New Berlin City (part 1 of 5)

Electors And General Elections

Sec. 12. Every male person of the age of twenty-one years or upward, belonging 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 :

2. Persons of foreign birth who shall have declared their intention to become citizens conformably to the laws of the United States on the subject of naturalization.

-i. Civilized persons of Indian descent not members of any tribe. Every person convicted of bribery shall be excluded from the right of suifrage 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 oifer to vote, shall be permitted to vote at such election.

Sec. 14. The general election prescribed in the Constitution shall be held 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 elected in such year.

Sec. 15. All elections shall be held in each town at the place where the last town-meeting 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 Trustees of such village, or the Common Council of such city, at least ten days before such election, unless a different provision is made in the act incorporating such village or city.

Sec. 16. Whenever it shall beciome 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 for 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 proclamation 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.

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.

Such registration shall be made in the manner provided by this chapter. The persons uuthorized by law to act as In.spectors 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, they 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 they 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, omittmg 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 copy 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 thereof, and one copy shall be retained by each Inspector for revision and correction at the second meeting. They shall 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 may, 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 shall 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 oatns 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 the final registration of electors by appearing before the Board of Registration of his election district and establishing 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 shall 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 as 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 oflfice where deposited without charge.

Sec. 24. On election day the Inspectors shall designate two oftheirnumber 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 oflfering 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 of 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 off'ers 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 the 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 he 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 the 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 th6 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 the 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 Uf Laavs

Sec. 426. 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 effect 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 that 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 Directors 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 mieting, shall have power to transact the same business as at the first and each annual meeting, except the election of officers. 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 district, 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 neglect 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 the town the amount which such town or any school district therein, shall lose by such neglect or refusal, with interest thereon ; and every County Superintendent who shall neglect or refuse to make the report required of him by this chapter 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 text-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 efi"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 whether 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.

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. 1191. 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, 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 remaining 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 authdrized 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 exclusiye 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 10-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.

Abstract Of Laws

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. 6. To assign to each of the said road districts such of the inhabitants liable to pay taxes on highways as they think proper, having regard to the nearness of residence as much as practicable.

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. 1648. 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 approved 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 aiiy 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 per' son 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 ofiense 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 ofiicer> 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 officer 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 drinks 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 officer 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, oflBcer, 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 ofiense.

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, an(j 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 year.

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 atknowledged 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.

The mortgagor agrees to pay all taxes and assessments on said premises, and the sum of dollars attorney's fees in case of foreclosure thereof when executed and acknowledged according to law shall have the 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 his death, his estate shall 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 at the 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 diiFerent 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 surviving 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 :

Sec. 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 ail 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 tb.e 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 subscl-ibing 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 bequeathed 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 is 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 sufiicient 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 efi'ect, 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-ofis, shall not exceed five thousand dollars.

They shall have jurisdiction of all actions for foreclosure where the 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 ofiicers 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, professors 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, sis 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 parsnips ; 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.

Abstract Op Laws

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 shall willfully, maliciously or wantonly kill, maim, mutilate, disfigure or injure any horse, 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 such 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 prop6r 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 post a copy of such notice in two public places in such town ; if it exceed five dollars in vabie, 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 the 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 office, by proving 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 the amount found due, with the costs, shall be a lien upon such 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 having 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 :

1. When any owner of uninclosed lands shall desire to inclose the same, he may have the line between his land and the adjoining land of any other person divided, and the portion upon which the respective owners shall erect their share of the partition fence assigned, whether such adjoining land be inclosed or not.

2. When any lands belonging to diiferent persons in severalty, shall have been occupied in common, or without a partition fence between them, and one of the occupants shall be desirous to occupy his part in severalty, and the others shall refuse or neglect, on demand, to divide with him the line where the fence ought to be built, or to build a sufficient fence on his part of the line, when divided, the occupant desiring it may have the same divided, and the share of each assigned.

