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Columbia County, Wisconsin - Chapter with an unread heading (no. 1 of those read), 1880 (part 10 of 12)

From The History of Columbia County, Wisconsin, Containing an Account of Its Settlement .., published 1880. 15,963 words, reproduced complete and unedited. Source changes inside the text are labelled in place.

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15,963 words

Machine-read from scans of The History of Columbia County, Wisconsin, Containing an Account of Its Settlement .., published 1880. Nothing has been corrected: fixing what looks like a misspelled name is how an invented one gets published. Source changes are marked where they occur.

Little sickness, a few cases of sore throat, and slight bowel affections comprise nearly all the ailments; and the physician's report adds: "The sanitary reports of the institution .from its earliest history to the present date has been a guarantee of the healthiness of the location. Having gone carefully over the most reliable tabulated statements of deaf-mutism, its parent- age, its home, its causes, and its origin, we would most earnestly call the attention of the public to the fact that the chief cause comes under the head of congenital, 75 of the 150 pupils in this institution having this origin. Such a fearful proportion as this must of necessity have its origin in a cause or causes proportionately fearful. Nor, fortunately, is the causation a mystery, since most careful examination leaves not a shadow of doubt that consanguineous marriages are the sources of this great evil. Without occupying further space by illustrative tables and arguments, we would simply direct the attention of our legislators and thoughtful men to the law of this disease - which is, that the number of deaf and dumb, imbeciles, and idiots is in direct keeping with the degree of consanguinity. With such a law and exhibit before us, would not a legislative inquiry into the subject, with the view of adopting preventive means, be a wise step.' The evil is fearful ; the cause is plain; so, too, is the remedy."

This institution is situated on the banks of the Fox river, at Waukesha, and was organized in i860. The whole number of the inmates since it was opened in July, i860, to October 10, 1876, was 1,291. The whole number of inmates for 1876 was 415. Of these, since the period of opening up to date, October, 1876, 25 have died : 8, of typhoid fever; 1, of typhoid erysipelas ; I, of gastric fever; 3, of brain fever; i, nervous fever; 2, congestion of the lungs; 2, congestive chills; 5, of consumption; i of dro])sy ; and i of inflammatory rheumatism.

This was located at Waupun in July, 1857. On September 30, 1876, there were 266 inmates. But one death from natural causes occurred during the year. The health of the prisoners has been unusually good, the prevalent affections attendant upon the seasons, of a mild and manageable character.

This institution, located near Madison, was opened for patients in July, i860. The total number of admissions down to the year 1877, was 1,227 nnales, 1,122 females, total 2,349. Over one half of these have been impro^'ed ; nearly one third recoi<ered ; while less than one quarter have been discharged unimpro2-ed. Total number of deaths, 288. At the commencement of the year, October 1, 1875, there were in the hospital 376 patients. In the report for the year endings September 30, 1876, we find the past year has been one of unusual health in the hospital. No serious epidemic has prevailed, although 20 deaths have been reported, 7 fatally ill before admission, 4 worn-out cases, etc. Insanity, coming as it does, under this head of an article on State Health, is of the highest interest from a state point of view, not only because so much may be done to remedy it, but that still more can and ought to be done by the state to prevent it. Our insane amount to i in 700 of the whole jjopulation, the total number in hospitals, poor-houses and prisons being in round numbers 1,400. It is a striking fact, calling for our earnest consideration, that the Germans, Irish and Scandinavians import and transmit more insanity - three to one - than the American-born population produce. The causes assigned for this disparity, are, as affecting importation, that those in whom there is an hereditary tendency to disease constitute the migratory class, for the reason that those who are sound and in the full possession of their powers are most apt to contend successfully in the struggle to live and maintain their position at home; while those who are most unsound and unequal to life's contests are unable to migrate. In other words, the strongest will not leave, the weakest can not leave. By this, the character of the migratory is defined. As affects transmission, poverty is a most fruitful parent of insanity, so too is poor land. Says Dr. Boughton, superintendent of the Wisconsin State Hospital for the Insane:

Health Op Wisconsin 243

Wisconsin is characterized by a large poor class, especially in the northern part of the state, people without means have settled on new and poorly paying farms, where their life is made up of hard work, exposure to a severe climate, bad and insufficient diet, cheerless homes, etc., etc. These causes are prolific in the production of insanity. It is easy, therefore, to trace the causes that give us so large a per cent, of insane in many of the counties of the state. Nor is it of less interest to know, as Dr. B. adds : We draw our patients from those families where phthisis pulmonalis, rheumatism and insanity prevail. Insanity and rheumatism are interchangeable in hereditary cases, so too are insanity and phithisis. What may be accomplished by intelligent efforts to stem the increase of insanity in our state .' Much. Early treatment is one means, this is of course curative in its character. And its necessity and advantage are well illustrated in table No. lo of the annual report of Dr. Boughton, for 1876, where it is seen that 45.33 of males, and 44.59 of the females who had been sent to the State Hospital having been insane but three months before admission, were cured, the proportion of cures becoming less in proportion to the longer duration of insanity before admission. As a preventive means, the dissemination of the kind of knowledge that shows indisputably that insanity is largely hereditary, and consequently that intermarriage with families so tainted should on the one hand be avoided by the citizen, and on the other hand, perhaps, prevented by the state, (congress at the same time restraining or preventing as far as possible persons so tainted from settling in this country.) By the state, inasmuch as the great burthen of caring for the insane falls upon the state. Still other preventive means are found in the improved cultivation of our lands and in our improved education ; in fact, in whatever lessens the trials of the poor and lifts them out of ignorance and pauperism. It is only by culture, says Hufeland, that man acquires perfection, morally, mentally and physically. His whole organization is so ordered that he may either become nothing or anything, hyperciilture and the want o{ cultivation being alike destructive.

This hospital was opened at Oshkosh, May, 1873. The total number under treatment September 30, 1876 was - males 246, females 257, total 503. No ailment of an epidemic character has affected the health of the household, which has been generally good. The report of Dr. Kempster is full of suggestive matter for the legislator and sociologist.

Still adhering to the plan, in writing the sanitary history of the state, of gathering up all the health statistics which properly belong to us, we now take up those of Milwaukee, the only city in Wisconsin, so far as we know, that has kept up a system of statistics of its diseases. The city is built on each side of the mouth of Milwaukee river, on the west shore of Lake Michigan inlat. 43° 3' 45" N., long. 87° 57' W., and is considered remarkable for its healthy climate. The board of health has furnished us with its report for 1870 and downward. The character of its mortality from June 19, 1869, to March 31, 1870, is thus summarized: In children under five years of age, 758 out of 1,249 deaths, consumption, 93; convulsions, 128; cholera infantum, 59; diarrhoea, 128; scarlet fever, 132; typhoid fever, 52 ; inflammation of the lungs, 41 ; stillbom, 79. This disproportionate number of still-born children is attributed in part to a laxity of morals. The deaths from consumption in Milwaukee are 7}^ out of every 100, one third less out of a like number of deaths than in San Francisco, in which city, in 4,000 deaths, 441 died of consumption, being 11 out of every 100 deaths for the year ending July, 1869. The deaths for 1870 numbered 1,655, the population being at the last census report, 71,636.

The Milwaukee population being about 72,000, the death rate per annum for every 1,000 inhabitants would be 21, after proper deductions of deaths from other causes than from disease, showing very favorably as compared with other cities.

Glasgow has 39 to every 1,000; Liverpool, 36; London, 25 ; New Orleans, 54; New York, 32; San Francisco, 24; Milwaukee, 21. Among seventeen of the principal cities of the Union, Milwaukee ranks the ninth in rate of mortality. An impression has prevailed that Milwaukee is subject to a large and disproportionate amount of lung and allied diseases. Statistics disprove this, its deaths from consumption being only 6 per cent., while those of Chicago are 7.75 ; of St. Louis, 9.68; of Cincinnati, 11.95; ^"^ of Boston, 19.31. But few cases of malarial disease occur in Milwaukee, and fewer cases of intestinal fever than in the interior of the state. The mortality among children is explained by its occurring chiefly among the poor foreign-born population, where all that can incite and aggravate disease is always to be found.

This, (the historical part of the health article), will doubtless call forth from the profession much additional and desirable matter, but excepting what will further appear under the head of Madison it is proper to say that we have exhausted the sources of information on the subject within our reach.

Next in order would seem to come some notice of the summer and health resorts of Wisconsin, which, significant of the salubrity of the state, are not only becoming more numerous, but also more frequented from year to year.

