special tax shall be collected, paid into, and held in the city treasury as a separate and distinct fund, to be known as the "Park and Boulevard Fund" and shall not be used or appropriated, directly or indirectly, for any other purpose than for the improvement, maintenance, and control of the public parks and boulevards, and for the payment of the salaries of the employees and other proper expenses of said board.

SECTION 7. All moneys received or raised in the city of Milwaukee for parks and boulevards, under the control of said park commissioners, shall be paid over to the city treasurer, and shall be disbursed according to resolution of the board of park commissioners authorizing the payment of bills and accounts after the same have been audited and ordered by the board and orders directed to be issued therefor, which shall be signed by the president and secretary of said board; but before the city treasurer pays such orders the resolution of the board, and the accounts and bills shall be presented to the comptroller and audited by him, and thereupon the order shall be countersigned by him. Such orders shall be made payable to the order of the persons in whose favor they shall have been issued, and shall be the only vouchers of the said treasurer for his payment from the park fund. All moneys heretofore paid into the city treasury for park or boulevard purposes, and not used for the purchase of real property, shall be credited to the park and boulevard fund hereby created, and shall be disbursed upon the orders of the president and secretary of the board of park commissioners as herein provided. It shall not be lawful for the board of park commissioners to expend or contract a liability for any sum in excess of the amount levied in any one year for the park fund on account of such fund.

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Park and boulevard fund, how disbursed.

to purchase and lease of lands.

SECTION 8. Said board of park commissioners is hereby Powers of board as authorized to contract for the purchase of lands within the county of Milwaukee for the city of Milwaukee, for park or boulevard purposes, and to lease lands therein for such purposes with the privilege of purchasing the same, but no such lease or purchase shall be made until the same shall have been ordered by the common council of said city, by resolution adopted by an affirmative vote of a majority of the aldermen elect, specifying the land to be purchased, the maxin.um price to be paid therefor and the terms of payment, or the terms of option in case of lease by the city with the privilege of purchasing. Any such purchase may be made in whole or part on credit; and for that purpose the proper officers of said city may execute and deliver to the vendor of such land, or property purchased, an instrument creating a lien thereon and on the improvements thereon, for such purchase money, without creating any corporate liabilities therefor, to secure the whole or any part of the price in one payment, or by installments extending not more than twenty years from the date of such purchase, which installments may bear interest at such rates as shall be agreed on, not exceeding seven per centum per annum. The interest upon, and annual installments of such purchase, heretofore or hereafter made, shall be included by the common council in its annual estimate of expenses.

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Shall purchase land.

Provide for payment.

CHAPTER 231, LAWS OF 1889.

SECTION 1. It is hereby made the duty of the common council of the city of Milwaukee and the officers of said city, immediately upon the passage and publication of this act, to acquire by dedication, purchase or condemnation, the fee simple of a strip of land extending from the intersection of Eleventh avenue with Pierce street in said city, in a northerly direction to the intersection of Sixteenth and Fowler streets in said city, and to be seventy feet wide and of uniform width. And it is hereby made the duty of the city engineer of said city, immediately upon the passage and publication of this act, to cause a survey of the same to be made, and to file said survey in the office of the board of public works of said city, and he shall also file therewith a description of the several parcels of land contained therein, and also a map or plat thereof, showing the location of the same. It is hereby made the duty of the board of public works of said city of Milwaukee, immediately upon the filing of the said plat and description of said strip of land and said survey, to ascertain if the same or any part thereof can be acquired from the owners thereof, by dedication without compensation and to report thereon to the common council without delay, and it is made the further duty of said board of public works to thereupon enter into negotiations with the several owners of the lands to be acquired, for the purchase of the fee simple thereof, and the said board is hereby authorized and empowered to purchase without any delay, from the owners thereof, the fee simple of all the lands described in said survey, which cannot be acquired by gift, and to issue bills therefor against the city of Milwaukee, which shall be paid as are other claims against said city, out of the general city fund thereof. And it is hereby made the duty of the common council and the proper city officers to provide for the payment of the amounts necessary for such purpose and agreed upon by the said board of public works. It is hereby made the duty of the said board of public works, within sixty days after the filing of said survey and plat, to report to the common council a list of all the lands set off in said survey and plat, which they have been unable to purchase or acquire by gift. And the common council shall thereupon proceed to acquire the fee of the several parcels described in the return of the said board of public works, by condemnation, and shall proceed in that behalf as provided in the charter of said city for the taking of lands for the public use, without petition, excepting that such proceedings shall be to acquire the fee simple of said parcels of land and not the use thereof. And further provided, that there shall be no assessment of benefits, and that the award of damages in all cases shall be paid out of the general city fund. And further provided, that whenever the common council shall have confirmed the assessment of damages in said condemnation proceeding and shall have advertised for six days in the official newspapers of said city, that the amount of damages awarded to the owners of said lands respectively has been provided in the hands of the city treasurer, and is ready to be paid over to such several owners, the said city of Milwaukee shall have full power and authority to enter upon and appropriate the prop

