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No. 71 A.]

[Published April 1, 1897.

CHAPTER 145.

AN ACT to authorize George W. Volk and others to erect and maintain a dam across Oconto river in Oconto county, Wisconsin.

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

maintain a

Oconto river.

SECTION 1. George W. Volk, his associates, Authorized to heirs and assigns, are hereby authorized to erect dam across and maintain a dam across the Oconto river, in Oconto county, on land now owned or which may hereafter be acquired by purchase or lease by said George W. Volk, his associates, heirs or assigns on lots one and three of section twentysix, township number twenty-eight north, of range number nineteen east, said dam to be constructed for hydraulic, manufacturing and booming purposes; and the said George W. Volk, his associates, heirs or assigns, are authorized to erect and maintain mills, machinery and necessary appendages to enable them to use the water of said stream for the aforesaid purposes; provided, that said dam shall not raise the water to exceed ten feet above the natural channel. SECTION 2. The said George W. Volk, his associates, heirs or assigns shall build suitable slides in said dam for running logs and timber over the same, and shall keep the same in repair. The same shall be kept open at all times when the river is at a driving stage, or when the water is being used for driving purposes, and there are logs and timber to run over said dam. The said George W. Volk, his associates, heirs and assigns, may erect and maintain booms for the stopping and holding in the mill pond hereby authorized to be created, of any logs or timber owned by the said George W. Volk, his

Shall build running of

slides for the

logs.

Control of
dam and slides

associates, heirs or assigns; provided, that such booms shall be constructed so as to allow free passage through said dam of any logs or timber owned or controlled by any other person or corporation, free of charge, without hindrance or delay, and at the cost of said George W. Volk, his associates, heirs and assigns.

SECTION 3. The control of said dam and to be in owner. slides shall belong to the said George W. Volk, his associates, heirs and assigns, but subject always to the provisions of section 2, of this act, but subject to the rights and privileges heretofore acquired and now held by the Oconto river improvement company.

Must be subject to all statutory provisions.

Right to alter or amend reserved by legislature.

SECTION 4. The dam so erected shall be subject to all provisions of chapter 146, of the revised statutes of 1878 and acts amendatory thereof, so far as said chapter and acts amend atory may be applied; provided, however, that the said George W. Volk, his associates and assigns, for the purpose of ascertaining the compensation to be made for overflowing or other wise injuring the lands of others, may within six months from and after the passage and publication of this act, proceed according to the provisions of chapter 318, of the laws of 1882, and acts amendatory thereof.

SECTION 5. The legislature hereby reserves the right to alter, amend or repeal the fronchises granted in this act, whenever in the judg ment of the legislature it is necessary and proper so to do.

SECTION 6. This act shall take effect and be ir force from and after its passage and publication.

Approved March 31, 1897.

No. 65, A.]

[Published April 1, 1897.

CHAPTER 146.

AN ACT to provide for the filling of vacancies in city offices in cities of the first class.

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

SECTION 1. In all cities of the first class, where no provision of law is now made for filling vacancies which may occur in any city office, it is hereby made the duty of the city clerk, within forty-eight hours after he shall have learned or been notified of any vacancy of such office, to forthwith certify the same, under his hand and official seal, to the mayor of said city, and it shall thereupon be made the duty of such mayor, within thirty days after he shall have received said notice, to appoint some suitable person to fill the office, so made vacant and to notify the common council of said appointment, which said appointment shall be for the unexpired term, and shall be subject to the confirmation of such common council or the same shall not be operative; provided, however, that in case of vacancy in the office of mayor, the same shall be filled by election by the common council of such city for the unexpired term. A majority vote of all the members elect shall be necessary to make a valid election.

Vacancies in

office to be cer

tified to the

mayor by the

city clerk.

pointees to be

offices.

SECTION 2. Such officers so appointed or New apelected shall take the oath of office within the entitled to enter upon the time and in the manner prescribed by law and duties of their shall, after the confirmation by the common council, or in the case of the mayor, after the election by said common council, having otherwise qualified, be thereupon entitled to enter upon the duties of their respective offices and receive the emoluments thereof.

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

Approved March 31, 1897.

No. 421, A.]

[Published April 1, 1897.

Acts of officers

of cemetery association legalized.

CHAPTER 147.

AN ACT to legalize the acts of the officers of the Elroy cemetery association of the city of Elroy, in executing deeds to lots in the Elroy cemetery.

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

SECTION 1. All deeds heretofore executed by the president and secretary of the Elroy cemetery association in the city of Elroy, and county of Juneau, are hereby declared of as full force and effect as if executed by the president and treasurer of said association.

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

Approved March 31, 1897.

No. 364, S.]

[Published April 1, 1897.

CHAPTER 148.

AN ACT levying a state tax for the years 1897 and 1898.

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

three-tenths

SECTION 1. There shall be levied and col- State tax of lected for the year 1897, and also for the year of one mill 1898, respectively, a state tax of three-tenths to be levied. (3-10) of one mill for each dollar of the assessed valuation of the taxable property in the state, in addition to all other taxes and charges authorized to be levied by existing laws for each year aforesaid. Said taxes shall be apportioned and certified by the secretary of state, for each year as aforesaid, to the several counties, and by the county clerks of the several counties, to the several towns, cities and incorporated villages in their respective counties, and shall be collected and paid over according to existing laws.

trust funds

SECTION 2. The secretary of state and state Transfer of treasurer, by and with the consent of the gov- authorized. ernor, are hereby authorized to transfer from the trust funds of the state to the general fund, in case it may become necessary to meet the expenses of the state government, a sum sufficient for this purpose, to be returned to the trust funds from the general fund revenues of the state for the fiscal year ending September 30, 1898.

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

Approved March 31, 1897.

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