Madison, the capital of the state, with a population of 11,000, is built on an isthmus between two considerable lakes, from 70 to 125 feet above their level; 80 miles west of Milwaukee, in latitude 43"^ 5' north, and longitude 89° 20' west, in the northern temperate region. The lake basins, and also the neck of land between them, have a linear arrangement, trending northeast and southwest. The same linear topography characterises the whole adjacent country and the boundary lines of its various geological formations, this striking feature being due to the former movement of glacier ice over the face of the country. At two points, one mile apart, the Capitol and University hills, respectively 348 and 370 feet above the level of Lake Michigan, rise prominently above the rest of the isthmus. Both of these hills are heaps of drift material from 100 to 126 feet thickness, according to the record of the artesian well. The neck of land on which Madison stands is of the same material. The same boring discloses to us the underlying rock structure, penetrating 614 feet of friable quartzose sandstone belonging to the Potsdam series, loj^ feet of red shale belonging to the same series, and 2095^ feet of crystalline rocks belonging to the Archasan. In the country immediately around Madison, the altitude is generally considerably greater, and the higher grounds are occupied by various strata, nearly horizontal, of sandstone and limestone. The Potsdam sandstone rises about 30 feet above the level of Lake Mendota, on its northern shore, where at McBride's Point it may be seen overlaid by the next and hitherto unrecognized layer, one of more or less impure, dark-colored, magnesian limestone, to which the name of Mendota is assigned, and which furnishes a good building stone. The descent of these strata is about

9 feet to the mile in a due southerly direction. Overlying the Mendota beds are again sandstone layers, the uppermost portions of which are occasionally charged with lo to 20 per cent, of calcareous and dolomitic matter, and then furnish a cream-colored building stone of considerable value. Most of this stratum which has been designated as the Madison sandstone, is, however, quite non-calcareous, being either a ferruginous brown stone, or a quite pure, white, nearly loose sand. In the latter phase it is of value for the manufacture of glass. In a number of quarries, cuttings and exposed places around the city, the Madison beds are seen to be overlaid by a grayish, magnesian limestone, the lower magnesian, varying very considerably in its character, but largely composed of a flinty-textured, heavy-bedded, quite pure dolomite, which is burnt into a good quality of lime. Its thickness exceeds 80 feet. Madison, with the conveniences and cornforts of a capital city, from its easy access by railroads, from not only in itself being beautiful, but from its beautiful surroundings, from its good society, charming climate, and artesian mineral water, is naturally a great summer resort.

Though there are no vital statistics of the city to refer to, a residence of nearly a quarter of a century has made us sufficiently acquainted with its sanitary history, which is more or less the sanitary history of this part of the state, and in a measure of the state itself. In 1844 and 1845, it was visited by an epidemic malarial fever of a bilious type, and not unfrequently fatal, which passed very generally through the state, and was attributed to the turning up of the soil. It was most virulent in the autumns. Again in 1854 it was visited by a light choleraic epidemic, which also swept the state, assuming very generally a particularly mild type. Again in 1S57 it suffered lightly from the epidemic dysentery, which passed through the state. In 1865, it suffered from a visitation of diptheria, the disease prevailing generally over the state at that time. It has also had two visitations of the epidemic grip {grippe), or influenza. The last invasion, some five years since, commencing in a manner perhaps worthy of noting, by first affecting the horses very generally, and again, by beginning on the east side of the city, while the other epidemics for the past twenty-five years (unless the choleraic visitation was an exception) came in on the southwest side of the city, as has been the case, so far as we have been able to observe with the light epidemics to which children are subject. But little typhoid fever is found here, and the aguish fevers when they occur are light and easy of control. There is but little diarrhoea or dysentery. Pneumonia and its allied affections are more common, so is rheumatism, and so neuralgia. Inflammatory croup, however, is very rare, sporadic diptheria seeming to be taking its place. All the ordinary eruptive fevers of children are and always have been of a peculiarly mild type.

Prairie du Chien, situated immediately at the junction of the Wisconsin with the Mississippi, is built about 70 feet above low water, and 642 feet above the level of the sea. The cliffs on both sides of the river present on their summits the lower strata of the blue Silurian limestone of Cincinnati, beneath which are found sandstone and magnesian limestone down to the water's edge. We give this notice of Prairie du Chien for the purpose of bringing to the knowledge of the public that it possesses one of the most superb artesian wells in the state, which is attracting many persons by its remedial mineral properties.

Green Bay sanitarily may be considered as sufficiently indicated under the head of Fort Howard. It is, however, proper to add that from its geographical position and beautiful situation at the head of the bay, its easy access both by railroad and steamboat, its pleasant days and cool summer nights, it has naturally become quite a popular summer resort, particularly for southern people.

Racine, some 25 miles south by east by rail from Milwaukee and 62 by rail from Chicago, is built upon the banks and some 40 feet above the level of the lake. Its soil is a sandy loam and

Waukesha, i8 miles west of Milwaukee by railroad, is a healthy, pleasant place of resort at all times on account of its mineral water, so well known and so highly appreciated throughout the country.

Oconomowoc, 32 miles by railroad west by north of Milwaukee, is a healthy and delightfully located resort for the summer. Its many lakes and drives form its chief attractions, and though its accommodations were considered ample, during the past summer they were found totally inadequate to meet the demands of its numerous visitors.

The Dalles, at Kilbourn City, by rail 16 miles from Portage, is unsurpassed in the northwest for the novelty, romantic character, and striking beauty of its rock and river scenery. It is high and dry; has pure water and fine air, and every-day boat and drive views enough to fill up a month pleasantly.

Lake Geneva, 70 miles by rail from Chicago, is built on the north side of the lake, is justly celebrated for its beauty, and its reputation as a summer resort is growing.

Green Lake, six miles west of Ripon, and 89 northwest from Milwaukee, is some 15 miles long and three broad, surrounded by beautiful groves and prairies; and is claimed to be one of the healthiest little places on the continent.

Devil's Lake is ^6 miles by rail north of Madison. Of all the romantic little spots in Wisconsin, and they are innumerable, there is none more romantic or worthy of a summer visitor's admiration than this. It is, though shut in from the rude world by bluffs 500 feet high, a very favorite resort, and should be especially so for those who seek quiet, and rest, and health.

Sparta, 246 miles by rail from Chicago, is pleasantly and healthily situated, and its artesian mineral water strongly impregnated with carbonate of iron, having, it is said, over 14 grains in solution to the imperial gallon, an unusually large proportion, attracts its annual summer crowd.

Sheboygan, 62 miles by rail north of Milwaukee, from its handsome position on a bluff overlooking the lake, and from the beauty of its surroundings as well as from the character of its jl mineral waters, is an attractive summer resort.

In order to ascertain whether the classes of diseases in the state at the date of Carver's travels are the same which prevail to-day, we have compared his description of them with those tabulated in the army medical reports of Forts Howard, Crawford and Winnebago, and again with those given in the U. S. Census for 1870, and with the medical statistics of the city of Milwaukee. The three distinct and prominent classes prevailing from Carver's to the present time, are, in the order of prevalence, diseases of the respiratory organs, consumption, pneumonia, bronchitis, etc.; diseases of the digestive organs, enteritis, dysentery, diarrhoea, etc.; and the malarial fevers. At Fort Howard alone do the diseases of the digestive organs seem to have outnumbered those of the respiratory organs. So far as it is possible to gather from the reports of the commissioners of Indian affairs, these features of the relative prevalence of the three classes of disease are not disturbed.

There are, however, some disturbing or qualifying agencies operating and affecting the amount or distribution of these classes in different areas or belts. For instance, there are two irregular areas in the state; the one extending from the Mississippi east and north, and the other starting almost as low down as Madison, and running up as far as Green Bay, which are more subject to malarial diseases than are the other parts of the state. While it is found that those parts of the state least subject to diseases of the digestive organs are, a belt along the western shore of Lake Michigan, and a belt running from near Prairie du Chien north into the pineries. Again, it is found that the part of the state most subjec' to enteric, cerebro-spinal and typhus fevers, is quite a narrow belt running north from the southern border line into the center of the state, or about two-thirds of the distance toward the pineries. All along the western shore of Lake Michigan, and stretching across the country by way of Fond du Lac to the Mississippi, is a belt much less subject to these disorders. It is equally beyond question that the western shore of Lake Michigan, and the southern shore of Lake Superior, as well as the western half of the southern boundary line of the pineries, are less affected with consumption than the interior parts of the state.

The tendency of these diseases is certainly to amelioration. The sanitary history of Wisconsin does not differ from that of any other state east of us, in this striking particular ; the farther you trace back the history of disease, the worse its type is found to be. It follows, then, that the improvement in public health must progress with the general improvement of the state, as has been the case with the eastern states, and that the consequent amelioration of our malarial diseases especially will tend to mitigate infectious diseases. The ameliorating influences, however, that sanitary science has brought to bear upon disease, of which England is so happy an illustration, has scarcely as yet begun to be known to us. But the time has come at last when this science is moving both the hearts and minds of thinking and humane men in the state, audits voice has been heard in our legislative halls, evoking a law by which we are, as a people, to be governed, as by any other enactment. The organization of a state board of health is a new era in our humanity. In this board is invested all legal power over the state health. To it is committed all the sanitary responsibility of the state, and the greatest good to the people at large must follow the efforts it is making.