erty so taken and condemned, and the same shall thereafter be subject to the provisions of this act and to all the laws and ordinances of the city of Milwaukee applicable thereto. And further provided, that if any person shall appeal from said assessment of damages in the manner provided by said charter, that such appeal shall not prevent the city of Milwaukee from entering upon possession of said lands as hereinbefore provided, and the owners of said lands so appealing may receive and accept the amount so awarded to them without any prejudice whatever to said appeal, and if a greater sum than the amount awarded shall be recovered in any case, the same with costs shall be paid out of the general city fund of said city as other judgments against the said city are paid. In all other respects said proceedings shall be governed by the provisions of said charter relating to the taking of lands for public use.

SECTION 2. The said city of Milwaukee is authorized and empowered to use the lands so acquired for all public purposes of whatever kind, and may construct, erect and maintain thereon any public bridge or bridges, viaducts, abutments, piers or other thing, and to improve the same or any portion thereof as a public street or walk, and to construct therein any sewer, watermain, and for all other public purposes or uses, as the common council of said city of Milwaukee may, from time to time, prescribe.

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Empowered to improve such

land.

SECTION 3. All acts and parts of acts in conflict with the pro- Repealed. visions of this act are hereby modified, superseded or repealed to the extent that the true meaning of this act may be carried into effect.

CHAPTER 166, LAWS OF 1893.

AN ACT to amend section 18, of Chapter 392, of the laws of Wisconsin for the year 1856, entitled "An act to incorporate the Milwaukee and Northern Plank Road Company."

SECTION 1. Section 18, of Chapter 392, of the laws of Wisconsin for the year 1856, is hereby amended by striking out all of said section after the word figures "Section 18," and inserting in lieu thereof the following: In case of an extension of the corporate limits of the city of Milwaukee beyond such points and places where toll gates are erected, in such cases toll gates are to be removed beyond the limits of the city of Milwaukee, the distance of one-half of one mile, and in case said company fails and neglects to remove such toll gates, such toll gates shall be thrown open upon complaint by any person being made in writing,in manner provided by sections 19 and 20, of this chapter, and remain open until such removal.

When corporate limits extended, toll gates to be removed.

CHAPTER 192, LAWS OF 1893.

AN ACT to amend Section 1780 of the Revised Statutes, as amended by Chapter 211, of the laws of 1879, relating to electric light companies.

SECTION 1. Section 1780, of the Revised Statutes, as amended by Chapter 211, of the laws of 1879, is hereby amended by adding

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Electric light corporations may use streets and alleys, when.

thereto as follows, to-wit: Any corporation heretofore or hereafter organized for the purpose of furnishing heat, light, power or signals by electricity, is hereby authorized, with the consent of, and in the manner agreed upon with the proper authorities of any city or village, to use any street, alley, lane, park or public grounds for constructing and maintaining and operating its lines with all necessary wires, conduits and appurtenances for the purpose of supplying light, heat, power or signals to such city or village, or to any building, manufactory, industry or public or private house therein; provided, no permanent injury shall be done to such street, alley, lane, park or public grounds. The provisions of this section shall apply to any corporation heretofore organized and now operating an electric light plant by the consent of the authorities of any city or village.

