The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1864-04-28

70 any such locality, tor the purpose of fishing
in said waters with such net OF ne is as are sre.
CITED IN the preceding section, may secure the
same to him or them, and his or their assi0ns Inv
complying with the provisions OF this acf. and
not otherwise s.a 80
Sec. s. The person or persons erecting such
monument Tor the purpose contemplated by this
act. snail, within the time herein specified file
a decIaratory statement IN writing of his inten>
ton to do so, with such register and state thera
ID that they have erected such monument that
II 10 ma or their Intention, TO occupy said lecaIs
ty tor the purpose OF hshing in said waters from
sara locauty, with such net or nets under the
provisions of this act and thew shall givo .sIso
therein particular description of such rnonu-
ment, and the place where situated bv reference
TO the description of the lot of land or in front of
when The same is erected, as known and describ-
ed by government survey, and specify the dis
lance sucn monument is placed from The nearest
point or corner OF such lot thereto topether with
the initials and dates Inscribed thereon and slso
/ the tuli name or names of the party or parties
making such claim, which declaratory statement
shaIl be signed and verified by the oath OF the
person or some one of the persons named there
/ IN which oath snail be taken before and duly
certlned by some person qualified by law to adj
minister oaths, and on payment of his fees The
same shall be duly recorded by him in hook Of
records kept by him In his office for that mr.,
pose az. such register; and such record of sucb
claim shall be deemed and taken to be sufficient
notice to all persons that such claim has been
:
Sec a. Any party intending to aottuire any
| Such claim under the provisions of this act shall
actually occupy the same by fishing in said wa
tiers, from the point DESIGNATED nv sncb ,,T,,,1
menG with such net or neTs ON or -before tJ,, Fl E
teenth Day OF uiy,~eighteen hundred and sixtv-
four and continually thereafter on or before the
fifteenth day OF July, in each year or in defauIf
thereof, the claimant shall be deemed and taken
70 have abandoneo tlfe same, aud forfeited ali
right TO the claim, aud occupancy of the same
or any part thereof, for the purpose cOptempla-
ted by this act and any other party shall. after
such forfeiture be at liberty to make a claim to
said location, pursuant to the provisions of this
act, and occupy the same tor the purposes con, |
templated by this act
Sec. >. Whenever any claim for the purpos> |
es specified IN this act, shall have been duly req
lstered, as required by this act no other person
or persons thal the person or party having pri>
orlty, and duly establishing the fact shall be per
mltted TO hsh III said waters, with such net or
nets, nearer to such monument than the distance
OF one mne therelrom, on either side thereof
along SAID beach or shore, and EXTENDING out in |
! ID the said water Of said lake so far as the laws
tuI claimant TO any such locality may see fit to |
extend his claim into said waters within this
state on a line at right angles with said beach
or shore within the said distance above prescrib-
ed,wlthout mourning The penalty specified in this
act.
sec. 3. No person or party making such claim
| as is hereby provided shall be deemed and ia,
ken TO have fully acquired the same untjl he mr.
they shall have actually commenced fishing
within their said claim in said waters with such
| net or nets as are herein specified and when {
any such claim shall have been duly acquired
II shailsbe lawful for the claimant or claimants
| thereof, to transfer the same by assignment in
| writing, duly execut ed and acknowledged by him
or themj and in Ill cases of transfer of such
clam, IN the manner above specified the assignee
snail cause the ins rument Of assignment to he
duty registered in like manner as the ORIGINAL
! claimant by this act is required to register his
| ciaim The acknowledgment of such lnstru-
mont OF assignment may be taken by any officer
| authorized by law to take acknowledgements of
deeds, and such assignee shall pay such register
| his fee for recording such Instrument of ASSIGN
ment, as Is provided by this act and such ass
signee and his assigns are hereby required to
| keep up and maintain the said monument at fine
| point OF original location, The same and in like
manner as the original claimant by this act isre-
CURED to do.
| sec. ANY person who shall fish in said wa
| tiers, with such net or nets without first having
made and established claim. and secured TO- /
ca Ity therefor on said beach or shore under and
pursuant to the provisions of this act or shall
hrs have duly acquired a right to any such 10
cailty, by assignment pursuant to TINS act shall
be deemed guilty of misdemeanor and upon
conviction thereof before any court Of competent
Jurisdiction, shall be punished for each and ev-
cry oHense by line, not less than five hundred |
dollars. nor more than ten hundred dollars and
imprisonment in the county Jail until sueh. fine
shall be paid or be otherwise duly DISCHARGED
! sec. g. No prose cution for the recovery of |
such hne as is specified in the preceding section
shall pc entertained except on complaint made |
by an nhabitant of this state nor unless com.
plant tor the violation of this act be made within
two years after the commission Of the offense.
| Sec. y. Persons heretofore engaged in fishing |
in said water with such nets, from any point on |
said beach, by first registering the locality of the
claim, and erecting and making such monument |
las other claimants hereinhefore required to
doJ within thirty days after the passage of this
act, may continue to fish at such locality, by
OF this act the same original claimants are e.
CURED TO do, or in default thereof they shall be
deemed to have abandoned the same, such claim.
ants TO have priority according to the dates of
their respective claims, that OF the oldest date to
have precedence.
Sec. 10. No person or persons engaged in such
fishing, shall in any Wise hinder or obstruct the
free navigation of the waters of said lake nor
shall the claim of any person who has complied
wHh the provisions of this act, be subject to
forced sale upon execution or any other final
process from any court Of this state.
Sec. IL. The register OF deeds of every cour-
ty IN this state where any such claim or the as
signment thereof shall be hereafter registered
, shall keep separate book of records Tor such
purposes, and for registering any such claim, or
the assignment thereof he shall be entitled TO
demand and receive the same fees per folio, as he
Is entitled to for recording deeds Of cow eyance
Of real estate.
Sec. IL. All actions at law concerning such
| claims, and all actions arising or growing out OF
any such claim, tfespasS, or infringement
! thereon, shall be cognizabe before the circuit
court OF the proper county and any person
: considering himself aggrieved in his claim by
any other person, may have his action and rem
edy at law, IN the same manner as for other tres
passes or wrongs: prOVaded that all actions by
adverse claimants shall be commenced within
SIXTY Gays after the hrst registration OF such
claim.
Sec. 10. Any person who shall wilfully or ma
: uclously break down, impair, disfigure throw
down or destroy any monument erected under
The provisions of this act, shall be deemed guii>
. W OF mlsdemeanOr, and on conviction thereof
shall be punished by fine not less than twenty,
ave dollars nor more chan one hundred dollars
and actions under this section shall be cupniza-
Die before any justice Of the peace of the proper
! county and any person convicted under the pro
: visions OF this section, VINO shall neglect tor
twenty four hours to pay the fine imposed to-
gether with costs, shall be committed to the com
! mon Jail OF the proper county, there to remain
: until such tine and costsare paid, or until he be
! discharged by due course Of law.
Sec. IA This act shall take effect and be in
, force from and after its passage and publica-
ton.
Approved March %, 1864.
! Published April ., 1864
Chapter G94.
, AN All concerning the terms of court in the third
. Judicial circuit.
The people Of the state Wisconsin represented in
{ senate and assembly, co enact as follows:
Section ]. The terms OF the eircuit court the third
JuulclaI circuit shall after the first day June in the
ear OF our Lord lo04 be holden follows the coun
y 81 Marquette on the first Monday Septeu Der and
ON the first Monday in February in each wear. m the
q LOIS Q