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To pay damage caused by flowage.

town five north, of range number twenty-two, east of the fourth principal meridian, and to erect and maintain all necessary appendages, to enable him to use said water for the purpose of making a small artificial lake on his said land; provided, however, that said dam shall not be erected over four feet in height above high water mark.

SECTION 2. In the event that such a dam shall cause the water to flow back on any lands not owned by said Joseph Lindenmann, or others authorized to build and maintain said dam, then he or they shall pay to the owner or owners of such land, such sums of money as such land so overflowed by reason of the keeping up and maintaining said dam, may be reasonably worth, irrespective of any enhancement of the value thereof, on account of the erection of said dam, and such value if not agreed upon between said Joseph Lindenmann, his associates, successors and assigns, and the owners of said lands, to be ascertained by the verdict of a jury, in an action of trespass, and by no other mode, to be by such owners brought in any court of record within said county of Milwaukee.

SECTION 3. This act shall take effect and be in force from and after its passage and publication. Approved April 6, 1891.

Phonographic reporter, Win

court.

No. 160, S.]

[Published April 11, 1891.

CHAPTER 171.

AN ACT authorizing the county judge of Winnebago county to employ a phonographic reporter, in probate cases.

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

SECTION 1. The county judge of Winnebago nebago county county may, in his discretion, employ the phonographic reporter appointed for the county court of Winnebago county, to take testimony in probate matters in said court, and said reporter

shall be paid in the same manner, and at the same per diem, as now provided for attendance upon the county court, in the trial of civil cases. SECTION 2. This act shall take effect and be in force from and after its passage and publication. Approved April 6, 1891.

No. 222, S.]

[Published April 11, 1891.

CHAPTER 172.

AN ACT to amend the charter of the city of Plymouth, and the several acts amendatory thereof.

(See Vol. 2.)

No. 292, S.]

[Published April 11, 1891.

CHAPTER 173.

AN ACT to authorize the city of Menomonie to appropriate a sum of money.

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

cil may pay for

river.

SECTION 1. It shall be lawful for the common common councouncil of the city of Menomonie, to appropriate bridge across a sum of money not to exceed three hundred Red Cedar and fifty-eight dollars, in payment of the indebtedness due and unpaid upon the bridge built across the Red Cedar river, near Irvine creek, in the town of Menomonie.

SECTION 2. This act shall take effect and be in force from and after its passage and publication. Approved April 6, 1891.

No. 231, S.]

[Published April 11, 1891.

Amends sec. 904, R. S. 1878.

Streets and alleys, how

CHAPTER 174.

AN ACT to amend section 904, of chapter 40, of the revised statutes of 1878, entitled, "Of villages."

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

SECTION 1. Section 904, of the revised statutes of 1878, is hereby amended so as to read as follows: Upon petition in writing of the owners discontinued. of lots on, or land on any street or alley in such village, the board of trustees may discontinue such street or alley, or any part thereof; provided, that all the owners of lots or land on the portion of such street or alley proposed to be vacated and two-thirds of the owners of lots or land on the remainder of such street or alley, shall sign such petition, and not otherwise. At least one week before acting on such petition, the board of trustees shall cause a written or printed notice to be posted in three public places in such village, stating when the petition will be acted upon and what street or alley or part thereof is proposed to be vacated.

SECTION 2. This act shall take effect and be in force from and after its passage and publication. Approved April 6, 1891.

No. 75, A.]

[ Published April 11, 1891.

CHAPTER 175.

AN ACT to authorize the erection of a dam across Red river, in Shawano county, Wisconsin, and to grant certain powers and privileges to persons therein mentioned.

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

to build dam

river near

SECTION 1. G. J. Huhn, J. H. Baum, John G. J. Huhn et Marx, their heirs and assigns, are hereby author- al., authorized ized and empowered to erect, keep and maintain across Red a dam, not exceeding sixteen feet in height, across Shawano the Red river, in Shawano county, Wisconsin, at county. a point in said river where is now located the Weed dam, being on the north half of the southwest quarter of the southeast quarter of section two, township twenty-seven, range fourteen east.

SECTION 2. Said dam shall be erected and con- Slides and structed for manufacturing and boomage pur- chutes. poses; provided, that said dam shall be provided and furnished with suitable slides or chutes so as to allow the free and unobstructed passage of sawlogs and timber through the same, and, provided further, that no charge for toll upon logs passing through said dam or said boom shall ever be collected or received by said parties aforesaid, their associates or assigns.

laws of 1882,

R. S. 1878, shall

SECTION 3. The control of said dam and slides Provisions of shall belong to G. J. Huhn, J. H Baum and chapter 318, John Marx, their associates, heirs and assigns, and chapter 146 but subject to the provisions of chapter 318 of the relate to same. laws of 1882, and the acts amendatory thereof; and the dam so erected shall be subject to all the provisions of chapter 146, of the revised statutes of 1878, and the acts amendatory thereof.

SECTION 4. The legislature hereby reserves the right to alter, amend or repeal the franchises granted in this act, whenever in the judgment of the legislature it is necessary or proper to do so.

SECTION 5. This act shall take effect and be in force from and after its passage and publication. Approved April 6, 1891.

No. 89, A.]

[Published April 11, 1891.

Common council may raise

ation to com

plete sewers in

district.

CHAPTER 176.

AN ACT to authorize the city of Milwaukee to raise a special tax in the west sewerage district of said city.

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

SECTION 1. The common council of the city of money by tax Milwaukee is hereby authorized to levy and raise by taxation upon all taxable property, real west sewerage and personal, within the west sewerage district of said city, in addition to the amount authorized to be raised for a sewerage fund in said district and in addition to the amount of money authorized to be raised by taxation for all pur poses within said district, now limited by law, for each of the years 1891, 1892 and 1893, a sum of money not exceeding one mill on the dollar, in each of said years, upon all the taxable property within said district, for the purpose of continuing and completing the sewers contemplated by the plans for sewers in said west sewerage district of said city, now on file in the office of the proper officers of said city of Milwaukee, and for the purpose of constructing and continuing the con struction of such sewers as shall or may be included in any amendments to, or changes, of the plans in said district during the years 1891, 1892

and 1893.

SECTION 2. This act shall take effect and be in force from and after its passage and publication. Approved April 6, 1891.

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