3. When any controversy shall arise about the right of the respective occupants in partition fences, or their obligations to maintain the same, either party may have the line divided, and the share of each assigned.

In either case, application may be made to two or more Fence Viewers of the town where the lands lie, who shall give reasonable notice in writing to each party, and they shall in writing under their hands, divide the partition fence or line, and assign to each owner or occupant his share thereof, and in the second and third cases direct within what time each party shall build or repair his share of the fence, having regard to the season of the year, and shall file such decision in the Town Clerk's office. If either party shall neglect or refuse to build or repair within the time so assigned, his part of the fence, the other may, after having completed his own part, build or repair such part, and recover double the expense thereof

Where the whole or a greater share than belongs to him has been built by one of the occupants, before complaint to the Fence Viewers, the other shall be obliged to pay for his share of such fence.

Where uninclosed land is afterward inclosed, the owner shall pay for one-half the partition fence upon the line between him and any other owner or occupant.

If any person shall determine not to keep inclosed any part of his land adjoining any partition fence, and shall give six months' notice of such determination to all adjoining occupants, he shall not be required to maintain any part of such fence during the time his lands shall lie open.

Landlord And Tenant

The atonement of a tenant to a stranger shall be absolutely void, and shall not in anywise effect the possession of his landlord, unless it be made

3. To a purchaser upon a judicial sale, who shall have acquired title to the lands by a conveyance thereof, after the period for redemption, if any, has expired. A tenancy, a will or sufferance may be determined by the landlord, giving one month's notice to quit, or the tenant giving one month's notice of his intention to quit, or if the terms of payment are for less than a month, notice equal to the time between payments, or for non-payment of rent, fourteen days' notice to quit. Such notice shall be served by delivering the same to such tenant, or to some person of proper age residing on the premises, or if no such person can be found, by affixing the same in a conspicuous part of the premises, where it may be conveniently read, and, at the expiration of the time required after the service of such notice, the landlord may re-enter, or maintain an action for the recovery of the possession thereof, or proceed in the manner prescribed by law to remove such tenant without further or other notice to quit. If, after giving notice of determination to quit, the tenant neglects or refuses to deliver up the premises, he shall be liable to double the rent agreed upon, to be collected the same as single rent.

Marks And Brands

Every Town Clerk shall, on application of any person residing in his town, record a description of the marks or brands with which such person may be desirous of marking his horses, cattle, sheep or hogs ; but the same description shall not be recorded or used by more than one resident of the same town. If any person shall mark any of his horses, cattle, sheep or hogs, with the same mark or brand previously recorded by any resident of the same town, and while the same mark or brand shall be used by such resident, he shall forfeit for every such offense $5 ; if any person shall willfully mark or brand any of the horses, cattle, sheep or hogs, of any other person with his mark or brand, he shall forfeit for every such offense $10 ; and, if any person shall willfully destroy or alter any mark or brand upon any of the horses, cattle, sheep or hogs of another, he shall forfeit $10, and pay to the party injured double damages.

Surveyors And Surveys

The surveyor may appoint and remove deputies at will, on filing a certificate thereof with the County Clerk. He shall be responsible on his bond for the faithful performance by every deputy of his duties.

(1.) To execute, himself or by his deputy, any survey which may be required of him by order of court, or upon application of any individual or corporation.

(2.) To make a record of the plat and field notes of each survey made by him or his deputies, in record books kept therefor, and to so arrange or index the same as to be easy of reference, and to file and preserve in his ofiice the original field notes and calculations thereof.

(3.) To safely keep all books, records, plats, files, papers and property belonging to his office ; afford opportunity to examine the same to any person desiring, and deliver the same to his successor in office.

(5.) To administer to every chainman and marker assisting in any survey, before commencing their duties as such, an oath or affirmation faithfully and impartially to discharge the duties of chainman or marker, as the case may be ; and the surveyor and his deputies are empowered to administer the same.

