Year: 1870

throurb such towns so as to make continuous
road from one town into or through the other, as
NAV be required for the convenience of the public,
or whenever the supervisors OF any town OF this
state shall lay out highway to the line OF an d.
10 ming town. and the supervisors of said adjoining
town shall refuse neglect to lay out highway
50 as to continue said highway into trough said
adjoining town, as the convenience of the public
may require, upon petition OF thirty freeholders
fifteen of whom shall reside in each of such towns
setting forth such disagreement failure to meet,
or refusal neglect 10 lay out such highway, as
the case may be, and praying the laying out of
a road extending into through such town
towns the said board of county supervisors shall
proceed in the same manner as hereinbefore pro-
vided to view lay out and establish such highway:
provided that when county line shall divide any
such towns, that said petition shall be present
ed to the board OF county supervisors in which the
town situated, that through its supervisors re-
fuses or neglets to lay out such highway.


Sec 9 This act shall take effect and be in force
from and after its passage and publication


Approved March is, 1870.


tPubIished March q, 1901


CHAPTER 1G0.-GENERAL.


AN ACT to amend chapter one hundred and fifty
seven t157) of the general laws of the state oil
Wisconsin, for the year a. d. 1859, entitled an
act relating to evidence in certain cases.


The people of the state of Wisconsin, represented
in senate and assembly, do enact as follows:


Section 1. Section three (3) of said chapter 1877,
Is hereby amended to be and read as follows: All
statements, list or lists OF lands for certified copy
thereof by any officer in whose custody the same
may bel which may have been or shall hereafter be
certified to the state OF Wisconsin by the president
Of the United S'ates, sv either i the depart-
ments OF the United States any OF the othcers
thereof, including the secretary of the interior, or
by the commissioner of the general land office of
the United States for railroad any other purposes
shall be admitted in evidence In all courts, and shall
be prd fdcie evidence that the title of the lands
therein contained or described, thereupon became
vested in the state of Wisconsin.


Sec. 2. In any suit that may have been COM
meneed or shall be hereafter commenced in any
court OF cutor, heir de7lsee or
legatee or assignee of any deceased person, Tex
cept an assignee before due of a negotiable prom
missory note) upon any prommlssory note, obiga-
ton, con ract other instrument or evidence of
Indebtedness, if any defendant therein shall set
forth, alege state in his verified answer or by
afida Si that the said note, obligation, contract or
other instrument or evidence OF Indebtedness was
given, in whole or part. for claimed or pretended
services of such deceased person as executor, adj
mnistrator, trustee guardian agent, or in whole
or part for any other matter or thing appertaning
to or growing ont of arising from such admins
tratorship, executorship, truseeship, guardianship
or agency, and that the said note, obligation, con-
tract or other instrument or evidence of indebted
ness was obtained fraudulently or that he or they
signe the same through misunderstanding of the
facts of the case or thT ough the Representations
or concealments on the part OF such deceased per
SON. and that such deceased person has never wholly
and in full settled his accounts such adminlstTa
tor executor, trustee guardian or agent, and such
deceased person absented himself from the state,
without settling his accounts matters as such adj
nnistrator, executor, trustee, guardian or agent,
then said defendant in such suit, either one of
them, aud shalt be allowed III and on ali trials
any other proceedings in any such suit or suits,
to be witness and testify and gve evidence in the
same manner as if such deceased person was still
living or was still living, and plaintiff in such suit
and in like manner shall be allowed and entitled
be witness in any suit by the maker or obligor of
any such note, contract, obligation or instrument
or ev dence of Indebtedness aforesaid, against
the executor administrator, heir, devisee, legatee
or as ignee of any such deceased person, or all or
any of them, to set aside cancel and declare null
and void or to compel the surrender of any such
OblipatiDQ, contract other instrument
evidence of indebtedness.


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


Approved March 10, 1870.


Published Marcl 26, 1901


CHAPTER 105-GENERAL.


AN ACT for the preservation of game in the coun-
ties of Milwaukee, Racine, Kenosha, Waukesha,
Walworth, Jefferson, Rock, Green, Dane, La
Fayette and Grant.