Court may appoint jurors to fill vacancies.

When any juror absent, those present may adjourn for not over twenty days.

CHAPTER 198, LAWS OF 1895.

AN ACT to provide for the appointment of jurors to be sworn and serve as a jury to view lands in cities operating under special charters.

SECTION 1. Whenever in any city incorporated by and operating under a special charter granted by the Legislature of this state, the requisite number of jurors shall have been summoned to appear before any court or judge, to be sworn and serve as a jury to view lands for the purpose of determining the necessity of taking any lands for public use, or vacating any highways, streets, alleys or public walks, and shall have appeared before said court or judge for the purpose of taking an oath or affirmation in the matter of such taking or vacating, and any of the jurors summoned shall fail to attend or shall be excused by the court or judge, the court or judge shall thereupon forthwith name and appoint the requisite number of other duly qualified jurors to serve upon said jury in the place of such jurors so excused, or failing to attend. Any juror so named and appointed may be examined by any person interested in such taking or vacating, who shall be present, and if it shall appear to the court or judge that any such juror or jurors are disqualified to act in the matter, he or they shall be excused, and a requisite number of other jurors shall be thereupon named and appointed in his place until the requisite number of jurors shall be obtained, and the said jurors shall thereupon before they proceed to view the premises proposed to be taken or vacated, severally take and subscribe an oath or affirmation before the court or judge to the effect that they will faithfully and honestly discharge the duties imposed upon them, and determine whether or not it is necessary to take or vacate the premises in question for the public use.

SECTION 2. Whenever such jurors shall have met in any duly authorized manner for the purpose of hearing persons interested in such taking or vacating, and any such juror or jurors shall be absent at the time set for such hearing and for one hour thereafter, the jurors present shall have power to publicly adjourn their proceedings to the same place for a period not exceeding twenty days, and the city attorney shall report the names of such absent juror or

jurors to the chief of police or to any of the police officers of the city, together with the place and the hour to which such jury has adjourned, and the said chief of police or police officer shall thereupon notify said absent juror or jurors of such adjournment and direct them to be present at the time and place fixed by such adjournment.

SECTION 3. All acts and parts of acts inconsistent with this act, are repealed, in so far as they interfere with this act and no further.

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Police officer to notify absent juror of such adjournment.

CHAPTER 142, LAWS OF 1895.

AN ACT to amend section 12, of chapter 307, of the laws of 1889, entitled "An act to authorize towns, villages and cities to acquire the title to toll roads."

SECTION 1. Amend section 12, of chapter 307, of the laws of 1889, by adding thereto the following: "Provided, the sale by any toll road company of any portion of its toll road lying within the corporate limits of any city or village shall not affect its charter rights," so that said section, when so amended, shall read as follows: Section 12. Any city or village in this state may acquire the title to that part of a toll road lying within its limits, for the purpose of making the same a public highway, by purchase, or by taking the same by condemnation proceedings in the same manner that each may be authorized to take land of private parties for the purpose of laying out a street; provided, the sale by any toll road company of any portion of its toll road lying within the corporate limits of any city or village shall not affect the charter rights of such toll road company.

CHAPTER VII.

CITY IMPROVEMENTS AND SPECIAL ASSESSMENTS.

SECTION 1. The board of public works of said city shall, with the concurrence of a majority of the aldermen of the several wards, by the first of May of each year or as soon as practicable thereafter, determine for each ward upon a general system of improvements for the year ensuing, and report the same to the common council, mentioning in said report the most necessary improvements first, and the others in the order of their necessity; and after the same shall have been approved by the common council, the said system shall be carried out, and not materially deviated from except in case of necessity.

Special assessments are distinguished from other impositions in being special taxes levied upon lots to pay for their improvement, with reference to the special benefits they derive therefrom.

Hale vs. Kenosha, 29 Wis., 599.