There are many other points of sanitary interest to which it is desirable to call the attention of those interested in Wisconsin. It is a popular truth that a dry climate, all other things being equal, is a healthy climate. Our hygrometrical records show Wisconsin to have one of the driest climates in the United States. Choleraic diseases rarely prevail unless in a comparatively stagnant state of the atmosphere, where they are most fatal. AVhere high winds prevail such diseases are rare. The winds in Wisconsin, while proverbially high and frequent (carrying away and dissipating malarial emanations), are not destructive to life or property, as is the case, by their violence, in some of the adjoining states. A moist, warm atmosphere is always provocative of disease. Such a state of atmosphere is rare with us, and still more rarely continuous beyond a day or two. Moist air is the medium of malarial poisoning, holding as it does in solution gases and poisonous exhalations. Its character is readily illustrated by the peculiar smell of some marsh lands on autumnal evenings. Such a state of moisture is seen only in our lowest shut-in marshes (where there is but little or no air-current), and then only for a very limited period, in very hot weather.

But too much importance is attached by the public to a simply dry atmosphere for respiratory diseases. The same mistake is made with regard to the good effects in such disorders of simply high elevations. Dry air in itself or a high elevation in itself, or both combined, are not necessarily favorable to health, or curative of disease. In the light and rare atmosphere of Pike's Peak, an elevation of 6,000 feet, the pulse is accelerated, the amount of sleep is diminished, and the human machine is put under a high-pressure rate of living, conducive only to its injury. The average rate of the pulse iu liealthy visitors is from 115 to 120 per minute (the normal rate, in moderate elevations, being about 75). .\nd where there is any organic affection of the heart, or tendency to bleeding from the lungs, it is just this very dry atmosphere and high elevation that make these remedies (f) destructive. Hence it is that Wisconsin, for the generality of lung diseases, especially when accompanied with hemorrhage, or with heart disease, is preferable to Colorado. It may be objected, that the diseases of the respiratory organs are in e.xcess of other diseases in Wisconsin. This feature, however, is not confined to the cold belt of our temperate latitudes - our proportion of respiratory diseases, be it noted, comparing most favorably with that of other states, as may be seen in the following table:

Now, while the mortuary statistics of the United States census for 1850 are acknowledged to be imperfect, they are, nevertheless, undoubtedly correct as to the causes of mortality. But besides this statistical evidence of the climatological causes of disease, there are certain relative general, if not special, truths which serve to guide us in our estimate. Respiratory diseases of all kinds increase in proportion as the temperature decreases, the humidity of the air being the same. Another equally certain element in the production of this class of diseases is variableness of climate. Still, this feature of our climate is only an element in causation, and affects us, as we shall see in the table below, very little as compared with other states. Indeed, it is still disputed whether there is not more consumption in tropical climates than in temperate climates. This much is admitted, however, that consumption is rare in the arctic regions. Dr. Terry says the annual ratio of pulmonary diseases is lower in the northern than in the southern regions of the United States, and Dr. Drake, an equally eminent authority, recommends those suffering from or threatened with pulmonary affections, to retreat to the colder districts of the country, citing among others localities near Lake Superior - a recommendation which our experience of nearly half a century endorses.

When we compare the general death-rate of Wisconsin with that of the other states of the Union, we find that it compares most favorably with that of Vermont, the healthiest of the New England states. The United States census of 1S50, 1S60 and 1870, gives Wisconsin 94 deaths to 10,000 of the population, while it gives Vermont 101 to every 10,000 of her inhabitants. The censusof 1870 shows that the death-rate from consumption in Minnesota, Iowa, California and Wisconsin are alike. These four states show the lowest death-rate among the states from consumption, the mortality being 13 to 14 per cent, of the whole death-rate.

Climatologically considered, then, there is not a more healthy state in the Union than the state of Wisconsin. But for health purposes something more is requisite than climate. Climate and soil must be equally good. Men should shun the soil, no matter how rich it be, if the climate is inimical to health, and rather choose the climate that is salubrious, even if the soil is not so rich. In Wisconsin, generally speaking, the soil and climate are equally conducive to health, and alike good for agricultural purposes.

Electors And General Elections

vu ^^p\uh u^^^'''^ T^^ person of the age of twenty-one years or upward, belonginff to either of the following classes, who shall have resided in the State for one year next preceding any election, shall be deemed a qualified elector at such election : -'is

2. Persons of foreign birth who shall have declared their intention to become citizens contormablv to the laws of the United States on the subject of naturalization. 6. Persons of Indian blood who have once been declared by law of Congress to be citizens ot the United btates, any subsequent law of Congress to the contrary notwithstanding J f ^u ^"''^"f, ?^ ^"*^'''" ''^''"'''* "°* members of any tribe. Every person convicted ot bribery shall be excluded from the right of sufi-rage unless restored to civil rights - and no person who shall have made or become directly or indirectly interested in any bet or wager depending upon the result of any election at which he shall offer to vote shall be permitted to vote at such election.

Sec. 14. The general election prescribed in the Constitution shall be hehl in the several towns, wards, villages and election districts on the Tuesday next succeeding the first Monday in November in each year, at which time there shall be chosen such Representatives in Congress, Electors of President and Vice President, State officers, and county officers as are by law to be ciGctGci lo sucn yC3,F.

Sec. 15. All elections shall be held in each town at the place where the last town-meetincr was held, or at such other place as shall have been ordered at such last meeting, or as shall have been ordered by the Supervisors when they establish more than one election poll, except that the first election after the organization of a new town shall be held at the place directed in the act or proceeding by which it was organized ; and all elections in villages constituting separate election districts and in the wards of cities, shall be held at the place to be ordered by the Trustee* ot such village, or the Common Council of such city, at least ten days before such election, unless a ditterent provision is made in the act incorporating such village or city.

Sec. 16 Whenever it shall be(;ome impossible or inconvenient to hold an election at the place designated therefor, the Board of Inspectors, after having assembled at or as near as practicable to such place, and before receiving any votes may adjourn to the nearest convenient place tor holding the election, and at such adjourned place shall forthwith proceed with the election. Upon adjourning any election as hereinbefore provided, the Board of Inspectors shall cause procla.mation thereof to be made, and shall station a Constable or some other proper person at the place where the adjournment was made, to notify all electors arriving at such place of adjournment, and the place to which it was made. or j

2. In each ward or election district of every incorporated village in which, by law, separate elections are held : which village at the last preceding census, had a population of fifteen hundred or more.

8. In every town containing a village which, at said census, had a population of fifteen hundred or more, in whicli village .separate general elections are not by law required to be held.

4. In all towns any part of which shall have been embraced in any part of any city or village in which a registration by this chapter is required.

Such registration shall be made in tiie manner provided by this chapter. The persons authorized by law to act as Inspectors of Election in each of such towns, wards or election districts shall constitute the Board of Registry therefor.

Sec. 21. The said Inspectors shall have their first meeting on Tuesday, four weeks preceding each general election, at the place where said election is to be held ; and in election districts at which there were polled at the previous general election three hundred votes or less, tliey shall sit for one day, and in districts at which there were more than three hundred votes polled, they shall have power to sit two days if necessary, for the purpose of making such list. They shall meet at 9 o'clock in the forenoon and hold their meetings open until 8 o'clock in the evening of each day during which tliey shall so sit. The Clerks appointed by law to act as Clerks of Election shall act as Clerks of the Board of Registry on the day of election only. The proceedings shall be open, and all electors of the district shall be entitled to be heard in relation to corrections or additions to said registry. They shall have the same powers to preserve order which Inspectors of Election have on election days, and in towns vacancies in the Board shall be filled in the same manner that vacancies are filled at elections.

Sec. 22. The said Inspectors at their first meeting, and before doing any business, shall severally take and subscribe the oath of Inspectors at a general election, and said Inspectors shall at their first meeting make a registry of all the electors of their respective districts, placing thereon the full names, alphabetically arranged according to surnames, in one column, and in another the residence by number and name of street or other location, if known. If any elector's residence is at any hotel or public boarding-house the name of the hotel or boarding-house shall be stated in the registry. They shall put thereon the names of all persons residing in their election district appearing on the poll-list kept at the last preceding general election, and are authorized to take therefor such poll-list from the office where kept, omitting such as have died or removed from the district, and adding the names of all other persons known to them to be electors in such district. In case of the formation of a new election district since the last preceding general election, the said Board therein may make such registry from the best means at their command, and may, if necessary, procure therefor certified copies of the last poll-list. They shall complete said registry as far as practicable at their first meeting, and shall make four copies thereof, and certify the original and each co]iy to be a true list of the electors in their district so far as the same are known to them. One of said copies shall be immediately posted in a conspicuous place in the room in which their meeting was held, and be accessible to any elector for examination or making copies tliereof, and one copy shall be retained by each Inspector for revision and correction at the second meeting. They siiall within two days after said first meeting file the original registry made by them, and said poll-list in the office of the proper town, city or village clerk, and niay, in their discretion, cause ten printed copies of said registry to be made and posted in ten of the most public places of said election district, or may publish the same in a newspaper at an expense not exceeding one cent for each name.