The surveyor and his deputies may demand and receive the following fees, except it be otherwise agreed upon with the parties employing them, to wit :

Support Of The Poor

Every town shall relieve and support all poor and indigent persons lawfully settled therein, whenever they shall stand in need thereof, excepting as follows :

The father, mother and children, being of sufficient ability, of any poor person, who is blind, old, lame, impotent or decrepit, so as to be unable to maintain himself, shall, at their own charge, relieve and maintain such poor person in such manner as shall be approved by the Supervisors of the town where such person may be, and, upon the failure of any such relative so to do, the Supervisors shall apply to the County Judge for an order to compel such relief.

Married Women

In Wisconsin, the marriage of a femme sole, executrix or administratrix, extinguishes her authority ; and of a female ward, terminates the guardianship as to custody of person, but not as to estate. The husband holds his deceased wife's lands for life, unless she left, by a former husband, issue to whom the estate might descend. Provisions exist by which powers may be given to married women, and regulating their execution of them. If husband and wife are impleaded, and the husband neglects to defend the rights of the wife, she applying before judgment, may defend without him ; and, if he lose her land, by default, she may bring an action for ejectment after his death. The real estate of females married before, and the real and personal property of those after February 21, 1850, remain their separate property. And any married woman may receive, but not from her husband, and hold any property as if unmarried. She may insure the life of her husband, son, or any other person, for her own exclusive benefit. The property of the wife remains to her separate use, not liable for her husband's debts, and not subject to his disposal. She may convey her separate property. If her husband desert her, or neglect her, she may become a sole trader; and she may insure his life for her benefit. Her husband is not liable for her debts contracted before marriage ; the individual earnings of the wife are her separate property, and she may sue, and be sued alone, in regard to the same. She may make and hold deposits in savings-banks. She may, by a separate conveyance, release her dower in any lands which her husband has conveyed.

If a woman has authority, she can transact all her husband's business for him ; and while they live together, the wife can buy all family things necessary for the support of the family, and for which he is liable.

The husband is responsible for necessaries supplied to his wife, if he does not supply them himself ; and he continues so liable, if he turns her out of his house, or otherwise separates himself from her without good cause. But he is not so liable, if she deserts him (unless on extreme provocation), or if he turns her away for good cause. If she leaves him, because he treats her so ill, that she has good right to go from him, this is the same thing as turning her away, and she carries with her his credit for all necessaries supplied to her ; but what the misconduct must be, to give this right, is uncertain. In America the law must be, and undoubtedly is, that the wife is not obliged to stay and endure cruelty and indecency.

If a man lives with a woman as his wife, and represents her to be so, he is responsible, the same as if she were his wife, even if it is known that she is not his wife.

All distinctions have been abolished, and there is now but one form, which must be prosecuted in the name of the real party in interest, except in case of executors, administrators and trustees, and which is begun by the service of a summons on the defendant, to be answered within twenty days.

Arrest

Defendant may be arrested : 1. In an action to recover damages not on contract, where the defendant is a non-resident, or is about to remove from the State, or where the action is for injury to the person or character, or for injury to, or wrong taking, detaining or converting property, or in an action to recover damages for property taken under false pretenses.

2. In an action for a fine or penalty or for money received or property embezzled or fraudulently misapplied by a public officer or attorney, solicitor, or counsel or officer of a corporation as such, or factor agent or broker, or for misconduct or neglect in official or professional employment.

4. Where the defendant was guilty of fraud in contracting the debt, or in concealing or disposing of the property for the taking, detaining or disposing of which the action is brought.

Attachment Garnishment

is allowed on an affidavit on behalf of the creditor, that he believes that any third person (naming him) has property effects, or credits of defendant, or is indebted to him, also in execution, on a similar affidavit.

Judgment

is a lien on real estate in the county where rendered from the date of docketing, and in other counties from the time of filing a transcript, and the lien continues for ten years. It bears interest at 7 per cent, or as high as 10 per cent if stipulated for in the contract.