The people of the state of Wisconsin, represented
in senate and assembly, do enact as follows:


Section l. No person shall catch, kill or other
wise destroy, or have in his or her possession or
expose for sale any woodcock in the counties of
Milwaukee, Racine, Kenosha, Waukesha Walworth,
Jefferson, Rock, Green, La Fayette, or Grant, be-
tween The fifteenth day of November and the sue
ceeding fourth day of July in each year, nor any
grouse, prairie hen or chicken, partridge. ruffed
grouse quail between the fifteenth day of No
Yember and the succeeding twentieth day of August
in each year, under penalty of ten dollars for
each such game bird caught, killed, or otherwise
destroyed, had in possession or exposed for sale.
Il.
place within either of the counties named in the
first section of this act, catch or take, with any
trap snare or net any grouse prairie hen or chick
en-, partridge, rutfed grouse, quail or wild duck
under a penalty of ten dollars for each grouse,
prairie hen chicken, partridge, ruffed grouse.
quail or wild duck caught or taken.


Sec 3. No person shall within either of the
counties named in the first section of this act kill
or expose for sale have in his or her possession
after the is killed, any wood-duck, mallard-
duck or teaI-duck between the first day of Febru-
airy and the succeeding first day of September in
each year. under penalty of ten dollars for each
such duck so killed, had in possession or exposed
for sale. And no person shall at any time or at
any place within either of said counties, kill any
wild duck brant or wild goose with or 10y means of
the device, instrument or 6re-arm known as puHt
or swivel gun, with by means of any gun or
fire arm other than such guns firearms are
habitualy raised at arms length and fired from
the shoulder, shall use any such device, instru-
ment or gun other than such shoulder gun afore-
said, with intent to kill any wild duck, brant or
wild goose under penalty of fifty dollars Tor each
and every offense.


Sec T. Any person who shall within either of
the counties named in the first section of this act
enter upon the lands premises of another, and
thereon pursue, catch. kill or otherwise destroy any
of the game birds or wild fowl mentioned in this
act during the times when the killing of such game
birds or wild fowl is forbidden by the provisions
thereof, or being thereon, shall do or commit any
other act or thing forbidden by the provisions of
his act, shall be deemed guilty Of trespass and in
addition to the damages and the penalty i'm
posed by the provisions of this act for the violation
thereof, shall be liable to penalty of ten dollars,
which may be recovered with costs of action by
the owner occupants of the lands or premises so
entered upon, before any justice of the peace of
any town police justice of any city in the county
where the ofense was committed or where the de-
fendant may reside or be found.


Sec. 5. All penalties imposed by the provisions
of this act may be recovered with costs of action
by any person or persons Except the penalty named
in section four thereof for the entering upon the
lands premises of another, &c) in his or their
own names, before any justice of the peace in any
town, or police justice of any city in the county
tfad ryuhp he n
fendant may reside or be found, and any such JUS
tice of the peace or police justice is authorized
upon receiving sufficient security for costs the
part of the complainant and satisfactory proof by
affidavit of the violation of any of the provisions of
this act by any person being temporarily within his
jurisdiction. but not residing therein, or by any
person whose name and residence are unknown, to
issue his warrant and have such offender COM
mited held to bail, TO answer the charge against
him. And any justice of the peace in any town or
police justice of any city within either
of the counties named in the first section of this
act may upon proof of probable cause, to believe
in the concealment by any person within either of
said counties of any game bird or wild fowl men
toned in this act during any of the prohibited
periods. or any of any such game birds or wild fowl
taken, caught, killed or otherwise destroyed held
or possessed in violation of any of the provisions
of this act issue his search warrant and cause
search to be made in any house, market, boat. car
or other building, and for that end may cause any
apartment chest, box crate or locker to be broken
open and the contents examined. Any penalties
when collected, except such as are by the provi-
sions of this act otherwise specially disposed of,
shall thereupon be paid by the court before which
conviction shall be had: one half to the county
treasurer of the county in which conviction is had
to the credit of the school fund of such county, and
the remainder to the complainant prosecutor; on
the on-payment of the penalty and costs of the
prosecution, the defendant shall be committed to
the common Jail of the county, for period of not
less than ten days when the judgment therefor,
aside from the costs, exceeds not the sum OF ten
dollars and at the rate of one day for each dollar
in which such Judgment, aside fl ON costs, exceeds
in amount The of ten dollars.


Sec 6. This act shall take effect and be in force
from and after its passage and publication


Approved March l6, 1870.


Published March 26, 1901


CHAPTER 13I-GENERAL.


AN ACT to amend chapter 1l2 of the revised stat


utes, entitled ''of guardians and wards.'


The people of the state of Wisconsin, represented


"A ,Ixr 1o,a ,an+c FnIlo