ble to make

tracts payable

fund may be

of assessment extended.

SECTION 31. If, in the judgment of the common If not practicacouncil of said city, to be declared by resolution or or special assessdinance, it would be impracticable to make a contract ments, conpayable in whole or in part in special assessments in out of ward the usual manner, to grade any part of a street or streets made. in said city, and to construct the sidewalks and pave the gutters thereof, the said common council shall have power to authorize the board of public works to make a contract therefor to be paid in city orders, payable out of the fund of the ward in which such part of a street or streets may be situated, and to direct that the certificates of special assessments against lots, parts of lots and parcels of land, liable for such work, shall be endorsed by the contractor or contractors who shall do such work, and delivered to the treasurer of said city, to be held for the benefit of such ward, and the proceeds thereof to be added to the fund of such ward. SECTION 32. The time for the commissioners of Time for return public works in the city of Milwaukee to make and return their assessment of damages and benefits in laying out and extending Racine street in the first ward of said city of Milwaukee is hereby extended to the first day of November in the year eighteen hundred and seventy-two, and such assessments made and returned at or before the time above mentioned shall be legal and valid. The common council of the city of Mil- May include waukee at the time of levying the general taxes in said ment in general city for the year eighteen hundred and seventy-two may tax. levy and include in the tax roll any benefit assessment, or any balance of any benefit assessment, returned by the commissioners of public works, for the laying out and extending of Racine street, such special taxes to be collected in the same manner that other taxes are collected by law in said city. The payment of the Payment of damages to any person as assessed by the commission- damages. ers of public works for the laying out and extension of Racine street above mentioned, may be made at or before the first day of November, in the year eighteen hundred and seventy-three, and in case the lawful owners of any lands taken for the extension of such street are not known to the officer whose duty it is to make such payment, he may make deposit of the money as now provided by law in such cases, on or before the first day of November, eighteen hundred and seventythree, and the payment of such money, or the tender

14-P. & L.

benefit assess

Repealed.

or deposit of the same on or before the first day of November, A. D. 1873, shall be deemed legal.

SECTION 33. Section 3 of chapter 421 of the private and local laws of 1871, entitled "an act to amend an act entitled an act to consolidate and amend the act to incorporate the city of Milwaukee and the several acts amendatory thereof, approved February 20, 1852," and all laws conflicting with the provisions of this act are hereby repealed.

SECTION 34. This act shall take effect and be in force from and after its passage and publication. Approved March 23, 1872.

CHAPTER 103.

[Published April 8, 1872.]

Detachod for judcial purposes.

Election of

clerk of circult court.

Shall be prosecuted in Barron county

AN ACT to detach the county of Barron from the county of Dunn, for judicial purposes.

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

SECTION 1. From and after the first day of January, 1874, the county of Barron shall be detached from the county of Dunn, for judicial_purposes, and from and after the said first day of January, 1874, shall constitute a part of the eighth judicial circuit, and a term of the circuit court of said judicial circuit shall be held in and for said county of Barron on the second Monday of June and the second Monday of December in each year.

SECTION 2. There shall be elected in said county of Barron, on the first Tuesday of November, in the year one thousand eight hundred and seventy-three, by the qualified electors of said county, at the general election, a clerk of the circuit court for said county of Barron, who shall qualify and enter upon the duties of said office within ten days after said first day of January, 1874, and shall hold his office until his successor is elected and qualified.

SECTION 3. All suits and proceedings that shall be pending in the circuit court of Dunn county, and

which originate in cr belong to the county of Barron shall thereafter be prosecuted and carried on in Barron county, in the same manner and with like effect as if they had been originally commenced in Barron county.

SECTION 4. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. Approved March 23, 1972.

CHAPTER 104.

[Published April 3, 1872.]

AN ACT to amend chapter 105 of the general laws of 1868, entitled "an act to accept the grant of land made to the state of Wisconsin by congress to aid in the construction of the Sturgeon Bay and Lake Michigan ship canal and harbor in the county of Door, to connect the waters of Green Bay with Lake Michigan, and to provide for the construction of the same," approved March 5, 1868.

