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Towns author. SECTION 2. The town boards of supervisors of the ized to appropriate money. towns through which this stream runs, are hereby au

thorized to appropriate such portion of the drainage fund of their respective towns for the erection and maintenance of said dam as in their judgment may be

for the interest of the inhabitants of said towns. Popalty for de SECTION 3. Any person or persons who shall willstroying dam.

fully break or destroy said dam, or shall open the same, shall be liable to the proprietors thereof in an action of trespass to the amount of damage done, in addition to the penalty already provided by law, to be recovered before any court of competent jurisdiction.

SECTION 4. This act shall take effect and be in force from and after its passage.

Approved February 20, 1877.

[Published February 26, 1877.]

CHAPTER 24.

AN ACT to prevent the killing or disturbing wild pigeons

while on their brooding grounds. The people of the state of Wisconsin, represented in senate

and assembly, do enact as follows : Unlawful to die

SECTION 1. It shall be unlawful for any person or tarb pigeons when nesting. persons to use any gun or guns or fire arms, or in any

manner to maim, kill, destroy or disturb any wild pigeon or pigeons at or within three miles of the place or places where they are gathered for the purpose of brooding their young, known as pigeon nestings. Nor shall any person or persons fire at or attempt to kill or destroy any such wild pigeon or pigeons, or disturb their nests witbin said limits anywhere within this state, at any time from the beginning of such nesting or

brooding until the last batubing of such birds, and Penalty for vio- every person offending against the provisions of this lation of act.

section, shall be punished by a fine of not more than fifty dollars nor less than twenty dollars for each and every offense, together with the costs of suit, and shall be imprisoned in the county jail of the county wherein such offense was committed until such fine and costs are fully paid, or until discharged according to law; and in all convictions under this act one-halt of all fines shall be paid over, by the justice of the peace before whom such trial is brought, to the person who shall have made the complaint in such case.

SECTION 2. Justices of the peace shall bave jurisdic. Jurisdiction of tion to bear, try and determine all cases arising under the provisions of this act; provided, the defendant shall not be deprived of a jury trial, por of the right of appeal as in other cases.

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

Approved February 20, 1877.

[Published February 24, 1877.]

CHAPTER 25.

AN ACT in relation to the paving of Chestnut street, from the

Milwaukee river to Fifth street, in the second ward of the city
of Milwaukee.
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 Mil-

Council author waukee, with the concurrence of three-fourths of the ized to procure aldermen elect and of a majority of the aldermen of Chestáut street the second ward of said city, is hereby authorized and empowered to cause Chestnut street, from the Milwaukee river to Fifth street, in the second ward of said city, to be paved with such kind of pavement as may be recommended by a majority of the aldermen of said second ward, and to cause the cost of such paving to be charged and assessed in tbe following proportions, to wit.: one-third to the lots, parts of lots and parcels of land fronting on said improvement, and two-thirds to the ward fund of said second ward; provided, how. Proviso. ever, that all damages to property arising from any change of the established grade of said Chestnut street shail be assessed, charged and paid as now provided by law, and provided, further, that all provisions of the charter of said city, and the several acts amendatory thereof, in relation to the ordering of public improvements, and to the improving of streets in said city, not inconsistent with the provisions of this act, shall apply to the ordering and the doing of the work herein authorized.

SECTION 2. The common council of said city is bere. Connel! authorby authorized to levy, assess and collect in the year

ized to levy tax. 1877, at the same time and in the same manner as other city taxes are levied, assessed and collected for said year, and in addition to the amount authorized by

law to be raised by taxation for ward purposes in the second ward of said city, a tax of not exceeding two mills on the dollar, upon all taxable property, real and personal, liable to taxation in said ward for said year. Said special tax shall be used, applied and appropriated for the purpose of paying the portion chargeable to the second ward fund, of the work authorized by this act, any balance remaining to be used for other purposes properly chargeable to said ward fund.

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

Approved February 20, 1877.

[Published February 24, 1877.]

CHAPTER 26.

Amended.

AN ACT to amend chapter 313 of the laws of 1876, entitled

"An act to revise, consolidate and amend the charter of the

city of Racine, and the several acts amendatory thereof." The people of the state of Wisconsin, represented in senate

and assembly, do enact as follows: Amended. SECTION 1. Section 3 of title I. of said chapter 313,

of the laws of 1876, is hereby amended by inserting in the ninth line of said section after the words “Seventh street," the words “with the east boundary line of the

city.” Amended.

SECTION 2. Section 7 of title II. is hereby amended by striking out therefrom all after the words "common council.”

