secretary of state a resolution certified by the president and secretary, under its corporate seal, to have been duly adopted by its board of directors, accepting the grant upon the terms and conditions herein contained; and shall, within said thirty days, give to the state of Wisconsin such security for the completion of said railroad between said point of intersection and said west end of Lake Superior, in accordance with said acts of congress and with this act as shall be required by the governor; and upon failure of said company to deposit said money, or to file said resolution, or to give such security within the times hereinbefore limited, this act shall be of no force or effect whatever. pointed to inclaims. SECTION 5. It shall be the duty of the governor to some suitable appoint immediately upon the payment to him of the person to be apmoney in the preceding section mentioned, some suit- vestigate able person, who shall forthwith investigate and ascer tain the amounts honestly and actually due, and to whom due, for labor and supplies done and furnished prior to Jan. 20, 1882, in and about the grading and other work done by or under the auspices of said Chicago, Portage & Superior Railway Company, between said point of intersection and said west end of Lake Superior, and so much of said sum so to be paid to the governor as aforesaid as shall be necessary therefor, not exceeding, however, in all seventy-five thousand dollars, shall be disbursed, under the direction of the governor and with his approval, upon the report of his said agent, or otherwise, as he may be best advised, in the payment and settlement of said claims. In disbursing said money the bona fide claims of laborers shall be first paid and the amount which shall remain, if any, after payment of said claims of laborers, shall be applied to the payment of bona fide claims of subcontractors and material and supply men, in full, if sufficient remains therefor; otherwise shall be divided pro rata among them upon such basis as shall seem to the governor and his said agent just in the premises. All claims, so to be paid out of said fund hereunder, shall be presented to the governor within ninety days after the passage of this act or the same shall be barred from participation in said fund. Provided, however, that in no case shall the assignee of any labor claim, hereinbefore mentioned, be entitled to receive out of said fund more than the amount which the governor and his said agent shall be satisfied was actually paid, by said assignee, for the claim so assigned and presented by him; and, provided further, that in ascer not liable to taining the amounts due to subcontractors, as aforesaid, no claims for profits earned or prospective, on any subcontract, shall be considered or allowed; and, provided further, that nothing in this act contained or the payment of said money to the governor as aforesaid, shall be taken or deemed to be an admission by the said Chicago, St. Paul, Minneapolis and Omaha Railway Company of any liability whatever for the debts of said Chicago, Portage and Superior Railway Company, or of any person, or persons, corporation or corporaSaid money tions. Provided further, that the said money, so to be garnishment or paid to the governor as aforesaid, shall not, while in attachment. his hands, beliable to garnishment, attachment or other Excess of pany. to be re legal process. SECTION 6. The governor shall pay out of the turned to com- moneys so to be paid to him in excess of said seventyfive thousand dollars, the compensation and expenses of said agent, and shall reimburse the state for all expenses incurred in the premises, and if after payment of said claims, as herein provided, and after payment of said expenses, there shall remain any surplus, he shall pay the same over to the said Chicago, St. Paul, Minneapolis & Omaha Railway Company. Contravening sections repealed. Amended. SECTION 7. Sections 8, 9 and 10 of said chapter 126 of the laws of 1874, and all acts and parts of acts in any manner contravening or conflicting with the provisions of this act are hereby repealed. SECTION 8. This act shall take effect and be in force from and after its passage and publication. Approved February 16, 1882. [No. 33, S.] [Published February 17, 1882.] CHAPTER 11. AN ACT to amend section 671 of the revised statutes of 1878, as amended by chapter 190 of the laws of 1879, entitled of county government. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. Section 671 of the revised statutes of 1878, as amended by chapter 190 of the laws of 1879, is hereby amended by adding at the end of said section 671, the following, to-wit: "provided, however, that the provisions of this section shall not apply to the formation of towns in counties having less than three organized towns. SECTION 2. This act shall take effect and be in force from and after its passage and publication. Approved February 17, 1882. [No. 38 A]. [Published February 23, 1882]. CHAPTER 12. AN ACT to authorize the common council of the city of Milwaukee to appropriate to the assessors of the city of Milwaukee certain sums of money. 