The Superior times. [volume] (Superior, Wis.) 1870-1912, 1873-04-26
Published March 81, 1881
CHAPTER 263.


certain actions for the wrongful cutting of tim
Der.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
Section l. In all actions hereafter commenced in
any of the courts OF this state to the posses
sion of logs, timber or lumber wrongfully cut from
the lands of the plaintiff, or to recover the value
thereof, damages for such cutting if the plaintiff
shall succeed, he shat, unless possession of such
property be restored to him, damages the
highest market value Of such logs, timber llm-
Der, in whatever place, shape condition, manu-
! featured or unmanufactured, the same may De be-
tsvAen tho tirno of such emitting Of
the trial of the action and while il remained in the
possession Of the party cutting the same, or any
purchaser thereof with knowledge of such wrongful
cutting: provided that the defendant may, within
ten days after the service of the complaint such
| action serve upon the plaintiff an affidavit that
| such cutting done by mistake, and tender OF
judgment sum certain as being the full value of
| such logs, timber lumber al the time the game
cut with interest thereon from the time of such
| cutting to the time of such TENDER and ten Der
| cent. upon the whole amount damages together
with the cost of such action to the time Of such ten
der. in full satisfaction for such cutting If the
plaintiff shall accept such tender Judgment for the
amount thereof may be entered against the defend
ant in favor OF the plaintiff by the clerk in vaca ion
upon filing the complaint, and such tender, togetk
with the plaintiffs acceptance of the same If the
plaintiff shall refuse to accept such tender, he shall
notify the defendant thereof, and within twenty
days from such tender serve traverse of the allie
cations of such affidavit that such cutting was by
mistake. Upon the trial Of such action such tray.
shall be tried separately, with the other IS
in the action, the court shall direct and fol
that purpose the court may order the jury to find
special verdict. If it shall be found upon the ria
| that the amount of the sum certain for which judg
ment was so rendered, was equal to the value Of
| such logs, timber or lumber when cut, and tina
the cutting by mistake, judgment shall be en-
tered for the plaintiff for the amount of such tender
against the defendant, less the cost of such actor
since the date of such tender to be taxed in fayo
of the defendant If the jury ind that such cutting
| was by mistake but that the value of such logs
| timber or lumber was greater than the amount E,
| rendered, then judgment shall be catered III favo
of the plaintiff for the amount 50 found, with tel
per cent. damages and costs Of such action If suci
action shall be against several defendants not aik
| liable, either any of such defendants may serv
i'll such tel der and subsequent defense, and there
upon the several proceedings and issues shall b
had, tried and disposed OF separately in the name
| hereinbetore provided.
Sec. 2. This act shall take effect and be in fore
| from and after its passage.
| ApnrOyed March g. IS12.