied in their duties in that behalf, as if they were empaneled to try a civil cause in such court. Such jurors need not be freeholders or residents of the said city, and may be residents of the ward in which the property to be taken is situated, but shall not be personally interested therein, or in the Report of jur- taking thereof. The jury so appointed shall make their report in writing to such court, and the clerk of such court shall make a minute in the records of such court of the empaneling of such jury and of their report, and thereupon transmit such report to the clerk of the common council of the said city. But it shall not be necessary for such jury to reduce the testimony taken before them to writing, or to report the same, and it shall not be necessary for such jury to give any notice of their meeting, but they shall when empaneled and sworn as aforesaid, immediately proceed to the performance of their duties, and may adjourn from day to day, when necessary or convenient.

ors.

SECTION 4. Whenever a petition is required by law to be presented to the common council to grade or otherwise improve any street, alley, sidewalk or public ground, or to dredge or dock any of the rivers or canals, or to abate any nuisance in the said city, such petition when required to be signed by the resident owners of a majority of the feet in front of all lots fronting upon such grading or other improvement, shall hereaf ter be signed by the owners of a majority of the feet in front of the improvement, resident within the said city,