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was sold, a copy of which record of sales, together with full statement of the receipts and applications of all moneys which may come into their possession as such rustees, shall be filed in the office of the secretary of state, on the first day of December in each year. Said rustees shall also, as early as practicable, attach to said leed of trust a list of all the lands embraced therein.

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SEC. 6. The trustees shall not at any time during the Amount to be construction of said works of improvement, sell or dis sold. pose of any lands, or water powers, to an amount exceedSng the sum which shall then have actually been expendd upon the said works, and in the payment of interest nd principal of said state indebtedness; but may, at the request of said company, sell as the work progresses, so s to meet expenditures actually made on the works of mprovement and in the payment of said state indebtedless, as far as the receipts from said sales may go towards heir liquidation; and all lands remaining unsold at the xpiration of ten years after the completion of said works improvement, shall be offered at public sale annually ntil the whole are disposed of, and the avails applied to the payment of the outstanding bonds of said company as foresaid; or if no such bonds be outstanding, such avails hall be paid to said company.

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of land taken

SEC. 7. Copies of the lists of lands required by section Certified ve of this act to be filed in the offices of the secretary of copies of list tate and the registers of deeds of the several counties, as evidence. hall, when certified to be correct by said officers respectvely, under their official seals, be received in any court of this state, as evidence that such lands are the lands ranted to the state by said acts and resolutions of Conress in aid of the improvement of the Fox and Wiconsin

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SEC. 8. The trustees contemplated in this act, shall be Trustees apppointed by the governor of this state, with the approval pointed by the nd assent of said company, by a vote of the directors

hereof, and any trustee so appointed may be removed by e governor, with the assent and approval of said comany, expressed as aforesaid. In case of a vacancy causby the death, resignation, removal, or refusal to serve other disability, of any trustee, such vacancy shall be led by appointment in like manner as above. One of e said trustees shall always be a resident of this state. he acts of a majority of said trustees shall have the same fect as if done by all of them, and they shall have power

governor, &c.

Compensation

of officers.

When the company shall have completed the works,

&c.

How con strued.

Contracts, &c,

When this act

to appoint such agents, to make contracts and conveyances, and do other acts in their stead as may be necessary to carry out the objects of this act.

SEC 9. The compensation of the trustees appointed under this act, and of all officers and agents of said trustees, or of said company, and all other expenses of the execution of said trust, and of all other purposes of this act shall be at the cost and charge of said company, without charge of any kind upon the treasury of this state.

SEC. 10. Whenever said company shall have completed the works contemplated in this act, shall have paid all the unpaid evidences of indebtedness issued by the state on account of said improvement, and the interest thereon, and shall have secured the titles of the even sections to the purchasers thereof as herein before provided, then the trustees shall hold the said lands, and the right to sell the said works and franchises of the said company, for the benefit of the other specified trusts; and when all the purposes of this act are accomplished, and not before, the said trustees shall convey to the said company the interest of the state in the said lands, work, and other property herein mentioned. The certificate of the governor of this state that any of the purposes of this act are fully accomplished, shall be evidence thereof, to the said trustees, for the objects of this section.

SEO. 11. Nothing contained in this act shall be construed to release or discharge the bonds given by the first members of said company to the state under section two of their act of incorporation; but said bonds, and the provisions of said act of incorporation shall as far as consistent with this act, be held and continued in force for all purposes expressed therein, except only the condition to complete the works of improvement within the time and according to the terms stated in said bonds. Nor shall this act be construed as an acknowledgement on the part of the state that any of the evidences of indebtedness herein referred to, are a just and valid charge against the state treasury. Nor shall the state be liable for any acts or obligations of said company.

SEC. 12. The president, vice president. or other officer of said company may execute contracts, agreements, or conveyances which may be authorized by resolutions or by-laws of the board of directors or company.

SEO. 13. This act and all grants herein contained, shall becomes void, cease and be void unless accepted by said company with

in ninety days after the passage of this act; and immediately on such acceptance, expressed by a resolution of the board of directors of said company, a copy of which, certified under the seal of the company, by their secretary, shall be filed in the office of the secretary of state; the said deed of trust shall be made as above provided. In case, however, said company shall fail to assent to the provisions of this act, to file said certified copy of their said resolution, or to make the said deed of trust within ninety days after the passage of this act, then this act shall cease to be of force; and it shall be the duty of the governor to select or cause to be selected, the land to which the state become entitled under the resolution of Congress above referred to, approved March 3d, 1855, and to file a list thereof in the office of the secretary of state; and the said company is hereby prohibited in such case from selling or disposing of said last mentioned lands, or any part thereof, or exercising any authority or control over the same.

