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places aforesaid may vote for judicial officers to be chosen on the same day and the votes cast for such judicial officers, whether for justice of the supreme court, judge of the circuit court or county judge, or all of them, shall be counted, canvassed and returned in the same manner and shall have the same effect as if said town were fully organized.

When town deemed organized. SECTION 5. When such election shall have been held as herein provided and the town officers required by law elected the said town of Breed shall be deemed and shall be duly organized and shall possess all the rights, powers, privileges and liabilities of other towns in this state.

Apportionment of indebtedness and road money. SECTION 6. On the 15th day of April, A. D., 1901, the town boards of the towns of Howe and Breed shall meet together in the town hall in the town of Howe and determine what portion of the legal indebtedness of the existing town of Howe shall be chargeable to the town of Breed and to the town of Howe, and shall also determine what portion of assets and credits of the existing town of Howe, together with such road moneys as shall be payable to said town, shall be due the towns of Howe and Breed respectively.

SECTION 7. This act shall take effect and be in force from and after its passage and publication.

Approved March 19, 1901.

No. 259, A.J

[Published March 21, 1901.

CHAPTER 55.

AN ACT to authorize Emil Thomas, his associates, heirs and assigns, to erect and maintain a dam across Prairie river in section twelve, township thirty-two north, of range seven east, in the county of Lincoln.

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

Location of dam; height of; sluice-way; logs not to be detained. SECTION 1. Emil Thomas, his associates, heirs and assigns, are hereby authorized and empowered to erect and maintain a dam across Prairie river on any lands owned or controlled by them in

section twelve, township thirty-two north, of range seven east, at such point on their said lands as they shall select, for manufacturing and other purposes, and to erect and maintain such piers and booms in connection therewith, as may be necessary or convenient for holding, storing, assorting and handling logs to be manufactured at or near said dam; provided, that said dam, when erected, shall not exceed six feet in height above the low water mark, and shall be so constructed as not to obstruct the running of timber or logs down said river, and that said dam shall be furnished with a suitable slide or chute, which shall be placed in the main channel of the river, and so located and constructed as to allow logs passing over the same to pass freely down the river, away from said slide or chute, and the same shall be kept open at all times when there are logs or timber to run over said dam, and logs destined for points below on said river shall not be detained longer than may be necessary to separate from the general drive of logs such as may be intended for manufacture at or near said dam, and no charge shall be made for separating said logs or for the use of said slide and chute for passing logs over said dam; provided further that said dam shall be so constructed by the building, erecting and maintaining of a fishway, sluice-way or other contrivance as to freely permit fish to pass through the

same.

SECTION 2.

This act shall take effect and be in force from

and after its passage and publication.

Approved March 19, 1901.

No. 72, A.]

[Published March 21, 1901.

CHAPTER 56.

AN ACT to amend section 1520 of Wisconsin statutes of 1898, relating to county superintendents of poor.

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

Poor superintendents, how elected; vacancy; trustees of county asylum, when to act as. SECTION 1. Section 1520 of the Wisconsin statutes of 1898, is hereby amended by striking out the

words "by the county board in like manner" where they occur in the sixth and seventh lines of said section and inserting in place thereof the words "by the chairman of the county board, which appointment shall hold until the next annual meeting of the county board," so that said section 1520 shall read as follows towit: Section 1520. Whenever the distinction between county poor and town poor shall have been so abolished in any county, the county board may elect by ballot three county superintendents of the poor who shall hold their offices for such term, not less than one nor more than three years, as said board may determine, subject to removal by said board at any meeting thereof and all vacancies shall be filled by the chairman of the county board, which appointment shall hold until the next annual meeting of the county board; but when a vacancy happens before the expiration of the term, it shall be filled for the residue of the term only; or any such county board may provide for the support and maintenance of such poor without the election of superintendents in such manner as they shall direct. In any county which maintains both a poor house and a county asylum for the chronic insane, the trustees of the latter shall be ex-officio superintendents of the poor, unless the county board shall at an annual meeting order otherwise; but the board of any such county may appoint a superintendent or superintendents of the poor solely to have charge of such poor persons as need relief outside the poorhouse.

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

Approved March 19, 1901.

No. 52, A.]

[Published March 21, 1901.

CHAPTER 57.

AN ACT to amend section 706 of the Wisconsin statutes of 1898, as amended by chapter 155 of the laws of 1899, relating to the appointment of assistants and employees and the number thereof, by the county clerk and providing for their compensation.

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

Appointment of deputy clerk; duties and powers of; in counties of 150,000. SECTION 1. Section 706 of the Wisconsin statutes of 1898, as amended by chapter 155 of the laws of 1899, is hereby amended by striking out the words "by and with the consent of the board of supervisors, who shall fix their salaries, appoint three assistants in his office," in the eighteenth, nineteenth, twentieth and twenty-first lines of said section as amended, and inserting in lieu thereof the words "appoint five assistants in his office," also by striking out the word "and" in the twenty-second line of said section as amended; also, by striking out the word "who" in the twenty-second line of said section as amended, and inserting in lieu thereof the words "license clerk and copying clerk; said assistants shall receive a salary to be fixed by the board of supervisors and," so that said section when so amended, shall read as follows: Section 706. Every such clerk shall appoint a deputy in writing under his hand, and shall file such appointment in his office; and such deputy clerk shall aid in the performance of the duties of such clerk under his direction, and in case of his absence or disability or of a vacancy in his office, shall perform all the duties of such clerk during such absence or until such vacancy shall be filled; and every such clerk and his sureties shall be liable upon his official bond for the acts of his deputy; and the county board may in its discretion at its annual meeting or at any special meeting, provide a salary for such deputy clerk which shall be paid at the same time and in the same manner as county officers. In counties having a population exceeding one hundred and fifty thousand according to the last state or national census, such clerk may also appoint five assistants in his office who shall be known as chief clerk, assistant, stenographer, license clerk and copying clerk; said assistants shall receive a salary to be fixed by the board of supervisors, and

shall be paid as other county officers and employees are paid; and such clerk and his sureties shall be liable upon his bond for the acts of said chief clerk, assistant, stenographer, license clerk and copying clerk so appointed.

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

Approved March 19, 1901.

No. 394, S.]

[Published March 20, 1901.

CHAPTER 58.

AN ACT to provide for special elections to fill vacancies in certain offices in cities of the first class, and limiting the term of appointees to such offices.

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

SEC

No appointment to be made prior to a judicial election. TION 1. No appointment to fill a vacancy in an elective office in any city of the first class operating either under a general law or special charter, which appointment shall be made prior to any special election for municipal officers or prior to any judicial election shall be valid beyond the date of holding such special or such judicial election, and such office shall be deemed vacant after the date of either such election and shall be filled in the manner hereinafter provided.

Vacancy, how filled. SECTION 2. In case of any vacancy in any elective office in any such city as is described in section 1 hereof, or in case of any appointment to fill an elective office in any such city, such vacancy shall be filled and election shall be held for any such office whether the same shall have been filled by appointment or not, at a special election to be held therefor at the time of the first special election for municipal officers or at the time of the first judicial election held in any such city after such vacancy shall occur or appoinment be made; and the person or persons so elected to fill any such vacancy shall hold their respective offices until the next general municipal election.

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

Approved March 20, 1901.

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