force from and after its passage, any law of this state to Amended. How capital stock to be used. CHAPTER 140. AN ACT to amend chapter 170 of the private and local laws of 1865, entitled "an act to incorporate the master coopers' association of Milwaukee." The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. Chapter 170 of the private and local laws entitled "an act to incorporate the master coopers' association of Milwaukee" of 1865, is hereby amended by adding to section 6, the following viz: all moneys belonging to said association shall constitute the capi tal stock which shall be used solely for the benefit of the association, and the board of directors shall not have power to divide said capital stock into shares for the purpose of paying the same to the members of the association as long as five members are willing to uphold and maintain the said association; all moneys loaned out on interst shall be loaned at not less than six per cent. per annum. Moneys heretofore loaned and outstanding shall only be collected in when the same can be otherwise more advantageously invested, or when needed for the legitimate purposes of the said associa tion. SECTION 2. This act shall take effect and be in force from and after its passage. Approved February 28, 1868. CHAPTER 141. [Published March 2, 1868.] AN ACT to amend an act entitled "an act to consolidate and amend the act to incorporate the city of Milwaukee, and the several acts amendatory thereof." The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: public park. SECTION 1. Chapter six of the act to which this is Amended. amendatory, and the several acts amendatory thereof, are hereby amended that the common council of the city of Milwaukee may, by ordinance or resolution and without petition or bond, (and they are hereby authorized so to do), establish a park or public grounds, in May establish said city, near the lake shore; and for that purpose they may take and appropriate a tract of land, bounded on the north by the north line of Division street, extended to lake Michigan, on the west by the west line (extending across said Division street), of a certain alleged street generally known as, and called Lake street, and the easterly lines of blocks numbers one hundred (100) and one hundred and one (101) in the seventh ward of said city (the said line of block one hundred and one (101) to be extended across Wisconsin street), bounded on the south by the south line of Wisconsin street, extended to Lake Michigan, and on the east by the west water line of Lake Michigan, between said north and south lines. ers of land to SECTION 2. The notice prescribed by section two of Notice to ownsaid chapter six and the acts amendatory thereof, need be taken. not contain the names of the owner or owners or occupants of said lands, or of any persons interested therein, but the common council shall in said ordinance or resolution, describe the land proposed to be taken, by boundaries or lots and blocks, or in some other way which it shall deem sufficient, and the insertion of such description in said notice (to be given as aforesaid) shall be sufficient, and may be published as prescribed in said section and the acts amendatory thereof. SECTION 3. In all respects except as to petition and Proceedings for assessing dambond aforesaid, the proceedings in regard to said park ages. or public grounds shall be the same as are required by Who to have said chapter and the several acts amendatory thereof, in buying [laying out,] opening, or widening streets; with the same right of appeal to the circuit court from assessments of damages and benefits as is given in like cases for the damages and benefits in opening and widening streets. SECTION 4. The street commissioner of the seventh control of park. ward shall have the same control over such park or grounds as over streets, and may cause the same to be improved and ornamented; and that part of the bluff or bank of the lake to be graded and protected; and the cost of the same shall be paid out of funds belonging to the seventh ward; and, for that purpose, the common council, in addition to the taxes they are now authorized to levy for ward purposes on the taxable property of said ward, may annually levy a tax not exceeding two thousand dollars on said taxable property. Estimating damages. May take part of the premises described. May lay out park in third ward. SECTION 5. In estimating the damages to be awarded to any person or persons for property taken, any right which the city has, or may have at the date of such estimate in such property, through grant, dedication or otherwise, shall be taken into consideration and if such right claimed by the city is denied by parties in interest, it may, upon appeal to the circuit court by either of the parties entitled to an appeal, be tried as one of the issues involved in the appeal and without further pleadings. SECTION 6. The common council may lay out and establish, as herein provided, a park or public grounds over a part only of the premises hereinbefore discribed: provided, that every such park or