Sec. 23. The Inspectors shall hold their second meeting at the same place designated for holding elections on the Tuesday two weeks preceding the election. They shall meet at 9 o'clock in the forenoon. In election districts having less than three hundred voters, as shown by the preliminary registry, the Board siiall complete the registry on the same day ; but if there are more than that number of voters, they shall sit two days. They shall remain in session until 8 o'clock in the evening. They shall revise and correct the registry first by erasing the name of any person who shall be proved to their satisfaction by the oatlis of two electors of the district to be not entitled to vote therein at the next ensuing election, unless such person shall appear and if challenged, shall answer the questions and take the oath hereinafter provided ; secondly, by entering thereon the names of every elector entitled to vote in the district at the next election who shall appear before the Board and require it, and state his place of residence, giving street and number, if numbered, or location, as hereinbefore provided, if challenged answer the questions, and take the oaths provided in case of challenge at an election ; but if any person shall refuse to answer all such questions or to take such oath, his name shall not be registered. Any person who is not twenty-one years of age before the date when the registry is required to be corrected, but will be if he lives until the day of election, shall have his name put on the registry if he be otherwise qualified to be an elector. Any elector who did not vote at the previous general election shall be entitled to be registered either at the preliminary or tiie final registration of electors by appearing before the Board of Registration of his election district and establisliing his right to be registered, or, instead of a personal appearance, he may make his application to be registered to the Board in writing. Such application shall state the name and period of continuous residence in the election district and place of residence therein, giving the number and street of the applicant, and, in case the person making the application is of foreign birth, he shall state when he came to the United States and to the State of Wisconsin, and the time and place of declaring his intention of becoming a citizen of the United States, and that he is entitled to vote at the election. Upon receiving such application, the Board of Registration shall register the name of such applicant, if it appears to the Board that the applicant is, by his statement, entitled to -vote. Such statement shall be made under oath, and shall be preserved by the Board and be filed in the office of the village or city clerk, as the case may be. All city and village clerks shall keep blanks for making the application for registration, as provided by this section. The form siiall be prescribed by the Secretary of State. Every person named in this section shall be subject to the same punishment for any false statement or other offense in respect thereto aa is provided in case of such false statement or other offense by an elector offering to vote at an election. After such registry shall have been fully completed on the days above mentioned, no name shall be added thereto by any person or upon any pretext. Within three days after the second meeting the said Board shall cause four copies of the registry to be made, each of which shall be certified by them to be a correct registry of the electors of their district, one of which shall be kept by each Inspector for use on election day, and one shall forthwith be filed in the office of the proper town, city or village clerk. All registries shall at all times be open to public inspection at the office where deposited without charge.

Sec. 24. On election day the Inspectors shall designate two of their number at the opening of the polls, who shall check the names of every elector voting in such district whose name is on the registry. No vote shall be received at any general election in any ward or election district defined in Section 20, if the name of the person offering to vote be not on said registry made at the second meeting as aforesaid, except as hereinafter provided ; but in case any one shall, after the last day for completing such registry, and before such election, become a qualified voter q£ the district, he shall have the same right to vote therein at such election as if his name had been duly registered, provided he shall, at the time he offers to vote, deliver to the Inspectors his affidavit, in which he shall state the facts, showing that he has, since the completion of such registry, become a qualified elector of such district, and the facts showing that he was not such elector on the day such registry was completed, and shall also deliver to such Inspectors the affidavits of two freeholders, electors in such election district, corroborating all the material statements in his affidavit. In case any person who was a voter at tlie last previous general election shall not be registered, such person shall be entitled to vote on making affidavit that he was entitled to vote at the previous election, and that he has not become disqualified by reason of removal from the election district or otherwise, since that election, which affidavit shall also be corroborated by the affidavits of two freeholders, as is provided for other non -registered voters. No one freeholder shall be competent to make at any one election corroborating affidavits for more than three voters. All of said affidavits shall be sworn to before some officer authorized by the laws of this State to take depositions. The Inspectors shall keep a list of the names and residence of the electors voting whose names are not on said completed registry, and attach said list to the registry and return it, together with all such affidavits, to the proper town, city or village clerk. No compensation shall be paid or received for taking or certifying any such affidavits. On the day following the election, one of said poll-lists and one copy of the registry so kept and checked shall be attached together and filed in the office of the proper town, city or village clerk, and the other of said poll-lists and copy of the registry so kept and checked shall be returned to the County Clerk with the returns of the election. Such Inspectors shall give notice by advertisement in a newspaper printed in the city, village or town where such registration was made, of the registry, and shall include in such notice all additions to and omissions from the preliminary list, and shall also state where the election is to be held. In case there be no newspaper printed in such city, village or town, such notice shall be given by posting copies thereof in three or more public places in each ward or election district in such city, village or town. For publication of such notice in any such newspaper the publisher thereof shall be entitled to the .same compensation per folio as is prescribed for publishing other legal notices.

Common Schools

Sec. 413. The formation of any school district shall be by written order of tlie Town Board, describing the territory embraced in the same, to be filed with the Town Clerk within twenty days after the making thereof. The Supervisors shall deliver to a taxable inhabitant of the district their notice thereof in writing, describing its boundaries, and appointing a time and place for the first district meeting, and shall therein direct such inhabitant to notify every qualified voter of the district, either personally or by leaving a written notice at his place of residence, of the time and place of such meeting, at least five days before the time appointed therefor, and said inhabitant shall notify the voters of such district accordingly, and indorse thereon a return containing the names of all persons thus notified, and said notice and return shall be recorded as a part of the record of the first meeting in such district.

Sec. 414. In case such notice shall not be given, or the inhabitants of a district shall neglect or refuse to assemble and form a district meeting when so notified, or in case any school district having been formed or organized shall afterward be disorganized, so that no competent authority shall exist therein to call a special district meeting, in the manner hereinafter provided, notice shall be given by the Town Board, and served in the manner prescribed in the preceding section. Whenever a district meeting shall be called as prescribed in this and the preceding section, it shall be the duty of the electors of the district to assemble at the time and place so directed.

Sec. 415. Whenever it shall be necessary to form a district from two or more adjoining towns, the Town Boards of such towns shall meet together and form such districts by their written order, describing the territory embraced in such district, signed by at least two of the Supervisors of each town ; and shall file one such order with the Town Clerk of each town, and deliver the notice of formation to a taxable inhabitant of such district, and cause the same to be served and returned in the time and manner hereinbefore prescribed ; and any such district may be altered only by the joint action of tiie Town Boards of such towns in the same manner that Other districts are altered.

Sec. 416. Every school district shall be deemed duly organized when any two of the officers elected at the first legal meeting thereof shall have consented to serve in the offices to which they have been respectively elected, by a written acceptance thereof filed with the clerk of the first meeting, and recorded in the minutes thereof; and every school district shall be considered

Abstract Of Laws

Sec. 425. The annual meeting of all school districts in which graded schools of two or more departments are taught, shall be held on the second Monday of July, and of all other school districts on the last Monday of September, in each year. The hour of such meeting shall be seven o'clock in the afternoon, unless otherwise provided by a vote of the district, duly recorded at the last previous annual meeting ; but at any annual meeting a majority of the electors present may determine that the annual meeting of such district shall be held on the last Monday of August instead of the last Monday of September. Said determination to take eftect when a copy of the proceedings of said annual meeting in reference to such change shall have been filed with the Town Clerk in which the schoolhouse of such district is situated, and to remain in force until rescinded by a like vote of the electors of such district.

Sec. 426. The Clerk shall give at least six days' previous notice of every annual district meeting, by posting notices thereof in four or more public places in the district, one of which shall be affixed to the outer door of the schoolhouse, if there be one in the district, and he shall give like notices for every adjourned district meeting when such meeting shall have been adjourned for more than one month ; but no annual meeting shall be deemed illegal for want of due notice, unless it shall appear tliat the omission to give such notice was willful and fraudulent.

Sec. 427. Special district meetings may be called by the Clerk, or, in his absence, by the Dii'ectors or Treasurer, on written request of five legal voters of the district, in the manner prescribed for calling an annual meeting ; and the electors, when lawfully assembled at a special nu eting, shall have power to transact the same business as at the first and each annual meeting, except the election of oificers. The business to be transacted at any special meeting shall be particularly specified in the notices calling the same, and said notices shall be posted six full days prior to the meeting. No tax or loan or debt shall be voted at a special meeting, unless three-fourths of the legal voters shall have been notified, either personally or by a written notice left at their places of residence, stating the time and place and objects of the meeting, and specifying the amount proposed to be voted, at least six days before the time appointed therefor.

Sec. 428. Every person shall be entitled to vote in any school district meeting who is qualified to vote at a general election for State and county officers, and who is a resident of such school district.