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 appro Milwaukee is hereby authorized to audit, allow and pay, in the same manner that other accounts and claims against the city are audited, allowed and paid, to each of the assessors of the city of Milwaukee for the year 1881, such sums of money as will constitute the balance of salary of six hundred dollars, as provided for in the charter of the city of Milwaukee. SECTION 2. All sections or parts of sections, so far as they may be construed to conflict with the provisions of this act, are hereby repealed, as for the purposes of this act. SECTION 3. This act shall take effect and be in force from and after its passage and publication. Approved February 20, 1882. [No. 13 S]. [Published February 23, 1882]. CHAPTER 13. AN ACT to amend an act entitled an act to "incorporate the The people of the state of Wisconsin, represented in senate priated. SECTION 1. Said company is hereby authorized and Authorized to empowered, and granted the exclusive right to con- booms and struct, maintain and keep on the Peshtigo river, from plers. its mouth up so far as said company owns the lands adjacent to said river, any and all piers and booms that said company may deem necessary for the purpose of holding, storing, assorting and dividing logs, timber, lumber, posts, ties, shingle bolts and other materials, or for any other purpose; provided, that said booms shall not unnecessarily obstruct or impede navigation upon said river, and shall be put in and maintained in a substantial manner. SECTION 2. The said company shall have the priv. To stop logs, ilege and right of stopping, by, and with, said piers and etc. booms, all logs, timber, lumber, posts, ties, shingle bolts and other materials that come down said river, Compensation to be paid the company for use of boom. Lien upon logs, etc., for boom age. Owners of logs, timber, etc., for the purpose of dividing, separating, and putting them into side or pocket booms, according to their marks or ownership. SECTION 3. The said company shall be entitled to have and receive twenty-five (25) cents per thousand feet, board measure, according to Scribner's rule, upon all logs and timber; two (2) cents each upon all posts and ties; five (5) cents each for all telegraph poles, and fifty (50) cents per cord upon all shingle-bolts that it shall boom, divide and put into pockets or side booms, and the same shall become due and payable when said logs, timber, posts, ties, telegraph poles or shingle-bolts are placed in said pockets or side booms; and for the purpose of ascertaining the amount to be paid for such booming and dividing said logs, timber, post, ties, telegraph poles and bolts are to be scaled and counted at the lower dividing boom of said company, by a person or persons to be appointed and paid by said company for that purpose. SECTION 4. The said company shall have a lien upon any and all logs, lumber, posts, ties, telegraph poles and shingle-bolts, or other material, secured, stored or divided into said pockets or side booms, and upon the timber and shingles manufactured therefrom; and said lien shall take precedence of all other claims or liens thereon, excepting liens for labor on the same, any statute of this state to the contrary notwithstanding; and said company may enforce the collection thereof in the manner provided for the enforcement of laborer's liens, by chapter 143 of the revised statutes of 1878, as amended by chapter 330, laws of 1881, or by action against the owner or any person or persons exercising acts of ownership over the same, or the lumber or shingles manufactured therefrom. SECTION 5 Owners of logs, timber, posts, ties, tele. graph poles, shingle-bolts and other materials shall take away after put them away as fast as they are divided and put into shall take same nto pockets. pockets, or side booms by said company, and any such owner or owners who shall fail or neglect to so remove such logs, timber, posts, ties, telegraph poles, shinglebolts or other materials, shall be liable to said company and to any other person or persons for any and all damages it or they may sustain by reason of such logs, timber, posts, ties, telegraph poles, shingle-bolts or other materials not being taken away as herein required; and any such damage or damages shall be a lien upon such logs, timber, posts, ties, telegraph poles, shingle-bolts, or other materials, and the lumber or shingles manufactured therefrom, and may be enforced in the manner provided in section four (4) of this act for enforcing the lien therein provided for, or recovered by personal action against the owners or those exercising acts of ownership over such property, and said company shall not be liable for any delay or delays caused by the failure of such owners to so remove such logs, timber, posts, ties, telegraph poles, shingle-bolts, or other materials, nor for delays caused thereby in the dividing and passing logs, timber and other materials through said piers and booms and out of said river; and all logs, timber, posts, ties, telegraph poles, shingle-bolts and other materials, while in storage in any of the booms of said company, shall be in the exclusive control, care, custody and charge (except as herein otherwise provided), and at the sole risk, liability and responsibility of the owner or owners thereof (except as provided in section 1 of this act). SECTION 6. For ali labor done upon, or in the care Extra charge for additional or disposition of any logs, timber, posts, ties, telegraph labor. stroying prop SECTION 7. Any person or persons who shall will. Penalty for defully open, injure or destroy any of the piers, booms erty of compaor other works of said company, shall be liable for the y amount of damages done, to be by said company recovered in an action at law before any court of competent jurisdiction, in addition to the penalties now provided by law. SECTION 8. This act shall take effect and be in force from and after its passage and publication. Approved February 20, 1882. [No. 36, S.] [Published February 23, 1882. CHAPTER 14. AN ACT to amend chapter 123 of the laws of 1880, in relation to the distribution of the blue book, The people of the state of Wisconsin, represented in senate and assembly, do enact as follows : SECTION 1. Section 1 of chapter 123 of the laws of Amendment. 1880, entitled " an act to amend chapter 141 of the laws 2- LAWS. |