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right of parties.

ting up a claim adverse to the title set out in said petition to said premises, and to the money or any part of it to be paid as compensation for the property so taken, court to hear the court shall hear and determine the right of the par- and determine ties to said money, and for that purpose may order a reference or an issue to be tried by a jury. Either party may except to the decisions of the court and ap peal to the supreme court in like manner as in actions. Either court may award costs to the prevailing party. and render judgment therefor against the other party.

infaut or under

ties.

SECTION 20. Section nineteen of said chapter five when owner of is amended so as to read as follows: Section 19. When property is an any known owner of lands or tenements affected by legal disabili any proceedings under this charter shall be an infant, or labor under any disability, the judge before whom the proceedings are pending, may, upon the application of the common council, or such party or his next friend, appoint a guardian for such party, in the same manner as in a civil action in a court of record, and all notices required by this charter shall be served on such guardian.

fects.

SECTION 21. Section twenty of said chapter five is Power of court amended so as to read as follows: Section 20. The to amend dejudge or court before whom proceedings are pending, shall have power at any time to amend any defect or informality in any of the special proceedings authorized by this act as may be necessary, or to cause new parties to be added, and to direct such further notices to be given to any party in interest as he deems proper, and also to appoint other commissioners in place of any who shall die, or refuse or neglect to serve, or be incapable of serving.

When Improve

ment chargeable to adjacent

SECTION 22. Section twenty-one of said chapter five is hereby amended so as to read as follows: Section 21. Whenever any improvement chargeable to the proper- property. ty adjacent thereto shall have been determined upon, the proportion of the costs properly chargeable to each lot, part of lot or parcel of land subject to contribute to the payment of the same, shall be ascertained by the council, and the city clerk shall forthwith issue to each person occupying such premises liable to contribute, a certificate stating the amount assessed and chargeable to the premises occupied by such person, and the amount so chargeable to any particular lot or parcel of land shall be, from the time it is so ascertained, a lien and charge thereon, and upon no other property; and the said amount shall be entered against such lot or lots in the tax warrant for the year in which the assess

Forfeitures and

penalties to be

treasury.

ment is made, and collected in the same manner as other taxes.

SECTION 23. Section three (3) of chapter seven (7) paid into city of said chapter sixteen (16), is hereby amended so as to read as follows: Section 3. All forfeitures and penalties accruing to the city for any violation of this act or of any of the ordinances, by-laws, rules or regulations of the city, and all fines recovered for any cause in any criminal proceeding before any justice of the peace in said city or in the municipal court of said city, shall be paid into the city treasury by the justice of the peace or municipal judge before whom the same are recovered, and shall become a part of the general fund; and all moneys received for licenses shall be paid into the city treasury and become a part of the general fund, except as otherwise provided by this act.

Commencement of fiscal year.

SECTION 24. Section five (5) of chapter seven (7) of said chapter sixteen (16), as amended by section eight (8) of chapter one hundred and six (106) of the laws of Wisconsin for the year 1874, so as to read as follows: Section 5. The fiscal year of the city of Eau Claire shall commence on the first day of September, on which day, or within thirty days thereafter, the common council shall, by resolution, determine what amount of money, exclusive of the estimated resources of the city not derived from direct taxation, will be required for the next ensuing year for general city purposes; and When and how the common council shall thereupon be empowered to

taxes levied

and collected.

levy, and shall by resolution, levy a tax for general city purposes, not exceeding in amount one per centum of the assessed value of real and personal property of the city for that year. The common council shall, in the month of September of each and every year, determine and levy the amount of highway tax in each ward of said city for the ensuing year, according to the necessities of each of the wards respectively, for the purpose of constructing and repairing streets, highways and bridges in said city, which amount shall not in any ward exceed four mills on the dollar upon all taxable property in said ward, as the same shall appear by the last assessment roll, which shall be collected in the same manner and at the same time as the general taxes of said city. The city treasurer shall credit each ward. in the city with the amount of highway tax collected by him therein, and the same shall be expended on the streets, highways and bridges in the wards where collected, under the supervision of the street commissioner. The common council shall have the power to

levy a tax upon the taxable property of said city, equal in amount to the interest for one year, not otherwise provided for, upon all bonds lawfully issued by the city of Eau Claire; and such special tax shall not be used or applied for any other purpose whatever. No city order of any kind shall be received in payment of school or school house tax, but the same shall be paid in money, and shall be paid over by the city treasurer to the treasurer of the school boards, upon the order of the director and clerk thereof. All resolutions for the purpose of levying a tax shall require for their passage the affirmative vote of two-thirds of all the members of the common council.

Approved, February 13, 1877.

[Published February 19, 1877.]