Assessment And Collection Of District Taxes

Sec. 469. All school district taxes, unless otherwise specially provided by law, shall be assessed on the same kinds of property as taxes for town and county purposes; and all personal property which, on account of its location or the residence of its owner, is taxable in the town, shall, if such locality or residence be in the school district, be likewise taxable for school district purposes.

Borrowing Money

Sec. 474. Whenever, upon any unusual exigency, any school district shall, before the annual meeting, vote a special tax to be collected with the next levy, the district may, by vote, authorize the District Board to borrow for a period not exceeding one year a sum not exceeding the amount of such tax, and by such vote set apart such tax when collected to repay such loan, and thereupon the District Board may borrow such money of any person and on such terms and execute and deliver to the lender such obligation therefor, and such security for the repayment, including a mortgage or pledge of any real or personal property of the disti'ict, subject to the directions contained in the vote of the district as may be agreed upon and not prohibited by law.

Sec. 498. Every District Clerk who shall willfully negl°ct to make the annual report for his district as required by law shall be liable to pay the whole amount of money lost by such

Sec. 499. Every Town Clerk who shall neglect or refuse to make and deliver to the County Superintendent his annual report, as required in this chapter within the time limited therefor, shall be liable on his official bond to pay tiie town the amount which such town or any school district therein, shall lose by such neglect or refusal, with interest thereon ; and every Countv Superintendent who shall neglect or refuse to make the report required of him by this chapte'r to the State Superintendent shall be liable to pay to each town the amount which such town or any school district therein shall lose by such neglect or refusal, with interest thereon, to be recovered in either case in an action prosecuted by the Town Treasurer in the name of the town.

Sec. 503. Every member of a district board in any school district in this State in which a list of text-books has been adopted according to law, who shall, within three years from the date of such adoption, or thereafter, without the consent of the State Superintendent, order a change of te.xt-books in such district, shall forfeit the sum of fifty dollars.

Sec. 513. Every woman of twenty-one years of age and upward may be elected or appointed as director, treasurer or clerk of a school district, director or secretary of a town board under the township system ; member of a board of education in cities, or county superintendent.

Assessment Of Taxes

Sec. 1035. The terms "real property," "real estate" and "land," when used in this title, shall include not only the land itself, but all buildings, fixtures, improvements, rights and privileges appertaining thereto.

Sec. 1036. The term " personal property," as used in this title, shall be construed to mean and include toll-bridges, saw-logs, timber and lumber, either upon land or afloat, steamboats, ships and other vessels, whether at home or abroad ; buildings upon leased lands, if such buildings have not been included in the assessment of the land on which they are erected ; ferry-boats, including the franchise for running the same ; all debts due from solvent debtors, whether on account, note, contract, bond, mortgage or other security, or whether .such debts are due or to become due ; and all goods, wares, merchandise, chattels, moneys and eff"ects of any nature or description having any real or marketable value and not included in the term " real property," as above defined.

Sec. 1037. The improvements on all lands situated in this State, which shall have been entered under the provisions of the act of Congress entitled " An act to secure homesteads to actual settlers on the public domain," approved May twentieth, one thousand eight hundred and sixty-two, and which shall be actually occupied and improved by the person so entering the same, or his heirs, shall be subject to taxation, and such improvements shall be assessed as personal property. All taxes levied thereon shall be collected out of the personal property of the occupant of such lands, and in no other manner.

used exclusively for the purposes of such association, and the real property, if not leased, or not otherwise used for pecuniary profit, necessary for the location and convenience of the buildings of such association, and embracing the same not exceeding ten acres : and the lands reserved for grounds of a chartered college or university, not exceeding forty acres ; and parsonages, whether of local churches or districts, and occupied by the pastor permanently or rented for his benefit. The occasional leasing of such buildings for schools, public lectures or concerts, or the leasing of such parsonages, shall not render them liable to taxation.

4. Personal property owned and used exclusively by the Stale or any county agricultural society, and the lands owned and used by any such society exclusively for fair grounds.

6. Fire engines and other implements used for extinguishing fires, owned or used by any organized fire company, and the buildings and necessary grounds connected therewith, owned by such company, and used exclusively for its proper purposes.

12. Provisions and fuel provided by the head of a family to sustain its members for six months ; but no person paying board shall be deemed a member of a family.

14. The track, right of way, depot grounds, buildings, machine-shops, rolling-stock and other property necessarily used in operating any railroad in this State belonging to any railroad company, including pontoon, pile and pontoon railroads, and shall henceforth remain exempt from taxation for any purpose, except that the same shall be subject to special assessments for local improvements in cities and villages and all lands owned or claimed by such railroad company not adjoining the track of such company, shall be subject to all taxes. The provision of this subdivision shall not apply to any railroad that now is or shall be operated by horse-power, whether now or hereafter constructed in any village or city.

16. The real estate of the Home of the Friendless in the city of Milwaukee, not exceeding one lot in amount, is exempted, so long as the same shall continue to be used as such home.

17. All property of any corporation or association formed under the laws of this State for the encouragement of industry by agricultural and industrial fairs and exhibitions, which shall be necessary for fair grounds, while used exclusively for such fairs and exhibitions, provided the quantity of land so exempt shall not exceed forty acres.

Sec. liyL Real property, upon which the county holds any certificates of tax sale, shall continue liable to taxation and to sale for unpaid taxes, and the county shall be the exclusive purchaser at the sale ; but when a tax deed shall be issued to the county, and it shall hold tax certificates of sale unredeemed on the same property for two successive years subsequent to the date of the sale on which such deed shall issue, including certificates of sale made prior to the passage of these statutes, such property shall thereafter be exempt from taxation until the same is sold by the county. The County Clerk shall annually, before the first day of June, furnish to the Assessors of each town a list of the lands in such town exempt under this section. Nothing in this section shall be so construed as to apply to lands owned by minors, married women, widowed women, idiots or insane persons.

Collection Of Taxes

Sec. 1089. The Town Treasurer of each town, on the receipt of the tax-roll for the current year, shall forthwith post notices in three or four public places in such towns, that the taxroll for such town is in his hands for collection, and that the taxes charged therein are subject to payment at his office at any time prior to the first day of January in such year; and after the said first day of January he shall proceed to collect the taxes charged in such roll and r'iinaining unpaid, and for that purpose shall call at least once on the person taxed, or at any place of his usual residence, if within the town, and demand payment of the taxes charged to him on such roll.

Sec. 1090. On all taxes paid or tendered at the office of such Treasurer prior to said first day of January, he shall remit all of the 5-per-cent collection fees, except so much thereof as he is authorized by law to have for his fees upon taxes so paid.

Sec. 1091. Town orders shall be receivable for taxes in the town where issued, and shall be allowed the Town Treasurer on settlement of town taxes; and county orders and jurors' certificates shall be receivable for taxes in the county where issued, and shall be allowed such Treasurer on settlement of county taxes with the County Treasurer, but no Town Treasurer shall receive town orders in payment for taxes to a larger amount than the town taxes included in his assessment-roll exclusive of all taxes for school purposes, nor county orders and jurors* certificates to a greater amount than the county tax included therein.

Sec. 1097. In case any person shall refuse or neglect to pay the tax imposed upon him, the Town Treasurer shall levy the same by distress and sale of any goods and chattels belonging to such person, wherever the same may be found within his town ; and if a sufficient amount of such property cannot be found in such town, the Town Treasurer may levy the same by distress and sale of the goods and chattels belonging to such person, wherever the same may be found in the county or in any adjoining counties.

Sec. 1098. The Town Treasurer shall give public notice of the time and place of such sale, at least six days previous thereto, by advertisement, containing a description of the property to be sold, to be posted up in three public places in the town where the sale is to be made. The sale shall be at public auction, in the daytime, and the property sold shall be present ; such property may be released by the payment of the taxes and charges for which the same is liable, to be sold ; if the purchase-money on such sale shall not be paid at such time as the Treasurer may require, he may again, in his discretion, expose such property for sale, or sue, in his name of office, the purchaser for the purchase-money, and recover the same with costs and lO-per-centum damages.

Sec. 1099. If the property so levied upon shall be sold for more than the amount of tax and costs, the surplus shall be returned to the owner thereof; and if it cannot be sold for want of bidders, the Treasurer shall return a statement of the fact, and return the property to the person from whose possession he took the same ; and the tax, if unsatisfied, shall be collected in the same manner as if no levy had been made.

Highways And Bridges

Sec. 1223. The Supervisors of the several towns shall have the care and supervision of the highways and bridges therein, and it shall be their duty : described, and such as have been lawfully laid out and used as such up to the then present time, but not fully and sufficiently recorded, to be ascertained, described and entered of record in the Town Clerk's office.

4. To divide their respective towns into so many road districts as they shall judge convenient, and specify every such division in writing under their hands, to be recorded in the office of the Town Clerk ; but no such division shall be made within ten days next preceding the annual town meeting.

their respective towns as they may deem necessary and proper ; to discontinue such roads as shall appear to them to have become unnecessary, and to widen or alter such roads when they shall deem necessary for public convenience, and perform all other duties respecting highways and bridges directed by this chapter.

