In case of nonpayment.

offer said lands and sell the same, at the capitol, at Madison, in the same manner they are required to offer other school lands.

SEC. 3. It shall be the duty of the said commissioners, whenever any of the school or university lands shall have been forfeited for the space of six months, by reason of the non-payment of principal or interest, to advertise, in some newspaper published in the county wherein such lands lie, if there be one, and if not, in such newspaper as they think proper, that such forfeited lands are subject to private entry by any person applying therefor; and the minimum price for such tracts or parcels of lands so forfeited, shall be the amount due thereon at the time of such re-sale, together with the costs of sale.

SEC. 4. So much of the revised statutes as conflicts with the provisions of this act, is hereby repealed. Approved, March 19, 1853.

Chap. 44.

How established.

How commissioners to proceed.

An Act in relation to State Roads.

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

SEC. 1. All state roads located and established hereafter within this state shall be viewed, surveyed and established and returns made thereof, agreeable to the provisions of this act, within two years from the passage of the act by which said road may be granted or authorized to be laid

out.

SEC. 2. The commissioners appointed to locate and establish any state road, shall at least twenty days before they proceed to locate the same, cause copies of the special law by which they act to be posted up in three public places in each town through which the said road may pass, or run into, which notice shall also set forth the time and place the said commissioners will meet to locate said road; may cause the same to be correctly surveyed and marked from the beginning throughout the whole distance, by setting stakes in the prairie at a reasonable distance apart, and by blazing trees in the timber.

SEC. 3. The commissioners and surveyors of each road Commission'rs to make return shall make a certified return of the survey and plat of the whole length of said road, specifying in said return, the width, depth and course of all streams, the position of all swamps and marshes, and the face of the country gene.

ally, noting where timber and where prairie, and the istance said road shall have been located in each county.

state.

SEC. 4. Said return and plat shall be signed by a ma- Return to be jority of the commissioners and the surveyor of said road, forwarded to and forwarded to the secretary of state, within sixty days secretary of after the view and survey of the same, to be by him recorded and preserved; they shall also within sixty days as aforesaid, deposit in the office of the clerk of the board of supervisors of each county through which said road shall be laid, a return and plat as aforesaid of so much of said road as shall be laid out and established in said county, to be recorded as aforesaid.

manner pre

scribed.

SEC. 5. All state roads authorized to be laid out by any Roads to be aw of this state, and not yet commenced, shall be laid out laid out in the n the manner prescribed in this act, and the commissioners shall comply with all regulations herein contained. SEC. 6. When any road shall have been located and Roads to be established agreeable to the provisions of this act, the worked. same shall be opened and worked by the counties and towns through which it shall be laid, at such time and in the same manner as other roads in this state are opened and worked.

may

Compensation

SEC. 7. The commissioners shall be entitled to such compensation for their services in laying out all state roads of commisfrom the different counties through which the roads sioners. pass, as the supervisors of said counties may deem just. SEC. 8. The board of supervisors of any town shall not.36 have the power to alter or vacate any road laid out in cate road. accordance with the provisions of this act, when the road

shall not lie wholly within such town.

SEC. 9. All acts or parts of acts conflicting with the provisions of this act are hereby repealed.

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

Approved, March 22, 1852.

Shall not va

An Act in relation to Special Terms of the Circuit Court.

The people of the State of Wisconsin, represented in Chap. 45. Senate and Assembly, do enact as follows:

SECTION 1. No special or adjourned term of any circuit court in this state, shall be held, unless a notice of the time Notice to be and place of holding the same, signed by the clerk of such given by clerk court, shall be posted on the outer door of the court

Notice to be

filed with the clerk.

house, and published at least ten days prior to the holding of the same, in some newspaper, published in the county where such term is proposed to be held. And in case any special adjourned term, of any circuit court in this state, shall be held after the pasage of this act, without giving the notice provided for in this section, as herein required, all orders, judgments and decrees, made or rendered thereat, shall be null and void.

any

SEC. 2. When due notice of the holding of a special term of circuit court, shall be given in pursuance of the provisions of this act, affidavits of the publication and posting of such notice shall be made and filed with the clerk, and entered of record on the journals of the proceedings of said court, at or before the commencement of such special term.

Approved, March 25, 1853.

Chap. 46.

An Act to amend Chapter 88, of the Revised Statutes.