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SEC. 14. For the security of the titles of those portions To secure titles of the even or reserved sections of the Fox river grants, which have been sold by said company to the settlers thereon, the first bonds of said company issued in conform ity with the provisions of the 3d section of this act, to the amount of $150,000, shall be deposited with the governor of this state, within three months after the passage of this act, as a pledge for the security of the titles of such settlers; and upon securing said titles, said bonds shall be redelivered to said company.

SEC. 15. The provisions of the revised statutes relating Public act. to trusts, trustees and trust estates shall not be applied to the trusts herein provided for, but this act shall be deemed a public act, and shall be favorably construed for all purposes therein expresed and declared, in all courts and places whatsoever, and shall be in force from and after its passage.

Approved October 3, 1856.

Commission

claim of A. Proudfit.

CHAPTER 113.

Published October 4.

An Act to provide for determining and finally settling and paying the claim of Andrew Proudfit, for work done, materials furnished, and for damages arising or growing out of his contract with the commissioners of the Wisconsin State Lunatic Assylum, entered into on the sixteenth day of November, 1854.

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

SECTION 1. Timothy O. Howe, Frederick S. Lovell, and to determine Wm. Pitt Lynde, are hereby appointed commissioners and authorized and directed to hear and determine the claims of Andrew Proudfit, for work, labor and service done and performed, and materials furnished by him, under his contract with David S. Vittum, Alden S. Sanburn and Sam. G. Bugh, commissioners appointed under an act approved March 30th, 1854, entitled "an act to provide for a state lunatic assylum," for the building of a state lunatic assylum, bearing date on the 16th day of November, 1854, and also to examine, hear and determine his claim for damages growing out of the repeal of the law authorizing the said commissioners to enter into such contract, and the suspension of the work under such contract, by the state, under and by the act approved March 29, 1855, and that said commissioners award such sum to said Proudfit for such work and damages as shall be just and equitable.

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Time of meeting.

SEC. 2. The said commissioners shall appoint such time at the city of Madison, between this and the first day of December next, as to them shall be convenient, to meet and hear the proofs and allegations of the said Proudfit, and the proofs and allegations on the part of the state, and shall have power to subpoena and examine witnesses on either side, and for that purpose are authorized to administer oaths, and may, for good cause shown by either party, adjourn the hearing, from time to time, as the ends of justice may require, and after hearing the proofs and Award final. allegations on both sides, the decision or award of said referees or a majority of them, to be made in writing, and

filed in the office of the secretary of state, shall be final and conclusive on the state as well as the said Proudfit.

SEO. 3. It shall be the duty of the attorney general or Governor to of such other counsel as the governor may select and ap- employ counpoint for that purpose (which he is hereby authorized to select and appoint) to conduct said hearing upon the part

of the state

sel.

SEO. 4. The said commissioners shall give the attorney Notice to par general or such other counsel as the governor may select ties of time of meeting. and appoint, and the said Proudfit, at least thirty days notice of the time and place appointed by them for the hearing of said matters, and difference, in the first section of this act, mentioned.

SEC. 5. Nothing in this act contained, shall be under- Act-how stood or construed to be an affirmance or admission of the construed. legality of the said contract or the liability of the state upon such contract, either for work done or damages sustained by reason of the suspension of work under such contract, but the only and true object and intent and meaning, being to adopt a plan and create a tribunal to finally settle the liabilities of the state (if any) to said Proudfit upon said contract, and the right and extent of the claim of said Proudfit, for damages for the work done and the suspension of the work under such contract, by the act of March 30th, 1855, and for that purpose the referees are invested with full power and authority to hear the whole case and decide the same upon the merits according to the established principles of law and equity. SEC. 6. The governor and secretary of state are hereby Compensation empowered to allow said commissioners such compensa ofcommissiontion for their services under this act as shall be just and ers. reasonable, and one half of said sum so fixed shall be paid by the secretary of state's draft upon the treasurer, and the other half by said Proudfit. The governor and secretary of state may require the said Proudfit to deposit with the treasurer such sum as he may deem reasonable to pay his portion of said expenses.

SEC. 7. The secretary of state is hereby authorized and On filing of required, upon the filing of the report or award of the award of comsaid commissioners in his office, duly signed and sealed missioners. by them or a majority of them, to draw his warrant upon the treasurer for the amount (if any) reported and awarded to be due from the state to said Proudfit, to be paid by the treasurer out of the general fund in his hands not

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