Year: 1873

February in each year. just and true account, ver
fed by his OATH tb the s2me is just and true, Of al
premiums which, during the year ending the tirs
day OF January preceding such report shall have bee
received d hE hin, or any other person Tor him. nm.
INJURY by ire in any such city village, which shas
be effected promised by him to be effected, from
any individual, individuals association, incOrpo
that he will annually the first day of February il
each year. pay the said treasurer two dollars
such premiums Every person who shall affect, aeree
to affect, promise procure any insurance specified
in the preceding section of this chapter, without
having executed and delivered The sld bond required
by the preceding section shall for each offense orfei
ment such penalty of one hundred dollars shall be
collected in the name of the fire department Of any
Sec, s. Section thirysx Of this chapter is amended
to read as follows. viz: Section IS, In cdse
the fire department of any such city village shal
have no such officer as treasurer, the provisions O
apply 10 the treasurer of such city or village ol
town in which such village may be located having ne
town shall under the direction of the proper au hor
tiles thereof pay oyer all moneys received or
department. of such city or village,


Sec. 4. All laws or parts or laws conflicting witt
any of the provisions of this hereby repealed
Sec. 5. This act shall take effect and be III force
from and after its passage and publication.


Approved March 19, 1878.


Published March e. 1871


CHAPTER 263.


AN ACT to prescribe the measure of damages ii
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 recover the posses
sion of logs, timber or lumber wrongfully cut from
the lands of the plaintiff, to recover the value
thereof, damages for such cutting if the plaintiff
shall succeed, he shall, unless possession Of such
property be restored to him, recover as damages the
highest market value of such logs, timber or Ium-
Der, in whatever place, shape condition, manu-
factured or unmanufactured, the same may be be-
tween the time of such cutting and the time of
the trial of the action, and while it remained 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 in such
action, serve upon the plaintiff affidavit that
such cutting was done by mistake, and a tender of
Judgment sum certain as being the full value of
such logs, timber or lumber at the time the same
was cut with interest thereon from the time of such
cutting TO the time of such tender and ten per
cent upon the whole amount as damages, together
with the cost of such action to the time Cf 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 vacation
upon filing the complaint, and such tender, togeth
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, traverse of the allie



mistake. Upon the trial OF such action such tray-
etse shall be tried separately, with the other is
i'll the action, the court shall direct and for
that purpose the court may order the Jury to find
special verdict. If it shall be found upon the trial
that the amount of the sum certain for which udg-
ment so rendered, equal to the value Of
such logs, timber or lumber when so cut, and thst
the cutting was py mistake, Judgment shall be en-
tered for the plaintiff for the amount of such tender
against the defendant less the cost of such action
since the date Of such tender, to be taxed in favor
of the defendant If the jury find that such cutting
was by mistake; but that the value of such logs,
timber or lumber was greater than the amount so
rendered, then judgment shall be entered in favor
of the plaintiff for the amount so found, with ten
per cent damages and costs of such action. If such
action shall be against several defendants not alike
liable, either any of such defendants may serve
in such tender and subsequent defense, and there
upon the several proceedings and issues shall be
had tried and disposed of separately in the manner
hereinbefore provided.


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


Approved March 10, 1873.


Published March 27, 1871


CHAPTER 3O1.


AN ACT to amend section one of chapter one hum
dred and thirty of the general lavs of 1870; enti-
tied an act to amend section of chapter one
hundred and fifty of the general laws of 1868, en-
titled act relating to the collection of taxes
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:


Section 1. Section one of chapter hundred
and thirty OF the general laws of 1870 is hereby
amended that shall read follows: 1t shall be
the duty of the county clerk, on before the first
day of November, to return to the clerks Of the sew
eta towns, cities and villages in their respective
counties list Of taxes remaining unpaid upon any
tract of land in their respective towns, cities viii
lagos for the preceding year, and the town. city or
village assessment roll shall be made to show oppo%
site each tract of land therein assessed, and under
the head of 'Etaxss unpaid for previous year." the
year for which such tax remains unpaid; and al
county, town, city or village treasurers, in giving
receipts Tor taxes paid upon any tract OF and snail
under the head of stakes unpaid for previous year,
enter in such receipt, opposite the said tract tht
year for which such unpaid tax is due on the trac
of land thus receipted for.


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


Approved February 10, 1873.


published March 27j 1881


CHAPTER 22s.


AN ACT to amend chapter one hundred and forty
one of general laws of 1868, relating to the taxa
ton of telegraph companies.


The people of the state of Wisconsin, represented IL
senate and assembly, do enact as fdlldwss


Section !. Section one of chapter one hundred
and fOrty-one of general laws of 1868 is hereby
amended by adding to the end of SAID section as
follows: "If any telegraph company, or its officers
shall fail to comply with the requirements of chap
ter one hundred and forty-ene of the laws of 1863
such company shall forfeit to the treasurer of thi
state, for the of the state, the of five hun
dred dollars for each of neglect to be recover
ed in the name of the state treasurer by action OF
this statute


Sec 2. This act shall take effect aid be In fore,
from and after its passage and publication.


Approved March 1s, 1878.


published March q, 1871


CHAPTER 236.


AN ACT to provide for the payment of witnesse


who appeared and testified before the joint inves
tigating committee, appointed by virtue of join
nf fhl ncsyO1 Of
The people of the state Of Wisconsin, represented il
senate and assembly; do enact as follows:


Section /. 1t shall be the duty of the chairmal
OF the joint investigating committee appointed b
virtue of joint resolution No. 3, senate of the ses
sion of 1873 to file in the office of the secretary
state certificate showing the names and residenc
of each witness who appeared and was sworn befor
sad committee, the number of days N attendance
and the number Of miles each has Travelled by tn
most usual route from his residence to the plac
where lie SO testified, also to pay other neeessar
expenses incurred, audited and certified to a
above.


Sec. 2. Upon the fling of the certificate men
toned in the preceding cton it shall be the dut
of the secretary of state to draw his warrant upo
the treasurer in favor of each of said Witnesses TO
the sum that may be due him for mileage and pc
diem, as is now provided by law for witnesses i
like cases.


Sec. 8. There is hereby fppropriated out of an
money IN the treasury not otherwise appropriated,
sum of money sufficient to carry out the provision
of this act.


Sec. 4. This act shall take effect and be in fore
from and after its passage.


Approved March Is, 1873,


Published March 27, 1878.


CHAPTER 2O2


AN ACT for the better organization of the militia


the state of Wisconsin.
The people of the state of Wisconsin, represented
senate and assembly, do euact as follows;


Section |. 1t shall be the duty of the commander
in-chief of the Wisconsin state militia to cause
inspection OF each organized militia company by hi
adJutant general, of the aides-de-camp or an il
spectlng officer for that purpose appointed at leas
once IN every year. such inspection shall be he'll
IN the same manner and form as prescribed 70
troops IN the service of the United States, and re
ports OF inspection shall be made in due form to tn
commandments chief


Sec 2 The adjutant general shall, at least ifteel
Gays before such inspection, inform the command
ing othcer OF such company or battery of the tiI4
ana pace where such inspection shall take place.


sec. .. Each company battery which, on a
specGon, shall prove to be properly organized a
provided by law, and which shall have made all Re
turns which, under the laws of this state, they ar
required to make, shall receive out of the genera
fund OF the state, warrants issued by the secfsta