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

SECTION 1. In actions of replevin, the value of the Actions of re- property, adjudged to either party, as found by the court plevin. or jury, shall be taken and considered as the amount of the judgment, in determining the right of appeal.

7 SEC. 2. In all actions and proceedings against the garnishee, when a judgment shall be rendered against the garnishee for fifteen dollars or over, exclusive of costs, either party may appeal therefrom.

Garnishee.

Chap. 47.

Approved March 25, 1853.

An Act providing for the Geological Survey of the State.

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

SECTION 1. The governor of this state is hereby auGovernor may thorized, as soon as may be after this act shall take effect, appoint geolo- to appoint a state geologist, who shall be a person of com

gist.

petent scientific and practical knowledge of the science of geology and mineralogy: And the said state geologist, shall, by and with the consent of the governor, appoint one suitable person, to assist him in the discharge of his duties, who shall be a skilful, analytical, and experimental

chemist.

SEC. 2. It shall be the duty of the said state geologist and Duties of geohis assistant, as soon as may be practicable after their ap-logist. pointment, to commence and carry on with as much expedition and despatch, as may be consistent with minuteness and accuracy, a thorough geological and mineralogical survey of this state, with a view to determine the order, succession, arrangement, relative position, dip or inclination, and comparative magnitude, of the several strata, or geological formations within this state, and to discover and examine all beds or deposits of ore, coal, clay and such mineral and earthy substances as may be useful or valuable, and to perform such other duties as may be necessary to make a full and complete geological and mineralogical survey of the state: Provided, That it shall be the duty Proviso. of said state geologist, to complete his survey of that portion of the state, known as the "Lead Mines," before commencing the survey of the remainder of the state.

SEC. 3. It shall be the duty of the said assistant, to Duties of assismake full and complete examinations, assays, analyses, of tant geologist. all such rocks, ores, soils or other substances, as may be submitted to him by the state geologist for that purpose, and to furnish him with a detailed and complete account of the results so obtained.

make annual

SEC. 4. It shall be the duty of the state geologist, on Geologist to or before the first Monday of January, in each and every report. year, during the time necessarily occupied by said survey, to make an annual report of said survey, and the progress thereof, accompanied with such maps, drawings and specimens, as may be necessary and proper, to exemplify and elucidate the same, to the governor of this state, who shall lay a copy of such report before the legislature.

memoir, &c.

SEC. 5. It shall be the duty of the said state geologist to cause to be represented on the map of the state, by Shall compile colors and other appropriate means, the various areas occupied by the different geological formations in the state, and to mark thereon the localities of the respective beds or deposits, of the various mineral substances discovered, and on the completion of the survey, to compile a memoir of the geology and mineralogy of the state, comprising a complete account of the leading subjects and discoveries, which have been embraced in the survey.

&c.

SEC. 6. It shall be the duty of the said state geologist to Specimens to forward to the Governor of this state, from time to time be deposited, during the progress of said survey, such specimens of the rocks, ores, coals, soils, fossils, and other mineral sub

propriated.

tances, discovered and examined, properly labeled, as may be proper and necessary to form a complete cabinet collection of specimens, of geology and mineralogy of the state and the said governor shall cause the same to be deposited in the cabinet of the university, there to be preserved for public inspection.

SEO. 7. For the purpose of carrying into effect the proAmount ap- visions of this act, the sum of two thousand and five hundred dollars is hereby annually appropriated, to be drawn quarterly, for the term of four years, to be expended under the direction of the governor. The salaries of the said state geologist and his assistant, shall not however, commence until they have respectively entered upon the execution of their duties: and upon the completion of said survey, and of the duties connected therewith, the same shall wholly cease and determine.

Chap. 48.

Chap. 49.

SEC. 8. This act shall be printed immediately after the passage thereof, and when so printed shall be in full force.

Approved, March 25, 1853.

An Act to appropriate a sum of money to defray the expenses of compiling the Documentary History of the State of Wisconsin.

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

SECTION 1. There is hereby appropriated to the governor of this state, the sum of four hundred dollars, out of any money in the state treasury not otherwise appropriated, out of which the governor is hereby authorized and empowered to pay to William R. Smith, from time to time, such sums as in his discretion he may think necessary and proper to defray the expenses of compiling the documentary history of Wisconsin.

SEC. 2. This act shall take effect and be in force from and after its passage.

Approved, March 29, 1853.

An Act to locate the County Seat of Chippewa County, and organize the same for judicial and county purposes.

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

SECTION 1. From and after the next annual election in