Towns shall be! credited with

over.

any town, may have and maintain his action against such town for the recovery of all moneys so unlawfully levied and collected from him, and proceed therein to find judgment.

SECTION 2. In case any town shall have paid such amount paid judgment after having paid over to the county treasurer, the state, county and county school tax, levied and collected as part of such unlawful tax, such town shall be credited by the county treasurer on the settlement with the town treasurer of the taxes for the ensuing year, the whole amount of such state, county and coun ty school tax, so paid into the county treasury.

State treasurer shall allow amount to counties.

SECTION 3. The county treasurer shall also be allowed by the state treasurer the amount of state tax so illegally collected and paid to said state treasurer, on settlement by the county treasurer with said state treasurer of state taxes of the ensuing year, after judgment and collection thereof.

SECTION 4. This act shall not have any retro active effect, and shall take effect and be in force from and after its passage and publication. Approved March 16, 1870.

Detached and fermed into

CHAPTER 89.

[Published March 17, 1870.]

AN ACT to constitute and re-organize the twelfth judicial cir cuit; to change the limits of the first and ninth judicial circuits, and to change the time for holding the terms of the circuit court for the county of Jefferson.

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

SECTION 1. The counties of Rock and Green are twelfth circuit. hereby detached from the first jndicial circuit, and the county of Jefferson from the ninth judicial circuit, and said counties of Rock, Green and Jefferson shall constitute a judicial circuit, which shall be known and designated as the twelfth judicial circuit.

Terms fixed.

SECTION 2. The terms of the circuit court in said counties of Rock and Jefferson shall be held at the

time now provided by law for holding the same, and the terms of said court for said county of Green shall commence in each year on the fourth Monday of February, the fourth Monday of September and the second Monday of July.

summoned.

SECTION 3. No jury shall be summoned for either Jury not to be of the terms of the circuit court, to be held in the months of June, July and August but said court shall have power at such terms, to transact any business or do any act which may be lawfully transacted or done at a general term of the circuit court, without the intervention of a jury.

SECTION 4. An election for judge of said twelfth Election of judicial circuit, for the term of six years, shall be held judge. in the several towns and wards therein, on the first Tuesday in April next, which election shall be conducted, and the votes given thereat shall be canvassed and returned, in all respects in accordance with existing laws providing for the election of circuit judges, and the term of office of the person who shall be chosen judge of said circuit at such election, shall commence on the first day of January, A. D. 1871. No notice of such election is required, and the same shall not be held invalid for want of any notice thereof.

effect.

SECTION 5. This act shall take effect on the first when take day of April next, but the several counties composing the said twelfth judicial circuit shall for the judicial purposes, remain a part of the several judicial circuits to which they have been heretofore attached, until the end of the thirty-first day of December next.

SECTION 6. All acts or parts of acts contravening Repealed. the provisions of this act are hereby repealed. Approved March 16, 1870.

GEN. LAWS.-10.

District No. 9 established.

To what provisions subject.

Where office of inspector to be kept.

Repealed.

CHAPTER 90.

[Published March 17, 1870.]

AN ACT to establish lumber district number nine in the state of
Wisconsin.

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

SECTION 1. For the purpose of inspecting and regulating the survey and measurement of logs, timber and lumber on the Chippewa river below the village of Durand and Beef Slough, from the Chippewa river to the Mississippi river and thence [along] the Mississippi river to the mouth of Trempealeau river, are hereby constituted a lumber district to be known and called lumber district number nine.

SECTION 2. Said lumber district number nine shall be subject to the provisions of chapter 167, general laws of 1864, entitled an act to establish lumber districts in this state and to regulate the traffice in logs, timber and lumber in said districts.

SECTION 3. The inspector of said lumber district number nine shall keep his office in the town of Nelson in the county of Buffalo.

SECTION 4. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed; and this act shall take effect from and after its passage and publication.

Approved March 16, 1870.

CHAPTER 91.

[Published March 22, 1870.]

AN ACT to protect the lands and meadows adjacent to West Twin river, in the county of Brown, from overflow and damage at certain times.

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

SECTION 1. No company which now is, or hereafter Not to overflow may be authorized by any law of this state to build banks or lands. and maintain any dam or drive logs in West Twin river, in the county of Brown, shall by venting, obstructing or in any way or manner interfering with the waters of said river, cause it to overflow its banks and the lands or meadows adjacent thereto or any part thereof, at any time between the fifteenth day of June and the next ensuing thirtieth day of September of each and every year.

ages for over

SECTION 2. Any member of such company now shall pay damchartered, or which may hereafter be chartered, or any flowing. agent or servant thereof, or any person whatsoever, who by venting, obstructing or otherwise interfering with the waters of said river, during the time aforesaid, shall cause it to overflow its banks and the lands or meadows adjacent thereto, or any part thereof, contrary to the provisions of this act, shall be liable to pay all damages which may be caused thereby to the property of other persons, which damages may be recovered by the person injured, in a civil action in any court of competent jurisdiction.

SECTION 3. This act shall take effect and be in force from and after its passage and publication. Approved March 16, 1870.

Shall instruct timber clerks.

Timber clerks shall take pos

CHAPTER 92.

[Published March 19, 1870.]

AN ACT to provide for the protection from trespasses of the lands granted by congress to the state of Wisconsin to aid in the construction of the Sturgeon Bay Ship Canal.

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

SECTION 1. It is hereby made the duty of the commissioners of school and university lands to instruct the timber clerks appointed by them to protect the school and university lands of the state from trespasses, also to preserve and protect the timber growing or be ing upon any of the lands heretofore granted by congress to the state of Wisconsin to aid in the construc tion of the Sturgeon Bay Ship Canal.

SEOTION 2. Such timber clerks shall take into possession of logs. session on behalf and in the name of the state of Wis consin, any and all logs and timber which may be cut on or carried away from said lands without lawful authority, by any person or persons, wherever the same may be, and sell and convert the same into money, which shall be immediately paid into the state treasury, less the necessary costs and expenses incurred in the recovery and sale of such property: provided, that such sale of timber or logs so seized shall be made at public auction to the highest bidder for cash. The time and place of any such sale shall be published for three successive weeks prior thereto, in a newspaper published in the county where such sale is to be held, if there is a newspaper published in such county, and ten days' notice thereof shall be posted in one or more conspicuous places at or near the place of sale, and in one or more conspicuous places at the county seat of the county in which such seizure is made: provided, that for the timber or logs already cut at the passage of this act, such timber clerks may at their discretion, commute or compromise for the same, at a rate not less than two dol Jars and fifty cents per thousand feet.

-Shall prosecute trespassers upon state lands.

SECTION 3. Such timber clerks shall have full power, and it is hereby made their duty, to prosecute in