CHAPTER 11.

AN ACT to reduce the rate of interest on bonds hereafter issued by the city of Milwaukee, under section 23, chapter 311, laws of 1876.

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

terest.

SECTION 1. All bonds hereafter issued by the city Bonds to bear of Milwaukee, under and in pursuance of section 23 of ex per cent. inchapter 311 of the laws of 1876, shall bear interest not exceeding the rate of 6 per cent. per annum, payable semi-annually.

SECTION 2. This act shall take effect and be in force from and after its passage and publication. Approved February 13, 1877.

[Published February 19, 1877.]

CHAPTER 12.

AN ACT to enable the county of Jackson to compromise its bonded indebtedness.

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

SECTION 1. For the purpose of compromising and County board settling the railroad bonded indebtedness of the county authorized to

compromise

and settle indebtedness.

Board may pro

bonds.

of Jackson, in this state, based upon bonds heretofore issued, and claims for bonds heretofore voted but not issued, to aid in the construction of the Tomah and Lake St. Croix railroad (now the West Wisconsin railway), under the provisions of an act of the legislature entitled "An act to authorize certain counties therein named to aid in the construction of a railroad from Tomah to Lake St. Croix, by the Tomah and St. Croix Railroad Company," approved April 1st, 1864; and which said indebtedness may, at the time of settling or compromising, be represented by bonds, coupons, claims for bonds heretofore voted by said county in aid of said railroad, but not yet issued, judgments rendered upon bonds and coupons, the board of supervisors of the county of Jackson, Wisconsin, shall have power, and are hereby authorized to compromise and settle said indebtedness, or any part thereof, upon such terms and conditions as to them shall seem most advantageous and beneficial to the said county, subject, however, to the limitations and conditions hereinafter contained.

SECTION 2. The board of supervisors of the said vide for issuing county of Jackson, for the purpose of settling the indebtedness mentioned in section one of this act, shall have power, by order or resolution, to provide for the issuing of the bonds of the said county of Jackson, in denominations from one hundred dollars to one thousand dollars each, to an aggregate amount not exceeding the sum of forty-seven thousand dollars. Said bonds may be dated on the 1st day of November, 1875, or on any day subsequently, as said board may determine, and shall be made payable twenty years from and after the date of the same, with interest at the rate of seven per cent. per annum, payable semi-annually, at such place as may be designated in said bonds.

How bonds to be signed.

Board to levy

est.

SECTION 3. The bonds authorized by the provisions of this act shall be signed by the chairman of the county board of supervisors of the county of Jackson, and countersigned by the county clerk of said county, who shall affix thereto the seal of said county.

SECTION 4. The board of supervisors of the said tax to pay inter-county of Jackson shall annually cause to be levied and collected, as other county taxes are levied and collected, a sum of money sufficient to pay the interest on the said bonds issued under the provisions of this act; and all taxes collected to pay the interest on said bonds shall not be used for any other purpose, and the county treasurer of the said county of Jackson shall promptly

and faithfully apply the same in payment of the interest on said bonds.

cipal.

SECTION 5. The said board of supervisors of the Board to levy county of Jackson are hereby authorized and required, tax to pay prin from and after the tenth year after the issue of the said bonds, provided for by this act, to annually cause to be levied and collected, in addition to the interest herein before provided for, in the same manner that state and county taxes are levied and collected, a sum not exceeding five per cent. of the amount of the bonds which may have been issued under this act, and which may be outstanding, which said sum shall be used and applied by the county treasurer of said county of Jackson in the payment of the said bonds so outstanding; and in the event of the said county treasurer not being able, for any reason, to pay such bonds, he shall invest How funds to all such sums unapplied and unexpended in his hands be invested. in bonds of the state of Wisconsin, or of the United States, and shall, from time to time, receive the interest, when due upon such bonds, and invest such interest as aforesaid; and shall keep said sums so invested until used in the payment of the said bonds, provided for by this act.

bonds.

SECTION 6. The board of supervisors of the said fax to be levied county of Jackson shall cause to be levied and collect- for payment of ed, during the year previously to the maturity of said bonds, or any of them, a sum sufficient to pay any and all such bonds so maturing, and the county treasurer of the said county of Jackson shall faithfully and promptly apply the sum so raised in the payment of said bonds as they become due.

SECTION 7. This act shall take effect and be in force from and after its passage and publication. Approved February 13, 1877.

[Published February 19, 1877.]

CHAPTER 13.

AN ACT relating to court commissioners for Brown county.

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

SECTION 1. All court commissioners of the circuit Powers of court court for Brown county, heretofore appointed or here- commissioners. after to be appointed, shall, without further qualfica

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