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after enter such unpaid special taxes therein in a special column, with ten per cent. addition thereto. added, opposite to the names of the persons and descriptions of property and lots against which the taxes so remain charged and unpaid, and such taxes shall be collected in the same manner as the general taxes of said village and town are collected, and when so collected, shall be paid over to the treasurer of said village, for the purposes for which they were originally intended and assessed.

SECTION 18. This act shall take effect from and after its passage and publication. Approved February 28, 1868.

CHAPTER 144.

AN ACT to amend section one of chapter 201 of the private and local laws of the year 1867, entitled "an act to amend section 4 of chapter 71 of the private and local laws for the year 1866, entitled 'an act to incorporate the Rubicon hydraulic company.'

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

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SECTION 1. Section one of chapter 201 of the priv- Amended. ate and local laws of the year 1867, entitled "an act to amend section four of chapter seventy-one of the private and local laws for the year 1866, entitled ‘an act to incorporate the Rubicon hydraulic company,' is hereby amended to read as follows: Section 1. In Lands owned case any lands other than such as may be owned by by individuals such company shall be overflowed in consequence of flowed without the erection, construction, raising or repairing of any ment of damsuch dam, flume or aqueduct, without the consent of ages. the owner or owners thereof, said company shall, if possible, agree with the owner or owners of such lands as to the amount of compensation to be paid for such damages; and if such person or persons owning or possessing such legal or equitable title, lien or incumbrance shall be a minor, non compos mentis, insane or a married woman or under any legal disability, then with the guardian of such person or the busband of such married woman, and if such company cannot

Compensation

submitted to arbitration.

agree with such owner or owners, guardian or husband then such question of compensation shall be submitted to arbitration in the following manner, to-wit: such company shall select one disinterested arbitrator, and such owner, owners, guardian or husband shall select one disinterested arbitrator, and the county judge of the county in which said lands are situated shall select and appoint one disinterested arbitrator. Neither of said arbitrators shall be of kin to either of the parties. Notice of arbi- Either one of said parties shall give ten days' notice to

tration.

to appoint arbitrators.

the other party of his or their intention to have arbitrators appointed. If the notice is given by such company to the owner or owners of such lands it shall be personally served on such owner, guardian or husband. Said notice shall be in writing signed by the president of the company, but if such owner, owners, guardian or husband be non-residents, then such notice shall be sent by mail, signed by the president of such company, in a letter directed to their usual place of residence to select such arbitrator within sixty days from the time of mailing such letter. If application is made by the owner or owners of such lands for arbitration they shall give notice to the president or secretary of the company ten days previous to the day of applying to the county judge for the appointment of the third arbitrator. County judge Either party may apply to the county judge for the appointment of an arbitrator after having given ten days' notice to the other party; and upon such application the county judge shall appoint such arbitrator, but in case either one of the parties refuses or neglects to appoint one arbitrator after being duly notified by the other party then the two arbitrators who shall have been appointed, shall proceed to appoint such third ar bitrator; and such arbitrators after having been duly sworn according to law shall proceed to make an award of the amount of compensation which shall be paid by such company to said owner, owners guardian or husband, and shall make out duplicate statements of such award, acknowledge the same, and deliver one to the owner or occupant of such land and the other to the president of such company; and if the amount so awarded by such arbitrators shall be more than said company had previously offered to pay, then said company shall pay all the expenses of such arbitration; and

from award.

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if it shall be less, the other party shall pay such costs. An award made and signed by either two of the arbitrators shall be valid, and either party may within ten Either party days after receiving said award appeal to the court of may appeal proper jurisdiction for the county in which such lands are situated by giving written notice of such appeal to one of the arbitrators, and upon receiving such notice of appeal it shall be the duty of the arbitrators to certify all the proceedings to said court, and such arbitrators shall also notify the opposite party of such appeal. The said court shall enter said case on the docket, set- ties to the apting down the claimant as plaintiff and the said com- peal. pany as defendant and the said court shall proceed to ascertain the amount of compensation to be paid by said company to said complainant. The said court shall thereupon proceed to render judgment in favor of such complainant against such company; and if the amount so found for such complainant shall exceed the amount so found by said arbitrators then judgment shall be rendered against such company for costs; and if it shall not exceed the amount so found by said arbitrators, then judgment shall be rendered in favor of such company for costs and against such claimant, and when such compensation so to be ascertained according to the provisions of this section shall be paid or tendered to the party entitled to the same, said company shall have the exclusive right to the perpetual use of such lands as may be determined necessary for the purpose of this act. The said company shali have full Pending propower and authority pending all such proceedings and ceedings comuntil they shall refuse to pay the compensation so to be premises. ascertained as aforesaid, to use, occupy and enjoy the peaceable and uninterrupted possession of said lands for all the lawful purposes of said corporation; and they shall not while such proceedings shall be pending, or until such refusal be disturbed in such possession, use or occupancy and enjoyment by any proceedings either at law or equity.

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

Approved February 28, 1868.

pany may use

Time extended.

CHAPTER 145.

[Published March 19, 1868.]

AN ACT to extend the time for the collection of taxes in the city of Beloit.

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

SECTION 1. The time for the collection of taxes in the city of Beloit and county of Rock is hereby extended until the fifteenth day of March next, after the pas sage of this act: provided, that nothing in this act contained shall be construed to extend the time for the payment to the treasurer of Rock county, of the state tax apportioned to said city of Beloit.

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

Approved February 28, 1868.

CHAPTER 146.

[Published April 2, 1868.]

Amended.

School board may adopt text books.

AN ACT amendatory to section 6 of chapter 190 of the private and local laws of 1859, entitled "an act to provide for the manage. ment of the public schools of the city of Milwaukee."

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

SECTION 1. Section six of chapter one hundred and ninety of the private and local laws of 1859, is hereby amended so that the same shall read as follows: Section 6. The school board shall have power to adopt for use in the several public schools of the city, suitable text books, which shall be uniform and continued in use without frequent change; and when the school board shall have adopted for use in the public schools of the city, any text book or text books, the same shall not be changed by the board for five years next there

after, and the school board shall require that the system of instruction in the several public schools of the city, shall be as nearly uniform as possible; and shall adopt, and at their discretion modify or repeal by-laws, rules and regulations for their own government, and for the organization, discipline and management of the public schools of said city, and generally adopt such measures as shall promote the good order and public utility of the said schools: provided, that such by-laws, rules and regulations shall not conflict with the constitution and laws of this state.

SECTION 2. This act shall be published immediately, and shall take effect from and after its passa ge and publication.

Approved February 28, 1868.

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AN ACT to legalize the proceedings of a school meeting in school district No. 1, in the town of Woodman, Grant county, relative to the change of time for holding the annual school meeting in said district.

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

SECTION 1. All the proceedings had at the school Legalized. district meeting of school district number one in the town of Woodman, Grant county, on the 25th day of September, 1865, in regard to the change of time for holding the annual school district meeting in said district, are hereby declared legal and as valid as if the same had been done in all respects according to law.

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

Approved February 28, 1868.

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