tax deed shall include the whole tract specified in any mortgage to assign to the holder under the tax deed, all right, title, and interest of the territory to such mortgagee. If said tax deed shall not include the whole tract specified in any mortgage, but shall include a part thereof, the said register and receiver shall be authorized and required to assign to such holder all the interest of the territory to so much of the land as may be included in such tax deed, having first received from such holder the amount pro rata upon the land included in the deed; such assignment shall be under the hands and seals of the register and receiver, shall be executed in duplicate,one of which assignments shall be deposited in the office of the register and shall set forth the amount paid by the assignee, with an endorsement thereon of the amount of costs for issuing and executing such assignments. SEC. 4. That any person or persons becoming the assignee. Duty of perof any mortgage or interest in any mortgage as provided for sons becom in this act, shall, within three months thereafter, cause such ing assignees. assignment with a statement of the amount of principal and interest due upon the tax certificate or certificates at the time of issuing the deed, the costs of such deed, and the amount of each tax subsequently paid; which several amounts, or so much thereof as shall be established by legal proof, together with the amount paid upon such mortgage, as certified by the register and receiver, in any suit to test the validity of such tax deed or the title of said land, shall be a lien upou such land, and shall be paid before any writ of restitution shall issue against the holder under the tax title. SEC. 5. The register and receiver shall each be entitled 10 receive the sum of one dollar for each assignment and Compensa. duplicate issued under this act, and such other compensation tion of regis for the duties required under this act as may hereafter be determined by the legislature of the Territory or State of Wis-. consin.. ter and receiver SEC. G. It shall be the duty of the register of canal lands Register to to provide convenient record books and to transcribe therein procure reethe registry of all lands sold under the provisions of the ord books. several acts providing for the sale of the canal lands, in a સud treasur convenient form, and shall prepare an index thereto; and said register shall, within ten days after the first Monday in January next, deposite in the office of the secretary of the State of Wisconsin, in case such officer shall be elected and qualified, all books, plats, mortgages, records, and documents belonging to his office, together with a statement showing the description and quality of the unsold lands in this act mentioned; and the receiver of said lands shall, within the same time pay to the treasurer of Wisconsin all moneys in his hands which shall have accrued from the sale of said lands, and deliver to the said treasurer all books and vouchers belonging to the public department of his office. SEC. 7. The secretary of State and the treasurer of Duties of sec- Wisconsin shall, from and after the delivery of the books retary of state and documents as provided for in the next preceding section, do and perform all acts and duties required of the register and receiver in relation to the said lands until otherwise directed by law. er. Doty of secretary of state Proviso. SEC. 8. It shall be the duty of the secretary of the state of Wisconsin as soon as may be after the receipt of any mortgage on which any part of the purchase money of said lands shall be due, to transmit to the prosecuting attorney of the counties of Milwaukee, Waukesha, and Jefferson any mortgage or mortgages upon any lands in said counties respectively, who shall proceed to foreclose the same and collect the amount due thereon without delay: Provided, That in any sale that may be made in pursuance of any decree, none of said lands shall be sold at a less price than sufficient to pay the amount due to the Territory, with interests and all costs and fees incident to procuring the decree and effecting such sale. AN ACT To amend an act to incorporate the village of Be it enacted by the Council and House of Representatives of the Territory of Wisconsin: Powers of SECTION 1. The president and trustees of the village of Madison shall have power to open streets, alleys, and public walks heretofore laid out in said village, and also to lay president and out, open, or widen streets, alleys, and public walks, and to trustees. vacate such streets, alleys, or public walks within said village as to them shall seem to be of no public utility, and in case of laying out or widening any such street, alley, or public walk, shall pay to the owner or owners of any land or lots through which any such street, alley, or public walk so laid out or widened by them shall pass, adequate compensation. for any damages which may be sustained in consequence. SEC. 2. Such damages shall be ascertained by six freehold electors of the said village, to be summoned by the Damages how president of said village for that purpose. After they shall ascertained, have been selected by said president and the party claiming damages in the same manner as jurors before justices of the peace in civil cases are selected, and after being selected and summoned as aforesaid, they shall be sworn by the said president truly to estimate upon actual view such damage; they shall take into consideration the benefit, if any, as well as the damage from the laying out or widening of such street, alley, or public walk, to such party claiming damage, and the persons so selected, summoned, and sworn shall proceed forthwith to the discharge of their duty in the premises, and make report in writing over their several signatures to said president within twenty-four hours, which report shall be binding upon the corporation and the party claiming such damages. legt tax. LAWS OF WISCONSIN. SEC. 3. The president and trustees of said village are Authority to hereby authorized and empowered to levy and collect in adlevy and col-dition to the next village tax that may be laid by them. such tax as may be necessary to pay any debt which school district number one in said village may owe at the time of levying such tax; and it, is hereby made the duty of the clerks of said village in making out the next tax list of said village to enter such additional tax for school and school house purposes in a separate-column therein; and said additional tax shall be collected with and in the same manner as said village tax in said list. Election of. March 6 not, invalid. President pro tem may be SEC. 4. That the election of village officers for said vil lage on the 6th of March inst. shall not be invalid by reason of notice of said election not [having] been given as required in, the third section of the act entitled "An act to incorporate the village of Madison" and so much of said section 3, as requires twenty day's notice of an election to be given, is hereby repealed.. SEC. 5. It shall be lawful for the trustees of said village appointed. at any meeting of a majority of said trustees, in the absence of, the president, to appoint, a president pro. tem, to preside at such meeting. SEC. 6. That so much of the recorded plat of the village Part of plat of village of Co. of Columbus, in the county of Columbia, as is included in lumbus vaca blocks numbered three, four, and nine, and also the street called "Madison street," be, and the same are hereby vaca ted. ted. TIMOTHY BURNS, Speaker of the House of Representatives. HORATIO N. WELLS, President of the Council. APPROVED, March 11, 1848. HENRY DODGE. AN ACT To incorporate the Milwaukee and Rock River Be it enacted by the Council and House of Representatives of the Territory of Wisconsin: crs appointed. SECTION 1. Paroclite Potter, James H. Rogers, Ja- Commissioncob L. Bean, Andrew Proudfit, L. A. Cole, Walter H. Bisby, Philander Peck, David J. Powers, Squire S. Chase, William T. Ward, Daniel Wells, Curtis Reed, Winchel D. Bacon, Charles Hart, Joseph W. Bracket, Levi Blossom, Milo Jones, Harvey Burchard, Charles Hart, Silas M. Brown, George D. Dousman, and Davenport Rood, and such other persons as shall associate with them, and become stockholders pursuant to the provisions of this act, shall be and hereby are created and made a body corporate and politic, in fact and in name, by the name of "The President and Directors of the Milwaukee and Rock River Plank Road Company," and by that poration. name they and their successors shall have perpetual succession, and shall be capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all courts and places whatsoever, in all matters appertaining to said company. Name and style of cor. SEC. 2 The said company shall have power to construct a plank road from the city of Milwaukee to Watertown, by Power of eorporation. the villages of Waukesha, Delafield, and Summit, and also from the village of Waukesha to Rock River, by the villages of Genessee, Palmyra, and Whitewater, with a connecting track to the villages of Jefferson and Fort Atkinson and the route of said road between the points above named shall be determined by the directors of said company when elected by the stockholders and duly organized, and they shall have power in their discretion to construct said plank road along |