such new assessment, is hereby made a lien upon such property, and a certificate to that effect shall be issued by the proper city authorities to the holder of the invalid special assessment certificate or tax sale certificate aforesaid upon surrender thereof or proof that it has been canceled, and the excess in the amount of such invalid certificate over such new certificate, if any, shall be paid to such holder out of the proper fund. And when under such original assessment special improvement bonds have been issued, and as soon as the amount chargeable to the property benefited is finally determined by such new assessment, notice shall be given as provided for in section 925-191 of the statutes of 1898, and when so given and thirty days have elapsed after the giving of such notice the common council may issue new special improvement bonds in lieu of such original bonds to the holder thereof upon surrender of the same for the amount of such new assessment remaining unpaid, such new bonds to bear interest at the same rate as the original bonds and to be redeemed, enforced and collected in the same manner as provided for in chapter 40a of the statutes of 1898, and the excess in the amount of such invalid special improvement bonds, if any, over such new bonds shall be paid to the holder out of the proper fund, and when new certificates are issued the same. shall be carried into the annual tax roll of city taxes levied against such property, collected as a tax, and paid to the holder of such new certificate in the manner provided by law for the payment of special assessment certificates. In case of appeal from such new assessment or such determination, or both, the proceedings herein mentioned shall take place as if no appeal had been taken; but if the appellant succeed and the amount of such new assessment exceeds the amount finally adjudged on such appeal the city shall pay such excess with interest thereon from the time the amount of such new certificate is payable or from the time such new bond is issued. In all cases where the invalidity of any such special assessment, special assessment certificate, tax sale, tax sale certificate or special improvement bond is caused by reason of such work having been done without authority of law or by the failure of the common council to pass a valid ordinance adopting any part of chapter 40a of the statutes of 1898 or by reason of having omitted from such ordinance any part or parts of said chapter 40a, no new assessment of benefits and damages as hereinbefore provided for shall be had or made unless an ordinance shall have been first duly passed, adopting as a part of the city charter all the essential provisions of said chapter 40a relating to city improvements so as to be in force at the time of making such new assessment.

After the passage of such ordinance, all proceedings taken for a new assessment of benefits and damages shall be as valid and effectual for all purposes as if taken before the doing of the work.

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

Approved Feb. 21, 1901.

No. 52, S.]

[Published Feb. 23, 1901.

ch 474.0.

CHAPTER 10.

AN ACT relating to the apportionment, assessment and payment of expenses of commissioners appointed to review the equalization of county boards, and adding a new section to the statutes of 1898 to be known as section 1077aa.

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

Expense of commission, how borne on favorable decision. SECTION 1. A new section is hereby added to the statutes of 1898 to be numbered and to read as follows: Section 1077aa. If the decision of the commissioners results in favor of the city, town or village making the application for such commission, the expense incurred in connection with such commission shall be borne by the balance of the county, and the county clerk of the county in which such commissioners are appointed shall at the next apportionment of county taxes, deduct from the amounts assessed against such petitioning town, city or village for county taxes and assess pro rata to all the other towns, cities and villages in the county a sum equal to the portion of all county orders and certificates of the clerk of the circuit court issued on account of such commission, which such petitioning town, city or village is called upon to pay.

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

Approved Feb. 21, 1901.

No. 19, S.]

[Published Feb. 23, 1901.

CHAPTER 14.

AN ACT relating to depositions to perpetuate testimony and adding a new section to the statutes of 1898 to be known as section 4119a.

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

Court commissioner may act. SECTION 1. A new section is hereby added to the statutes of 1898 to be numbered and to read as follows: Section 4119a. It shall be lawful for a court commissioner to act in the place of a judge of a court of record in any proceeding had under sections 4117, 4118 and 4119 of the statutes of 1898.

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

Approved Feb. 21, 1901.

No. 34, S.]

[Published Feb. 23, 1901.

CHAPTER 15.

AN ACT relating to incompetent persons under guardianship, and adding a new section to the statutes of 1898, to be known as section 3987a.

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

When an incompetent may be declared competent.

SECTION 1.

A new section is hereby added to the statutes of 1898, to be numbered and to read as follows: Section 3987a. On a proper showing made to the county court, a person previously adjudged incompetent, may be adjudged competent.

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

Approved Feb. 21, 1901,

dred dollars per year to be paid monthly, and the clerk the sum of nine hundred dollars per year, to be paid monthly as follows: One-half thereof shall be paid out of the treasury of Ashland county, and one-half out of the treasury of the city of Ashland. Conflicting acts repealed. SECTION 2. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed.

SECTION 3. This act shall take effect and be in force from and after its passage and publication.

AN ACT relating to the terms of court in the fifth judicial circuit, and amendatory of section 2424, Wisconsin statutes of 1898.

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

Fifth circuit, date of terms in. SECTION 1. The sub division. of section 2424, Wisconsin statutes 1898, on page 1748 of said statutes, which fixes the times for the holding of terms of court in the fifth judicial circuit is hereby amended so that said subdivision when amended shall read as follows: Fifth Circuit: In the county of Grant on the third Monday in February and the second Monday in October; in the county of Iowa on the third Monday in March and the fourth Monday in September; in the county of Lafayette on the first Monday in June and the first Monday in December; in the county of Richland on the second Tuesday in April and the second Tuesday in September; in the county of Crawford on the second Tuesday before the first Monday in June and the second Tuesday in November.

Exception. SECTION 2. This act shall not apply to the February term of court 1901, in the county of Grant.

SECTION 3. This act shall take effect and be in force, from and after its passage and publication.

Approved Feb. 21, 1901.

No. 19, S.]

[Published Feb. 23, 1901.

CHAPTER 14.

AN ACT relating to depositions to perpetuate testimony and adding a new section to the statutes of 1898 to be known as section 4119a.

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

Court commissioner may act. SECTION 1. A new section is hereby added to the statutes of 1898 to be numbered and to read as follows: Section 4119a. It shall be lawful for a court commissioner to act in the place of a judge of a court of record in any proceeding had under sections 4117, 4118 and 4119 of the statutes of 1898.

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

Approved Feb. 21, 1901.

No. 34, S.]

[Published Feb. 23, 1901.

CHAPTER 15.

AN ACT relating to incompetent persons under guardianship, and adding a new section to the statutes of 1898, to be known as section 3987a.

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

When an incompetent may be declared competent.

SECTION 1.

A new section is hereby added to the statutes of 1898, to be numbered and to read as follows: Section 3987a. On a proper showing made to the county court, a person previously adjudged incompetent, may be adjudged competent.

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

Approved Feb. 21, 1901,