SECTION 3. Section 12 of said title IL is hereby amended by striking out there from the last sentence, commencing with the words: “When a vacancy sball

occur." Amended. SECTION 4. Section 1 of title III. is hereby amended

by strikiog out the words "enclosed in," in the fourteenth line of said section, and inserting in place thereof the words "endorsed on," and also by inserting after the words "such bond," in said fourteenth line, the words: “shall be at least double the sum named as

the penalty in such bond." Amended-Do SECTION 5. Section 2 of title III. is hereby amended tles of mayor. to read as follows: Section 2. The mayor shall take

care that the laws of the state and the ordinances of the city are duly observed and enforced, and that all

officers of the city discharge their respective duties. He sball, from time to time, give the common council such information, and recommend such measures as he may deem advantageous to the city. When present he shall preside at the meetings of the common coun. cil

, and shall only vote therein on an equal division of the members present. The mayor shall be the chief executive officer of the city, and the head of the fire department and police; he may appoint as many temporary special policemen as he may deem necessary. He shall bave power to administer oaths and to take ac. knowledgment of instruments. SECTION 6. Section 3 of title III. is hereby amended

Amended. by inserting after the word "mayor," in the sixth line of said section the words, “or of his inability to perform the duties of his office."

SECEION 7. Section 7 of title III. is hereby amended Amended. by striking out therefrom all after the words, "council shall direct," in the seventh line from the top of the page to the end of said section, and insert in place thereof the following words and sentences: “He shall collect and return all state, county, city and ward taxes and special assessments in the manner prescribed by law for town treasurers, except as herein otherwise provided. The common council shall fix his salary at a sum not to exceed fifteen hundred dollars, which shall be in full of all services by bim rendered; and all fees by him collected sball be paid into the city treasury."

SECTION 8. Section 8 of title III. is hereby repealed. Repealed.

Section 9. Section 11 of title III. is hereby annended Amended. by inserting after the word "assessors," in the fifth line of said section, the words : "except tbat there shall be only one assessment roll for the whole city."

SECTION 10. Subdivision 63, at the end of section Amended. 3 of title IV., is hereby amend d so as to read as fol. lows: "63. To alter the boundaries of tbe wards of said city, and to increase the number thereof."

SECTION 11. Sections 1 and 2 of title V. are hereby Amended. amended so as to read as follows:

TITLE V.

SECTION 1. The common council shall have the pow. Tak log of lan er to take private property for public use, and to lay for public use out, open, establish, enlarge or widen public squares, grounds, streets and alleys in manner following, viz: Any ten or more freeholders, residing in any ward, maj, by petition and plat accompanying the same,

represent to the common council that it is necessary to take certain land within the ward where such petitioners reside for public use for the purpose of laying out, opening, enlarging, extending or widening any public square, ground, street or alley, setting forth in such petition and plal the courses and distances, and metes and bounds of the lands proposed to be taken, and praying that such lands may be taken for such purposes, as authorized by law. Every person signing such petition shall make and annex thereto, bis affidavit that he is a resident and freeholder in said ward, and thereupon such person shall be deemed to be such freeholder and resident, and such petition shall be held as valid and of the same effect as if every such person were such resident and freeholder, although it should afterwards appear that any of such affiants were not such residents and freeholders. Persons in actual possession of lands, under the agreement for the purchase thereof, shall be held to be such freeholders within the

meaning and for the purposes of this act. Duty of council

SECTION 2. If the common council shall deem it in taking property. proper to proceed in this matter, they shall cause such

petition and plat to be filed and recorded by the city clerk, in a book to be kept for that purpose, and shall, by resolution, appoint a time and place, when and where such petition shall be heard before the said common coincil, of which hearing notice shall be given by the city clerk, by the publication of a notice in the of. ficial paper of the city, at least ten days prior to the time so fixed for the hearing of such petition. Every such notice shall specify, as near as possible, the boundaries of the land 'required for the purposes of the petition, shall designate the tracts of land through which the street or other proposed improvement will extend, and the names of the owners of such tracts, as far as the same may be ascertained from the latest assessment roll of said city, and shall also contain a statement of the time and place of bearing as fixed by the common council, and a statement in substance, that all parties interested may appear at such hearing and show cause why the prayer of the petitioners should not be granted, or make objections in relation thereto. The publication of such notice shall be a sufficient notice to all persons interested in any lards affected by the proceedings, and the affidavit of the printer or foreman of such official paper of the publication of such notice, shall be prima facie evidence of the publication thereof, in all courts and places. At the time and place appointed

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