Intoxicating Liquors

Sec. 1548. The Town Boards, Village Boards and Common Councils of the respective towns, villages and cities may grant license to such persons as they may deem proper, to keep groceries, saloons or other places, within their respective towns, villages or cities, for the sale in quantities less than one gallon of strong, spirituous, malt, ardent or' intoxicating liquors, to be drank on the premises ; and in like manner may grant licenses for the sale in any quantity of such liquors not to be drank on the premises. The sum to be paid for such license for the sale of such liquor to be drank on the premises shall not be less than twenty-five nor more than one hundred and fifty dollars ; and for the sale of such liquors not to be drank on the premises shall be not less than ten nor more than forty dollars.

Sec. 1549. Every applicant for such license shall, before delivery thereof, file with such town, village or city clerk a bond to the State in the sum of five hundred dollars, with at least two sureties, to be appi-oved by the authorities granting the license, who shall each justify in double its amount over and above their debts and liabilities and exemptions, and be freeholders and residents of the county, conditioned that the applicant, during the continuance of his license will keep and maintain an orderly and well-regulated house ; that he will permit no gambling with cards, dice or any device or implement for that purpose, within his premises or any out-house, yard or shed appertaining thereto ; that he will not sell or give away any intoxicating liquor to any minor, having good reason to believe him to be such, unless upon the written order of the parents or guardian of such minor, or to persons intoxicated or bordering upon intoxication, or to habitual drunkards ; and that he will pay all damages that may be recovered by any person, and that he will observe and obey all orders of such Supervisors, Trustees or Aldermen, or any of them, made pursuant to law. In case of the breach of the condition of any such bond, an action may be brought thereon in the name of the State of Wisconsin, and judgment shall be entered against the principals and sureties therein named for the full penalty thereof; and execution may issue thereupon by order of the court therefor, to satisfy any judgment that may have been recovered against the principal named in said bond, by reason of any breach in the conditions thereof, or for any penalties of forfeitures incurred under this chapter. If more than one judgment shall have been recovered, the court, in its discretion, may apply the proceeds of said bond toward the satisfaction of said several judgments, in whole or in part, in such manner as it may see fit.

Sec. 1550. If any person shall vend, sell, deal or traffic in or for the purpose of evading this chapter, give away, any spirituous, malt, ardent or intoxicating liquors or drinks in any quantity whatever without first having obtained license therefor, according to the provisions of this chapter, he shall be deemed guilty of a misdemeanor, and, on conviction thereof shall be punished by fine of not less than ten nor more than forty dollars, besides the costs of suit, or, in lieu of such fine, by imprisonment in the county jail of the proper county not to exceed sixty days nor less than twenty days ; and, in case of punishment by fine as above provided, such person shall, unless the fine and costs be paid forthwith, be committed to the county jail of the proper county until such fine and costs are paid, or until discharged by due course of law ; and, in case of a second or any subsequent conviction of the same person during any one year, the punishment may be by both fine and imprisonment, in the discretion of the court.

Sec. 1551. Upon complaint made to any Justice of the Peace by any person that he knows or has good reason to believe that an offense against this chapter, or any violation thereof, has been committed, he shall examine the complainant on oath, and he shall reduce such complaint to writing and cause the same to be subscribed by the person complaining. And if it shall appear to such Justice that there is reasonable cause to believe that such offense has been committed, he shall immediately issue his warrant, reciting therein the substance of such complaint and requiring the officer to whom such warrant shall be directed forthwith to arrest the accused and bring him before such Justice, to be dealt with according to law ; and the same warrant may require the officer to summon such persons as shall be therein named to appear at the trial to give evidence.

Sec. 1552. The District Attorney of the proper county shall, on notice given to him by the Justice of the Peace before whom any such complaint shall be made, attend the trial before such Justice and conduct the same on behalf of the State.

Sec. 1553. Every supervisor, trustee, alderman and justice of the peace, police oflicer> marshal, deputy marshal and constable of any town, village or city who shall know or be credibly informed that any offense has been committed against the provisions of this chapter shall make complaint against the person so offending within their respective towns, villages or cities to a proper Justice of the Peace therein, and for every neglect or refusal so to do every such oflGcer shall forfeit twenty-five dollars, and the Treasurer of such town, village or city shall prosecute therefor.

Sec. 1557. Any keeper of any saloon, shop or place of any name whatsoever for the sale of strong, spirituous or malt liquors to be drank on the premises in any quantity less than one gallon, who shall sell, vend or in any way deal or traffic in or for the purpose of evading this chapter, give away any spirituous, ardent or malt liquors or drinks in any quantity whatsoever to or with a minor, having good reason to believe him to be such, or to a person intoxicated or bordering on a state of intoxication, or to any other prohibited person before mentioned, shall be deemed guilty of a misdemeanor ; nor shall any person sell or in any way deal or traffic in, or, for the purpose of evading this chapter, give away, any spirituous, ardent, intoxicating or malt liquors or ilrinks in any quantity whatsoever within one mile of either of the hospitals for the insane ; and any person who shall so sell or give away any such liquors or drinks shall be deemed guilty of a misdemeanor.

Bills Of Exchange And Promissory Notes

Sec. 1675. All notes in writing made and signed by any person or for any corporation, and all certificates of the deposit of money issued by any person or corporation, whereby he or it shall promise to pay to any person or order, or unto the bearer, any sum of money, as therein mentioned, shall be due and payable as therein expressed, and shall have the same effect and shall be negotiable in like manner as inland bills of exchange, according to the custom of merchants. But no order drawn upon or accepted by the Treasurer of any county, town, city, village or school district, whether drawn by any ofiicer thereof or any other person, and no obligation nor instrument made by such corporation or any officer thereof, unless expressly authorized by law to be made negotiable, shall be, or shall be deemed to be, negotiable according to the customs of merchants, in whatever form they may be drawn or made.

Sec. 1680. On all bills of exchange payable at sight, or at future day certain, within this State, and all negotiable promissory notes, orders and drafts payable at a future day certain, within this State, in which there is not an express stipulation to the contrary, grace should be allowed in like manner as it is allowed by the custom of merchants on foreign bills of exchange payable at the expiration of a certain period after date or sight. The provisions of this section shall not extend to any bill of exchange, note or draft payable on demand.

Sec. 1684. All notes, drafts, bills of exchange or other negotiable paper maturing on Sunday or upon any legal holiday shall be due and payable on the next preceding secular day.

Hours Of Labor

Sec. 1728. In all manufactories, work-shops and other places used for mechanical or manufacturing purposes, the time of labor of children under eighteen years of age and of women employed therein, shall not exceed eight hours in one day ; and any employer, stockholder, director, officer, overseer, clerk or foreman who shall compel any woman or any child to labor exceeding eight hours in any one day, or who shall permit any child under fourteen years of age to labor more than ten hours in any one day in any such place, if he shall have control over such child sufficient to prevent it, or who shall employ at manual labor any child under twelve years of age in any factory or work-shop where more than three persons are employed, or who shall employ any child of twelve and under fourteen years of age in any such factory or workshop for more than seven months in any one year, shall forfeit not less than five nor more than fifty dollars for each such offense.

Sec. 1729. In all engagements to labor in any manufacturing or mechanical business, where there is no express contract to the contrary, a day's work shall consist of eight hours, and all engagements or contracts for labor in such cases shall be so construed ; but this shall no/ apply to any contract for labor by the week, month or vear.

Form Of Conveyances

Sec. 2207. A deed of quitclaim and release of the form in common use or of the form hereinafter provided, shall be sufficient to pass all the estate which the grantor could lawfully convey by deed of bargain and sale.

Warranty Deed

Such deeds, when executed and acknowledged as required by law, shall, when of the first of the above forms, have the effect of a conveyance in fee simple to the grantee, his heirs and assigns of the premises therein named, together with all the appurtenances, rights and privileges thereto belonging, with a covenant from the grantor, his heirs and personal representatives, that he is lawfully seized of the premises : has good right to convey the same ; that he guarantees the grantee, his heirs and assigns in the quiet possession thereof ; that the same are free from all incumbrances, and that the grantor, his heirs and personal representatives will forever warrant and defend the title and possession thereof in the grantee, his heirs and assigns against all lawful claims whatsoever. Any exceptions to such covenants may be briefly inserted in such deed, following the description of the land ; and when in the second of the above forms, shall have the effect of a conveyance in fee simple to the grantee, his heirs and assigns, of all the right, title, interest and estate of the grantor, either in possession or expectancy, in and to the premises therein described, and all rights, privileges and appurtenances thereto belonging.

when executed and acknowledged according to law shall have tlie effect of a conveyance of the land therein described, together with all the rights, privileges and appurtenances thereunto belonging in pledge to the mortgagee, his heirs, assigns and legal representatives for the payment of the indebtedness therein set forth, with covenant from the mortgagor that all taxes and assessments levied and assessed upon the land described during the continuance of the mortgage shall be paid previous to the day appointed by law for the sale of lands for taxes, as fully as the forms of mortgage now and heretofore in common use in this State, and may be foreclosed in the same manner and with the same effect, upon any default being made in any of the conditions thereof as to payment of either principal, interest or taxes.

