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overflowed

The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

Swamp and SECTION 1. All of the swamp and overflowed lands belands granted longing to the State, situated in the town of Norway, in in fee simple, the county of Racine, are hereby granted and conveyed

When town not liable.

Bleators may dispose of lands, &c.

Limitation.

Conveyance-

to the said town of Norway, and said town shall have and hold the same, in fce simple, and shall have full power to grant, bargain, sell and convey the same, or any part thereof, and said town shall also have power to mortgage the lands herein granted, or any part thereof, for the purpose of procuring means to drain and reclaim the same. But in case of a foreclosure of any such mortgage, and a sale of the mortgaged premises, the town shall not be liable to pay any deficiency remaining unpaid, after applying the proceeds of the sale to the payment of the debt secured by the mortgage, and the cost of such foreclosure.

SEC. 2. The qualified electors of said town of Norway, may make such order as may seem proper to them, at any annual town meeting of said town, or at any special meeting called for that purpose, in relation to the sale or disposition of said lands, and in relation to draining the same, not inconsistent with the provisions of this act. But nothing herein contained shall authorize said town to contract any debt for or on account of said lands, or the draining thereof, beyond the proceeds of the sale of such lands.

SEC. 3. All mortgages or conveyances executed under how executed. this act, shall be executed by the chairman of the board of supervisors and the town clerk of said town, in the name and behalf as [of] said town.

SEC. 4. This act shall take effect and be in force from and after its passage.

Approved April 2, 1860.

CHAPTER 372.

[Published April 30, 1860.]

AN ACT authorizing the town clerk of the town of Port Washington to convey real estate.

The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

SECTION 1. The village clerk and treasurer, of the vil- Books of relage of Port Washington, who were in office, as such clerk cord, &c, required to be and treasurer, on the 25th day of March, A. D. 1858, deposited with be and are hereby authorized and required to deposit all town clerk of books of records, papers, certificates of sales of lands ington. for taxes, and all other papers, whatsoever, pertaining to the village of Port Washington, with the town clerk of the town of Port Washington.

Port Wash

ington to con

SEC. 2. The town clerk of the town of Port Washing- Town clerk of ton, in the county of Ozaukee, is hereby authorized and Port Washempowered to execute and deliver, under his hand and vey lands sold seal, suitable conveyances for all lands sold for taxes or for taxes. assessments for improvements, by the treasurer of the village of Port Washington. Said conveyances to be executed in the same manner, for the same purpose, and with like force and effect, as the said treasurer was authorized to do by section fifty, of chapter 366, of the Private Laws of the State of Wisconsin, for the year A, D. 1857.

SEC. 3. In all cases before any lands shall be convey- Lands to be ed, as provided in section two of this act, the said town advertised before conveyed. clerk shall cause to be advertised a correct description of the lots and parcels of land which have been sold for the non-payment of taxes, and which remain unredeemed for six weeks, in some newspaper published in the village of Port Washington, stating that all such lots or parcels of land will be forfeited, if the taxes, interest and charges upon the same are not paid, on or before the expiration of the publication of said advertisement.

conveyance.

SEC. 4. All lots or parcels of land which shall be ad- Fees for advertised for the forfeiture of the same, shall be subject to vertising and a charge of ten cents for each lot or parcel advertised, and one dollar for each conveyance executed in accordance with the provisions of this act, to be paid to said town clerk, by the person to whom the conveyance shall be made.

SEC. 5. This act shall take effect from and after its passage and publication. Approved April 2, 1860.

CHAPTER 373.

[Published May 1, 1880.]

AN ACT to authorize commissioners to vacate a certain territorial road in the county of Waukesha. .

The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

Description of SECTION 1. Andrew Atkin, M. Cellars, and William road vacated. Werden, are hereby appointed commissioners to vacate such part of the territorial road herein described: " commencing at the east bank of Fox river, on the line between sections four and nine, town six north, of range nineteen east; thence running east on section line between sections four and nine to section stake; thence east on section line between sections three and ten, eighty-five rods, and to the east line of lands owned by the State as a site for the State Reformed [Reform] School.

Vacation to be recorded.

SEC. 2. The said commissioners shall make return of their acts to the town clerk of said town, who shall record the same, and when so recorded, said road shall be and remain, to all intents and purposes, vacated.

