county treasury, for each day he shall be actually engaged in the examination of any person upon a criminal charge, or engaged upon any other matter, not appertaining to probate business, compensation for which is not otherwise provided.

Conflicting laws repealed. SECTION 2. All acts or parts of acts contravening or conflicting with the provisions of this act, are hereby repealed.

SECTION 3. This act shall take effect and be in force from and after its passage and publication. Approved March 31, 1903.

No. 538, A.]

[ Published April 1, 1903.

CHAPTER · 46.

AN ACT to authorize cities of the first class to establish building lines along boulevards and pleasure ways, to condemn and cause to be removed and to prevent the erection of buildings and structures within such lines.

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

Common council may establish building lines; survey by city engineer. SECTION 1. Whenever the common council of any city of the first class, as classified by the statutes of 1898. shall by resolution decide that the establishment of building lines or the taking of the owner's right to build on any specified portion of his realty is necessary for the public use, such common council may establish building lines along and parallel with the street lines of any street or part of street or streets which has been or may be declared to be a boulevard or pleasure-way pursuant to law; such common council shall by further resolution fix the distance from the street lines at which such building lines shall be located and shall instruct the city engineer to make a survey and plat showing the location of the street lines and the buliding lines with reference to each other; the city engineer shall make such survey and plat and report the same to the common council and shall also further report

whether any building or other structure or obstruction is situate. between the street lines and the building lines and give a particular description of the same and shall show the location thereof upon such plat.

Jury trial to be had. SECTION 2. Upon the coming in of the report and plat of the city engineer the common council shall direct by resolution that a jury be impaneled in the same manner now provided by law for impaneling juries in cases of laying out streets, to decide whether the establishment of the building line or the taking of the owner's right to build on the specified portion of his realty is necessary for the public use, and the same proceedings shall be had thereon, as are provided. by law for laying out streets in such city.

SECTION 3.

Board of public works to make an assessment. If the jury shall decide and report that the establishment of building lines or the taking of the owner's right to build on the specified portion of his realty is necessary for the public use, then the board of public works shall make an assessment of all benefits and damages that shall be caused by establishing such building lines, and the same proceedings shall be had in that behalf as are now prescribed by law for the assessment of benefits and damages in cases of proceedings to lay out streets within such city.

Persons aggrieved may appeal. SECTION 4. Any person aggrieved by the assessment of the board of public works may appeal therefrom in the same manner as in cases of proceedings for the laying out of streets in said city.

SECTION 5.

Damages and benefits, how paid and collected. All damages in cases of damages assessed and awarded by the board of public works, shall be paid and all benefits assessed shall be collected in the manner provided by law in cases of laying out streets in said city.

District to be established. SECTION 6. In making assessments of benefits caused by laying out and establishing building lines in any case the board of public works shall before proceeding to make the assessment establish the district in which the property shall be benefited or injured by the establishment of such building lines.

Structures or obstructions may be removed. SECTION 7. Whenever any building line shall have been established and

damages assessed as herein provided, if any building or other structure or obstruction shall be situate between the building line and the street lines, the board of public works shall cause the same to be removed in the same manner prescribed by law for the removal of buildings or other obstructions in the opening of streets.

Buildings between lines unlawful. SECTION 8. After buildbuilding lines have been established in any case as herein provided, it shall be unlawful for any person to erect any building, structure or other obstruction between such building lines and the street lines and if any person shall attempt so to do he may be prevented and restrained by the mayor, chief of police or board of public works of such city, or at the suit of any taxpayer of such city.

Conflicting laws repealed. SECTION 9. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

SECTION 10. This act shall take effect and be in force from and after its passage and publication.

Approved March 31, 1903.

No. 429, A.]

[Published April 1, 1903.

CHAPTER 47.

AN ACT to repeal chapter 180, private and local laws of 1866, and chapter 235, local laws of 1883, relating to abstract of tax sales in Shawano county.

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

Laws repealed. SECTION 1. Chapter 180, private and local laws of 1866, and chapter 235 of the laws of 1883, statutes of Wisconsin, are hereby repealed.

SECTION 2. This act shall take effect from and after the first Monday of January, 1905.

Approved March 31, 1903.

No. 407, A.]

[Published April 1, 1903.

CHAPTER 48.

AN ACT to amend chapter 357 of the laws of 1891, entitled "An act conferring additional jurisdiction on the county court of Portage county."

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

Jurisdiction of judge; temporary substitute. SECTION 1. Section 1 of chapter 357 of the laws of 1891 is hereby amended by adding at the end of said section the follows: "Provided that upon presentation to the mayor of the said city of Stevens Point of an affidavit made by the city attorney or by the chief of police, or any policeman, of the said city, setting forth that the judge of the said county court, by reason of sickness, absence or temporary disability is unable to act, the said mayor shall by an endorsement in writing on said affidavit, designate and appoint one of the justices of the peace of the said city to hear, try and determine all actions arising under the charter and ordinances of said city. Upon the filing of such affidavit with him, the said justice so designated shall have jurisdiction to hear, try and determine all such actions during such sickness, absence or disability of said judge of said county court. Such justice shall make his report, and pay over all fines collected by him, in the manner provided by the charter and ordinances of the said city of Stevens Point," so that said section when so amended shall read as follows: "Section 1. There is hereby conferred upon the county court of Portage county, jurisdiction as follows: The county court of the county of Portage shall have cognizance of, and jurisdiction to hear, try and determine all actions and proceedings at law, wherein the amount of debt, damages, penalty, or forfeiture shall not exceed the sum of five hundred dollars; actions to recover the possession of personal property with damages for the unlawful taking or detention thereof, wherein the value of the property claimed shall not exceed the sum of five hundred dollars, and all charges for offenses arising within said county, and which are not punishable by commitment to the state prison; and the judge of said county court shall have power to sentence and Commit all persons convicted of any offense of which said court has jurisdiction. Said court shall have power and jurisdic

tion throughout said county to cause to come before it persons who are charged with any criminal offense, and commit them to jail or bind them over to circuit court as the case may require. The judge of said court shall further have all the jurisdiction, authority, powers and rights given by law to justices of the peace, and shall be subject to the same prohibitions and penalties as justices of the peace. The said court shall also have exclusive jurisdiction of all offenses and actions arising under the charter of the city of Stevens Point, and the ordinances, rules and by-laws of said city. And all of the provisions of the charter of the city of Stevens Point relating to the practice and procedure in actions arising under the said charter, ordinances, rules and by-laws of said city, are hereby made applicable to the said county court and judge thereof in the trial of all said actions; and for these purposes, the city of Stevens Point and the county of Portage are hereby made and declared to be a municipality. Provided that upon presentation to the mayor of the said city of Stevens Point of an affidavit made by the city attorney or by the chief of police or any policeman of the said city, setting forth that the judge of the said county, by reason of sickness, absence or temporary disability is unable to act, the said mayor shall by an endorsement in writing on said affidavit, designate and appoint one of the justices of the peace of the said city to hear, try and determine all actions arising under the charter and ordinances of said city. Upon the filing of such affidavit with him, the said justice so designated shall have jurisdiction to hear, try and determine all such actions during such sickness, absence or disability of said judge of said county court. Such justice shall make his report, and pay over all fines collected by him, in the manner provided by the charter and ordinances of the said city of Stevens Point.

SECTION 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

SECTION 3. This act shall take effect and be in force from and after its passage and publication.

Approved March 31, 1903.