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CHAPTER 161.

[Published March 20, 1869.]

AN ACT to grant preemption rights upon odd numbered sections within certain railroad limits in the counties of Pierce, St Croix, Polk, Burnett, Barron, Douglas, Ashland and La Pointe.

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

SECTION 1. Any resident of the state of Wisconsin, Who may prebeing a married man or head of a family, or single man empt lands. over the age of twenty-one years, and who is a citizen of the United States or who may have declared his intentions to become such, conformably to the laws of the United States, who may have resided upon or may have had bona fide improvements to the value of one hundred dollars on the first day of March, 1869, upon any of the odd numbered sections heretofore granted to the state of Wisconsin by the several acts of congress to aid in the construction of railroads therein, from Madison and Columbus, via Portage City to Lake St. Croix or river between townships twenty-five and thirty-one, and thence to the west end of Lake Superior and Bayfield, prior to the completion of each consecutive line of railroad on either or any of said lines of railroad, in either or any of the counties of Pierce, St. Croix, Polk, Burnett, Barron, Ashland, Douglas and Bayfield, shall have the right to purchase any quantity of said lands not exceeding one hundred and sixty acres or fractional quarter section, according to the government survey of public lands, at the minimum price of two dollars and fifty cents per acre, whenever the railroad company or companies shall have constructed twenty miles of railroad, so as to include such lands in any or either of said counties by proving his or her occupancy of any improvements upon such land,, in the manner hereinafter provided: provided, that said land so claimed by preemption right, shall be selected in a compact form in legal subdivisions, according to the government survey; and provided, further, that no person claiming the right to occupy any of said lands

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under the provisions of this chapter, shall be allowed to take away from said lands more timber than is necessary for the use of said lands, and that every person claiming the right of preemption to any of said lands in pursuance of the provisions of this chapter shall forfeit such right of preemption if he or she shall fail to prove his or her claim, and pay for the lands so claimed within twenty days before the time of the completion of each consecutive twenty miles of either or any of said lines of railroad in any of the above mentioned counties.

SECTION 2. At any time within twenty days before the completion of each and every consecutive twenty miles of railroad as above specified, any person or persons wishing to avail themselves of the right of preemption secured by this chapter, shall prove up their rights to such preemption before the commissioners of school and university lands, by the affidavit of two or more disinterested witnesses, together with his or her own affidavit, setting forth that he or she had at the time of filing their declaratory statement for the premises therein described, made an actual settlement and im provement thereon, and that he or she (as the case may be) is not the owner of one hundred and sixty acres of land, and shall pay the sum of $2.50 per acre to the state treasurer of the state of Wisconsin, for the use and benefit of the railroad company constructing such railroad in or through either or any of said above named counties; and in case of non-compliance with the terms thereof, shall forfeit all right of preemption, and the said lands so claimed shall vest in and be disposed of by the railroad company constructing such railroad, according to law.

SECTION 3. In all cases where the person or per sons claiming the benefit of this act to any of the lands above mentioned, and proves his or her right thereto under the provisions of this act, the patent shall be issued directly to him or her, and the moneys arising from all such entries made under the provisions of this chapter, shall be paid into the state treasury of the state of Wisconsin, and upon the proper certificate of the construction of said railroad, the said moneys shall be paid over to such railroad company by the state treasurer as shall be entitled to the same.

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SECTION 4. Any person desiring to avail himself shall file deor herself of the benefits of this act is required to file a ment. declaratory statement, as is now required by law of persons claiming the right of preemption to university lands, with the secretary of state of the state of Wisconsin, on or before the first day of June, one thousand eight hundred and sixty nine, who may have been residing upon any of the above described lands on the first day of March, 1869.

SECTION 5. The provisions of this act shall only To what counapply to the counties of Pierce, St. Croix, Polk, Bur- ties apply. nett, Barron, Douglas, Ashland and Bayfield.

missioners.

SECTION 6. The commissioners of school and uni- Fees of comversity lands shall be entitled to receive the sum of one dollar and fifty cents for every declaratory statement filed under the provisions of this chapter, and the preemptor shall pay the sum of two per cent. on all moneys paid into the treasury, in addition to the price required to be paid for the land.

SECTION 7. This act shall take effect and be in force from and after its passage. Approved March 11, 1869.

CHAPTER 162.

[Published March 28, 1869.]

AN ACT to annex certain territory in the county of Dallas to the county of Burnett.

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

SECTION 1. All of the following described territory Detached and situated within the county of Dallas is hereby detached annexed. from the said county of Dallas and annexed to the county of Burnett, to-wit: All of towns number thirty-seven, of ranges numbers ten, eleven, twelve, thirteen and fourteen west.

SECTION 2. This act shall take effect and be in force from and after its publication. Approved March 11, 1869.

CHAPTER 163.

[Published March 17, 1869.]

Amended,

AN ACT to amend section 6, chapter 14 of the revised statutes, entitled" of resignations, vacancies and removals, and of supplying vacancies.

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

SECTION 1. Section six of chapter fourteen of the revised statutes is hereby amended by adding thereto the following words: "and such clerk may appeal to the circuit court for the same county from any order removing him from office, in like manner as is provided by law in case of the disallowance of an account against the county, and upon such appeal the circuit court shall proceed to review the action of said board in the premi ses, and shall render such judgment thereon as law and justice shall require: provided, that this act shall not apply to removals made before the passage of this act; and provided, further, that in every case in which the county board shall for any cause remove the clerk, and he shall take an appeal from said order of removal, he shall be disqualified from acting as such clerk of the board during the pending of said appeal in court, and it shall be the duty of the county board to appoint a clerk whose duty it shall be to act until said cause is disposed of by the court."

SECTION 2. This action [act] shall take effect and be in force from and after its passage and publication. Approved March 11, 1869.

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CHAPTER 164.

[Published March 17, 1869.]

AN ACT to amend chapter 130 of the general laws of 1868, entit-
led "
an act to provide for the assessment of property for taxa-
tion, and the levy of taxes thereon."

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

SECTION 1. Subdivision three of section two of Amended. chapter 130 of the general laws of 1868, relating to the assessment of property for taxation and the levy of taxes thereon, is hereby amended so as to read as follows : "Personal property owned by any religious, scientific, literary or benevolent association, used exclusively for the purposes of such association, and the real property necessary for the location and convenience of the buildings of such associations and embracing the same, not exceeding ten acres if not leased or otherwise used for pecuniary profits, and including parsonages, whether of local churches or districts, and whether occupied by the pastor permanently or rented for his benefit. The occasional leasing of such buildings for schools, public lectures or concerts, or the leasing of the parsonage as aforesaid, shall not render them or either of them liable to taxation."

SECTION 2. This act shall take effect and be in force from and after its passage. Approved March 11, 1869.

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