Assignment Of Mortgage

Sec. 2210. An assignment of a mortgage substantially in the following form : For value received I, A B, of Wisconsin, hereby assign to C D, of , Wisconsin, the within mortgage (or a certain mortgage executed to by E F and wife, of shall be sufficient to vest in the assignee for all purposes all the rights of the mortgagee under the mortgage, and the amount of the indebtedness due thereon at the date of assignment. Such assignment, when indorsed upon the original mortgage, shall not require an acknowledgment in order to entitle the same to be recorded.

Title To Real Property By Descent

Sec. 2270. When any person shall die, seized of any lands, tenements or hereditaments, or any right thereto, or entitled to any interest therein in fee simple, or for the life 'of another, not having lawfully devised the same, they shall descend subject to his debts, except as provided in the next section, in the manner following : of representation; and if there be no child of the intestate living at liis death, his estate sh^I descend to all his other lineal descendants ; and if all the said descendants are in the same degree of kindred to the intestate, they shall share the estate equally, otherwise they shall take according to the right of representation.

to his parents, if living ; and if either shall not be living, the survivor shall inherit his said estate. If a woman shall die, leaving no issue, her estate shall descend to her husband, if she shall have one afthe time of her decease, and if she shall leave, surviving her, neither issue nor husband, to her parents, if living ; and if either shall not be living, the survivor shall inherit her said estate.

his estate shall descend to his next of kin in equal degree, except that when there are two or more collateral kindred in equal degree, but claiming through different ancestors, those who claim through the nearest ancestor shall be preferred to those claiming through an ancestor more remote; provided, however, 6. If any person die leaving several children, or leaving one child, and the issue of one or more other children, and any such sui'viving child shall die under age, and not having been married, all the estate that came to the deceased child, by inheritance from such deceased parent, shall descend in equal shares to the other children of the same parent, and to the issue of any such other children who shall have died, by right of representation.

the other children of his said parent shall also be dead, and any of them shall have left issue, the estate that came to said child by inheritance from his said parent, shall descend to all the issue of the other children of the same parent ; and if all the said issue are in the same degree of kindred to said child, they shall share the said estate equally ; otherwise they shall take according to the right of representation.

and be added to the capital of the school fund. Sec. 2271. When the owner of any homestead shall die, not having lawfully devised the same, such homestead shall descend free of all judgments and claims against such deceased owner or his estate, except mortgages lawfully executed thereon, and laborers' and mechanics' liens, in the manner following :

Sbc. 2277. Every person of full age, and any married woman of the age of eighteen years and upward, being of sound mind, seized in his or her own right of any lands, or of any right thereto, or entitled to any interest therein, descendible to his or her heirs, may devise and dispose of the same by last will and testament in writing ; and all such estate not disposed of by will, shall descend as the estate of an intestate, being chargeable, in both cases, with the payment of all his debts or her debts, except as provided in the next preceding chapter, and in section twenty-two hundred and eighty.

Sec. 2278. Every devise of land in any will shall be construed to convey all the estate of the devisor therein, which he could lawfully devise, unless it shall clearly appear by the will that the devisor intended to convey a less estate.

Sec. 2279. Any estate, right or interest in lands acquired by the testator, after the making of his will, shall pass thereby in like manner as if possessed at the time of making the will, if such shall manifestly appear, by the will, to have been the intention of the testator.

Sec. 2280. When any homestead shall have been disposed of by the last will and testament of the owner thereof, the devisee shall take the same, free of all judgments and claims against the testator or his estate, except mortgages lawfully executed thereon, and laborers' and mechanics' liens.

Sec. 2281. Every person of full age, and every married woman of the, age of eighteen years and upward, being of sound mind, may, by last will and testament in writing, bequeath and dispose of all his or her personal estate remaining at his or her decease, and all his or her rights thereto and interest therein, subject to the payment of debts ; and all such estate not disposed of by the will shall be administered as intestate estate.

Sec. 2284. All beneficial devises, legacies and gifts whatsoever, made or given in any will to a subscribing witness thereto, shall be wholly void, unless there be two other competent subscribing witnesses to the same ; but a mere charge on the lands of the devisor for the payment of debts, shall not prevent his creditors from being competent witnesses to his will.

Sec. 2285. But if such witness, to whom any beneficial devise may have been made or given, would have been entitled to any share of the estate of the testator, in case the will was not established, then so much of the share that would have descended or been distributed to such witness as will not exceed the devise or bequest made to him in the will, shall be saved to him, and he may recover the same of the devisees or legatees named in the will, in proportion to and out of the parts devised or be((ueathed to them.

Sec. 2286. When any child shall be born, after the making of his parent's will, and no provision shall be made therein for him, such child shall have the same share in the estate of the testator as if he had died intestate ; and the share of such child shall be assigned to him, as provided by law, in case of intestate estates, unless it shall be apparent from the will that it was the intention of the testator that no provision should be made for such child.

Sec. 2290. No will, or any part thereof, shall be revoked, unless by burning, tearing, canceling or obliterating the same, with the intention of revoking it, by the testator, or by some person in his presence, and by his direction, or by some other will or codicil in writing, executed as prescribed in this chapter, or by some other writing, signed, attested and subscribed in the manner provided in this chapter, for the execution of a will ; excepting, only, that nothing contained in this section shall prevent the revocation implied by law, from subsequent changes in the condition or circumstances of the testator. The power to make a will implies the power to revoke the same.

Of The Adoption Of Children

Sec. 4021. Any inhabitant of this State may petition the County Court, in the county of his residence, for leave to adopt a child not his own by birth ; but no such petition made by a married person shall be granted, unless the husband or wife of the petitioner shall join therein ; nor shall any such petition be granted, unless the child, if of the age of fourteen years, or more, shall consent thereto in writing, in the presence of the court.

Sec. 4022. No such adoption shall be made, without the written consent of the living parents of such child, unless the court shall find that one of the parents has abandoned the child, or gone to parts unknown, when such consent may be given by the parent, if any, having the care of the child. In case where neither of the parents is living, or if living, have abandoned the child, such consent may be given by the guardian of such child, if any ; if such child has no guardian, such consent may be given by any of the next of kin of such child, residing in this State, or, in the discretion of the court, by some suitable person to be appointed by the court.

2. In case of a child not born in lawful wedlock, such consent may be given by the mother, if she i3 living, and has not abandoned such child.

Sec. 4023. If upon such petition and consent, as herein provided, the County Court shall be satisfied of the identity and the relations of the persons, and that the petitioners are of sufficient ability to bring up, and furnish suitable nurture and education for the child, having reference to the degree and condition of its parents, and that it is proper that such adoption shall take effect, such court shall make an order, reciting said facts that, from and after the date thereof, such child shall be deemed, to all legal intents and purposes, the child of the petitioners ; and by such order the name of such child may be changed to that of the parents by adoption.

Sec. 4024. A child so adopted, shall be deemed for the purposes of inheritance and succession by such child, custody of the person and right of obedience by such parents by adoption, and all other legal consequences and incidents of the natural relation of parents and children, the same to all intents and purposes as if such child had been born in lawful wedlock of such parents by adoption, excepting that such child shall not be capable of taking property expressly limited to the heirs of the body of such parents.

The natural parents of such child shall be deprived, by such order of adoption, of all legal rights whatsoever, respecting such child, and such child shall be freed from all legal obligations of maintenance and obedience to such natural parents.

Interest

The legal rate of interest is 7 per cent. A higher rate of interest, not exceeding 10 per cent, may be contracted for, but the same must be clearly expressed in writing. If a higher rate than 10 per cent is collected or paid, the party so paying may, by himself or his legal representative, recover treble the amount so paid above the 10 per cent, if the action is brought within one year, and all bills, notes, or other contracts whatsoever, whereby a higher rate than 10 per cent is secured, shall be liable for the principal sum, but no interest shall be recovered.

Jurisdiction Of Courts

The Circuit Courts have general jurisdiction over all civil and criminal actions within their respective circuits, subject to a re-examination by the Supreme Court.

The County Courts shall have jurisdiction over the probate matters in their respective counties, and shall have exclusive appellate jurisdiction in the counties of Brown, Dodge, Fond du Lac, Milwaukee and Winnebago in all cases of appeals from Justices of the Peace in civil actions, and all cases commenced in Justices' Courts therein, there shall be an answer put in, showing that the title of lands will come in question.

And such Courts shall have concurrent and equal jurisdiction in all civil actions and proceedings with the Circuit Courts of said counties to the following extent respectively :

The County Court of Brown, when the value of the property in controversy, after deducting all payments and set-off's, shall not exceed five thousand dollars.