public grounds shall include at least all of block one hundred and forty three (143) in said ward, and all that land inculded within the lines of that part of said alleged Lake street which adjoins said block on the west. SECTION 7. The common council may also whenever they deem it advisable, lay out and establish, according to the provisions of this act and of the chapter and acts of which this is amandatory, a park or public grounds in the third ward of said city, in continuation of the park or public grounds hereby authorized; such park or public grounds shall have for an eastern boundary, a part of the west water line of Lake Michigan, and such other boundaries as the common council may by ordinance prescribe: provided, it shall not exceed in width the greatest width allowed for said park or grounds in the seventh ward. The street commissioners of said third ward shall have the same control and power over such park or grounds in said third ward as are hereby given to the street commissioners of the seventh ward over the park or grounds in said seventh ward. The cost of improving and maintaining such park or grounds in the third ward shall be paid out of the funds of said ward, and for that purpose a tax may annually be levied upon the taxable property of said ward not exceeding two thousand dollars on said taxable property. SECTION 8. The common council shall have power May make police regulations to make police regulations for the government and use of the park: provided, however, that suitable access over said park or grounds, or some part thereof, shall be given to lots fronting on said park or grounds, so that the owners and occupants of such lots can have the reasonable use thereof for all the purposes of a street. SECTION 9. This act shall take effect and be in force from and after its passage. Approved February 28, 1868. CHAPTER 142. AN ACT to confer upon David S. Conly certain rights and privileges therein nained, relating to the Menasha and Manitowoc plankroad. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: property and} SECTION 1. That David S. Conly of the county of Conveyance of Manitowoc, under and in pursuance of the provisions rights conof chapter 477 of the private and local laws of 1867, firmed. entitled "an act to amend an act entitled 'an act to incorporate the Neenah and Manitowoc plankroad company, approved March 10th, 1848, and the several acts. amendatory thereof," became the purchaser by deed duly executed by and on behalf of the said plank road company, delivered to him on the twenty-second day of January, A. D. 1866, and recorded in the office of register of deeds of said county on the twenty-sixth May hold said rights,etc.,subimposed. day of March, 1866, in Vol. "C" of deeds, on pages 332 and 333, of all of that portion of the road of said company lying and being between the village of Manitowoc and Branch Mills in said county, and the hereditaments and appurtenances thereunto belonging, together with all and singular the immunities, rights, privileges and powers conferred upon said company by act of incorporation and the several acts amendatory thereof; that by virtue of said deed of conveyance and of the provisions of the chapter above recited the said David S. Conly is hereby declared to have become the owner of said portion of said road, with all the rights, franchises and immunities of said company pertaining thereto under its said charter and the several acts amendatory thereof. And the said Conly and his heirs or assigns shall have and hold the said portion of said road, together with all the said rights, franchises, privileges and immunities of said company, and may in his or their own name and right, take and receive the tolls on said road, and demand, sue for, recover and collect such tolls, and sue for and recover in any court having jurisdiction damages done by any party or person to said road or the property thereof, in the same manner and with like effect as the said company could have done by law before the said conveyance was made by said company to the said Conly as aforesaid. SECTION 2. That the said Conly, his heirs or ject to duties assigns shall hold said portion of said road and the said rights, franchises and immunities appertaining thereto under the charter of said company, and the several acts amendatory thereto, subject only to the duties imposed therein and thereby and by law upon said company, to keep the road in repair and post the rates of toll; and shall in no manner be made liable for any demand by any person or party for any moneys claimed to be due from said company, or for the remitting of any tolls or rates thereof for travelling on said road, and may demand sue for and recover in his or their name for all tolls due to said company, by any person or party before the said conveyance of said road to said Conly and assigned to him, and for all tolls which have become and are now due on account of travel on said road since the date of said conveyance. SECTION 3. This act shall take effect and be in force from and after its passage. Approved February 28, 1868. |