WHEREAS, The Sturgeon Bay and Lake Michigan Preamble. Ship Canal and Harbor Company, a corporation heretofore created and organized under and by virtue of the laws of this state, as required by section 3 of chapter 105 of the laws of Wisconsin of 1868, have appointed an engineer, and have surveyed and laid out and established the route and line of their proposed ship canal, and have made a map and diagram thereof, which has been approved by the governor, and have filed the same in the office of the secretary of state, and are now prepared to proceed promptly with the work of construction of said ship canal; and

WHEREAS, Certain parties have heretofore trespassed upon, and cut and removed timber from the lands granted by congress to the state of Wisconsin to aid in the construction of the said Sturgeon Bay and Lake Michigan ship canal and harbor; and WHEREAS, The commissioners of school and university lands have collected from such trespassers certain sums of money which are now in the treasury of the state of Wisconsin, and said commissioners may hereafter collect further sums of money from tres

Shall issue warrant on cer

engineer.

passes committed or that may be committed on said lands, or from sales of burned or fallen timber, or other timber cut upon or removed therefrom; therefore,

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

SECTION 1. That as the work on the said Sturgeon tificate of chief Bay and Lake Michigan ship canal and harbor shall progress and be carried on by or under contract with the said Sturgeon Bay and Lake Michigan Ship Canal and Harbor Company, the secretary of state shall, upon the receipt of the monthly estimates of the chief engineer of said company, to be duly certified by said engineer and declared by him under oath to be the correct amount of work done and performed within the month mentioned in said engineer's certificate, or of material purchased or provided in connection with the construction of said canal, and not before presented or otherwise paid for, issue his warrant to the state treas urer for the payment thereof, and the state treasurer shall pay out of the funds set apart and belonging to said canal company to the treasurer of said Sturgeon Bay and Lake Michigan Ship Canal and Haroor Company the amount so certified by said engineer to have been done and performed: provided, that the said monthly estimate of said engineer shall also be declared to be correct by the president and secretary of the said Sturgeon Bay and Lake Michigan Ship Canal and Harbor Company, and the said certificate so made and sworn to and the amount thereof receipted for thereon by the treasurer of said company, shall be the proper voucher of the officer paying the same.

May act as timber clerks, and

such.

SECTION 2. The president of the said Sturgeon their powers as Bay and Lake Michigan Ship Canal and Harbor Čompany is hereby authorized and empowered to act as one of the timber clerks as provided for in chapter 92 of the general laws of 1870, and chapter 165 of the general laws of 1871, and with full power and authority either in person or with the aid of agents or assistants, duly authorized by him to make seizures of logs and timber burned or fallen or cut as aforesaid, and to prosecute trespassers as provided in said chap. ters 92 and 165 aforesaid, and to settle with trespassers

for the same, and to prosecute and settle for all trespasses heretofore at any time committed on said lands, and to sell timber burned or fallen, or cut and removed, and also other timber cut by trespassers at public or private sale, in his discretion, for such price or prices as the said president shall deem prudent, and for the best interests of the company in the construction of said canal, and to receive the considerations paid or agreed to be paid therefor: provided, that when any Logs not to be such trespasser shall have made and carried out a seized when compromise for any such trespass with the said com- made. missioners, and shall exhibit a receipt or other sufficient evidence of such compromise, the logs or timber thus already paid for shall not be again seized; and pro

compromise is

vided, further, that such president shall give a bond in Shall give bond the penal sum of ten thousand dollars, with surety to the satisfaction of the said commissioners for the performance of the duties hereinafter prescribed; and provided, further, that the said president shall keep or shall keep cause to be kept a strict account of all moneys so strict acconnt. received by him from trespassers, or from sales of timber, burned, fallen or cut, or cut and removed from said lands and sold by him, and shall quarterly, on the last days of March, June, September and December in each year, (until the construction of said ship canal shall be completed) as provided in said aforementioned chapters of the laws of Wisconsin, present to said commissioners a full and accurate account of all such seizures, sales and receipts made or received in said preceding quarter, and shall at the same time pay over to the state treasurer the amounts so received by him for the said quarter, less the actual costs and expenses attending the sale and collection of the same; and provided, further, that the costs and expenses aforesaid Vouchers to be shall not be paid until vouchers and bills for the same fied before payshall have been filed with the secretary of state and ment made. audited and allowed by him. Said quarterly accounts to be so rendered shall be verified as correct by the president of said company, and the proceeds so received by the state treasurer from time to time, shall be paid over to the treasurer of said company in the manner herein before provided in regard to other moneys received into the state treasury belonging to said company.

filed and veri