They shall have jurisdiction of all actions for foreclosure where tiie value does not exceed the above amounts, and of all actions for divorce or for affirmation or annuUment of marriage contract.

All persons who are citizens of the United States, and qualified electors of the State shall be liable to be drawn as jurors, except as provided as follows :

All officers of the United States, the Governor, Lieutenant Governor, Secretary of State, Attorney General, State Superintendent and Treasurer ; all Judges, Clerks of Courts of Record ; all county officers, Constables, attorneys and counselors at law, ministers of the Gospel of any religious society, practicing physicians, surgeons, dentists, and the President, pi-ofessors and instructors of the University and their assistants, and of the several colleges and incorporated academies ; all teachers of the State Normal Schools, one teacher in each common school, the officers and employes of the several State institutions, one miller in each grist-mill, one ferryman at each licensed ferry, one dispensing druggist in each prescription drug-store, all telegraph operators and superintendents, conductors, engineers, firemen, collectors and station-agents of any railroad or canal, while in actual employment as such ; all officers of fire departments, and all active members of fire companies organized according to law ; all persons more than sixty years of age, and all persons of unsound mind or subject to any bodily infirmity amounting to disability ; all persons who have been convicted of any infamous crime, and all persons who have served at any regular term of the Circuit Court as a grand or petit juror within one year, except he shall be summoned on a special venire or as a talesman.

Weights And Measures

Whenever either of the articles, as commodities hereafter mentioned, shall be sold by the bushel, and no special agreement as to measure or weight thereof shall be made by the parties, the measure shall be ascertained by weight, and shall be computed as follows:

Fifty pounds for a bushel of green apples ; fifty-six pounds for a bushel of rutabagas, flaxseed, rye or Indian corn shelled, and seventy pounds of Indian corn unshelled; fifty pounds for a bushel of rape seed, buckwheat, beets, carrots or onions ; forty-eight pounds for a bushel of barley ; forty-five pounds for a bushel of timothy seed ; forty-four pounds for a bushel of pai-snips ; forty-two pounds for a bushel of common flat turnips ; thirty-two pounds for a bushel of oats ; and twenty-eight pounds for a bushel of dried apples or dried peaches.

No person shall sell, buy or receive in store any grain at any weight or measure per bushel other than the standard weight or measure per bushel fixed by law ; and, for any violation, the offender shall forfeit not less than five nor more than fifty dollars.

Damages For Trespass

Any person who shall willfully, maliciously or wantonly destroy, remove, throw down or injure any fence, hedge or wall inclosing any orchard, pasture, meadow, garden, or any field whatever on land belonging to or lawfully occupied by another, or open and leave open, throw down, injure, remove or destroy any gate or bars in such fence, hedge or wall, or cut down, root up, sever, injure, destroy or carry away when severed, any fruit, shade, ornamental or other tree, or any shrub, root, plant, fruit, flower, grain or other vegetable production, or dig up, sever or carry away any mineral, earth or stone, or tear down, mutilate, deface or injure any building, signboard, fence or railing, or sever and carry away any part thereof, standing or being upon the land of another or held in trust, or who shall willfully, maliciously or wantonly cut down, root up, injure, destroy or remove or carry away any fruit, ornamental or other tree, or any shrub, fruit, flower, vase or statue, arbor, or any ornamental structure, standing or being in any street or public ground in any city or village, in any private inclosure or highway, or destroy, remove, mutilate or injure any milestone or board, or any guide-post or board erected in any highway or public way, or on any turnpike, plank-road or railroad, or deface or obliterate any device or inscription thereon, or cut down, break down, remove, mutilate or injure any monument erected or tree marked for the purpose of designating the boundaries of any town or tract of land or subdivision thereof, or deface or obliterate any figures, letters, device or inscription thereon, made for such purpose, or break, remove, destroy or injure any post, guard, railing or lamp-post or lamp thereon, erected or being on any bridge, street, sidewalk, alley, court, passage, park, public ground, highway, turnpike, plank or rail road, or extinguish or break any lamp on any such lamp-post, or tear, deface, mutilate or injure any book, map, pamphlet, chart, picture or other property belonging to any public library, or take and carry away the same with intent to convert to his own use, or shall injure or destroy any personal property of another, shall be punished by imprisonment in the county jail not more than six months, or by fine not exceeding one hundred dollars.

Any person who sBall willfully, maliciously or wantonly kill, maim, mutilate, disfigure or injure any hoi'se, mule, cattle, sheep or other domestic animal of another, or administer poison to such animal, or expose any poison, with intent that the same may be taken or swallowed by such animal ; and any person who shall overdrive, overwork, overload, maim, wound, torture, torment, cruelly beat or kill any sucli animal belonging to himself or another, or being the owner or having the care or charge thereof, shall fail to provide necessary food, water or shelter for any such animal, or who shall turn out and abandon, without proper care and protection, or cruelly work any such animal when old, diseased, disabled or unfit for work, or shall carry or confine any live animal, fowl or bird, in a cruel or inhuman manner, or who shall cause, procure or abet any cruelty above mentioned, or the fighting or baiting of bulls, dogs or cocks, shall be punished by imprisonment in the county jail not more than six months or by fine not exceeding one hundred dollars.

No stray, except horses and mules, shall be taken up by any person not a resident of the town in which it is found ; nor unless it is found upon land owned or occupied by him. Every finder for a stray must notify the owner, if he is known, within seven days, and request him to pay all reasonable charges and take the stray away. If the owner is not known, he must file a notice with the Town Clerk within ten days, who shall transmit a copy thereof to the County Clerk.

If the stray is not worth five dollars, the finder shall po?t a copy of such notice in two public places in such town ; if it exceed five dollars in value, he shall publish such notice four successive weeks either in some newspaper published in the county or in an adjoining county, if one be published nearer his residence than any published in his county ; but if no newspaper is published within twenty miles of his residence, then he must post such notice in three public places in his county. Such notice shall describe the stray by giving its marks, natural or artificial, as near as possible, the name and residence of the finder, specifying the section and town, and tlie time when such stray was taken up. For neglect to post up or publish as required, the finder shall be liable to double the amount of damages sustained by the owner. For neglect to post or publish for one year, the finder shall be liable for its full value, to be recovered in the name of the town, and the amount recovered to be added to the school fund of such town.

The finder shall, within one month, cause the stray to be appraised by a Justice of the Peace and a certificate of such appraisal signed by such Justice filed in the Town Clerk's office. The finder shall pay the Justice fifty cents for such certificate, and ten cents per mile for each mile necessarily traveled to make the same.

The owner may have the same restored to him any time within one year after such notice is filed in the town Clerk's ofiice, by pi'oving that the stray belongs to him, and paying all lawful charges incurred in relation to the same. If the owner and finder cannot agree as to the charges, either party, on notice to the other, may apply to a Justice of such town to settle the same, who, for that purpose, may examine witnesses upon oath, and tlie amount found due, with the costs, sliali be a lien upon sucli stray. If no owner applies for the return of such stray, as provided, and the same is not worth more than ten dollars, it shall become the absolute property of such finder ; but if the appraisal shall exceed ten dollars, it shall be sold at public auction by the Sheriff or any Constable of the county, on the request of the finder, and he shall be entitled to one-half the proceeds, and the other half shall be paid to the Treasurer of the town within ten days. If the finder shall neglect or refuse to cause such sale, he shall pay to the town the value of such stray, to be recovered by the town.

If any person, without the consent of the owner, shall take away such stray, without first paying the lawful charges, he shall be liable to the finder for the value of such stray. If the finder shall neglect to do any act prescribed above, he shall be precluded from acquiring any right in such stray, and from receiving any charges or expenses relative thereto.

The Overseers of Highways in their respective towns, the Aldermen of cities in their respective wards, and the Trustees of villages in their respective villages, shall be Fence Viewers, and in towns liaving less than three road districts, the Supervisors shall be Fence Viewers.

All fences four and a half feet high, and in good repair, consisting of rails, timber, boards or stone walls, or any combination thereof, and all brooks, rivers, ponds, creeks, ditches and hedges or other things which shall be considered equivalent thereto, in the judgment of the Fence Viewers, within whose jurisdiction the same may be, shall be deemed legal and sufficient fences. Every partition of a fence, or line upon which a fence is to be built, made by the owners of the adjoining lands, in writing, sealed and witnessed by two witnesses, or by Fence Viewers in writing, under their hands, after being recorded in the Town Clerk's office, shall oblige such owners and their heirs, as long as they remain owners, and after parting with the ownership, until a new partition is made. A division of a partition fence, or line upon which a partition fence between adjoining lands shall be built, may be made by Fence Viewers in the following cases :

Provenance

Text from The History of Columbia County, Wisconsin, Containing an Account of Its Settlement .., published 1880, in the public domain in the United States and digitised by the Internet Archive.