SEC. 3. This act shall be in force from and after its passage.

Approved April 2, 1860.

CHAPTER 374.

[Published April 30, 1860.

AN ACT to authorize the Governor of the State of Wisconsin to seize certain land on Green Island, for the use of the State.

The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

seized.

SECTION 1. The Governor of the State of Wisconsin Land authoris hereby authorized and empowered to seize and take ized to be possession of, for the use of said State, any land not ex-' ceeding two acres, situate on the south-west corner of Green Island, in Green Bay, in this State, for the purpose of ceding jurisdiction thereof to the United States for the erection and maintenance of a light-house thereon.

SEC. 2. The Governor shall appoint three commission- Commissioners, whose duty it shall be to enter upon, and take pos- ers to be ap pointed to ensession of, any land not exceeding two acres, situate on ter upon and the south-west corner of Green Island, in Green Bay, take possesWisconsin, in the name of, and for the use of, said State, sion of land, for the purpose of ceding the jurisdiction thereof to the United States, for the erection and maintenance of a light-house thereon, and to cause the same to be surveyed, and a plat thereof to be made and filed in the office of the Secretary of State.

owner or

SEC. 3. It shall be the duty of said commissioners to Land to be ap appraise the value of said land, and for that purpose praised and they shall give notice to the claimant or owners of said land, or of any interest therein, of the time and place, claimant. when and where, said claimant or owners may appear before said commissioners to have their claims and interest adjusted, and the compensation to be paid by the State, for such land, fixed and determined.

SEC. 4. The notice required to be given to said claim- Notice-how ants or owners shall be given personally to such claimants how given. as can be found within this State, at least 20 days before the meeting of said commissioners, informing them of the time and place of meeting of said commissioners, and the object thereof. And in case any of said claimants or owners cannot be found, after using due diligence for that purpose, the said commissioners shall cause such notice to be published, for four successive weeks, in one paper published at Madison, and one paper published at the city of Green Bay, Brown county, in this State.

Power commissioners.

Commission

eision.

from decision.

SEC. 4. [Sec. 5.] The said commissioners, or a majority of them, shall have full power to do all acts necessar to be done, for the purpose of carrying out the objects of this act, to hear, examine and determine of and concerning the rights, interest and title of all and any of the claimants of said lands, and also to assess the value thereof and fix the compensation to be paid by the State therefor, as fully and as effectually as if all the powers, necessary for the purposes aforesaid, were herein specifically enumerated in this act, and the decision of such commissioners shall be final and conclusive in the premises, unless the same is appealed from within twenty days after the filing thereof in the office of the clerk of the circuit court of Brown county, as hereinafter provided.

SEC. 5. [Sec. 6.] It shall be the duty of the commisers to file de- sioners, appointed under the provisions of this act, within ten days after their decision is made, to file the same in the office of the clerk of the circuit court of Brown county, together with the testimony taken in the case. Owners enti- SEC. 6. [Sec 7.] The owner or owners, or claimants tled to appeal of said land, or of any interest therein, shall be entitled to appeal from the decision of such commissioners, to the circuit court of Brown county, within twenty days from the filing of the same, as aforesaid, and such appeal shall be heard and determined, in like manner, as appeals from justices of the peace in civil actions: Provided, that the appellant or appellants shall make, and file in said court, at the time of such appeal, an oath or affirmation, that injustice has been done them, by such decision; and Provided, they execute and file with the clerk of the circuit court, aforesaid, an undertaking, with sufficient sureties, to be approved by the circuit or county judge, for the payment of all costs and disbursements, incurred by the State, arising from such appeal, which undertaking shall be in the name of the State of Wisconsin.

Proviso.

Surety for payment of

costs.

certain cases.

Appellants to SEC. 7. [Sec. 8.] If, upon the trial of such appeal, pay costs in the appellant or appellants shall fail to recover a judgment for a sum greater than the amount awarded to them by the decision of the commissioners, aforesaid, not including interest, the said appellant or appellants shall pay all costs and disbursements arising on such appeal, and which shall be deducted from the sum awarded by the decision of the commissioners; and in case such sum is not sufficient to pay the costs and disbursements aforesaid, the Attorney General of this State is hereby au

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