Stay Laws

On sums not exceeding $10, exclusive of costs, one month ; between $10 and $30, two months ; between $30 and $50, three months ; over $50, four months.

A homestead not exceeding forty acres, used for agriculture and a residence, and not included in a town plat or a city or village ; or, instead, one-quarter of an acre in a recorded town plat, city or village. Also, 1, Family Bible ; 2, Family pictures and school-books ; 3, Private library ; 4, Seat or pew in church ; 5, Right of burial ; 6, Wearing-apparel, beds, bedsteads and bedding, kept and used in the family, stoves and appurtenances, put up and used, cooking utensils and household furniture to the value of $200, one gun, rifle or fire-arm to the Value of $50 ; 7, Two cows, ten swine, one yoke of oxen and one horse or mule, or, in iieu thereof, a span of horses or mules, ten sheep and the wool therefrom, necessary food for exempt stock for one year, provided or growing or both, one wagon, cart or dray, one sleigh, one plow, one drag and other farm utensils, including tackle for the teams to the value of $50 ; 8, Provisions and fuel for the family for one year ; 9, Tools and implements or stock-in-trade of a mechanic or miner, used and kept, not exceeding $200 in value, library and implements of a professional man to the value of $200 ; 10, Money arising from insurance of exempt property destroyed by fire; 11, Inventions for debts against the inventor; 12, Sewing-machines; 13, Sword, plate, books or articles presented by Congress or Legislature of a State ; 14, Printingmaterial and presses to the value of $1,500 ; 15, Earnings of a married person necessary for famDy support for sixty days previous to issuing process.

Limitations Of Actions

Real actions, twenty years ; persons under disabilities, five years after removal of the same. Judgments of Courts of Record of the State of Wisconsin and sealed instruments when the cause accrues within the State, twenty years. Judgments of other Courts of Record and sealed instruments accruing without the State, ten years. Other contracts, statute liabilities other than penalties and forfeitures, trespass on real property, trover detinue and replevin, six years. Actions against Sheriffs, Coroners and Constables, for acts done in their oflScial capacity, except for escapes, three years. Statutory penalties and forfeitures, libel, slander, assault, battery and false imprisonment, two years. Actions against Sheriffs, etc., for escapes, one year. Persons under disabilities, except infants, may bring action after the disability ceases, provided the period is not extended more than five years, and infants one year after coming of age. Actions by representatives of deceased persons, one year from death ; against the same, one year from granting letters testamentary or of administration. New promise must be in writing.

Commercial Terms

$ - Means dollars, being a contraction of U. S., which was formerly placed before any denomination of money, and meant, as it means now. United States currency.

@ - Stands for at or to ; ft) for pounds, and bbl. for barrels ; '^ for per, or hy the. Thus : Butter sells at 20@30c "f lb, and Flour at $8@12 f bbl. % for per cent., and | for numbers.

May 1. Wheat sells at $1.20@|1.25, " seller June." Seller June means that the person who sells the wheat has the privilege of delivering it at any time during the month of June.

Selling short is contracting to deliver a certain amount of grain or stock at a fixed price, within a certain length of time, when the seller has not the stock on hand. It is for the interest of the person selling short to depress the market as much as possible, in order that he may buy and fill his contract at a profit. Hence the " shorts " are termed " bears."

Buying long is to contrive to purchase a certain amount of grain or shares of stock at a fixed price, deliverable within a stipulated time, expecting to make a profit by the rise in prices. The " longs " are termed " bulls," as it is for their interest to " operate " so as to " toss " the prices upward as much as possible.

Suggestions To Those Purchasing Books By Subscription

The business of publishing books by subscription having so often been brought into disrepute by agents making representations and declarations not authorized by the publisher, in order to prevent that as much as possible, and that there may be more general knowledge of the relation such agents bear to their principal, and the law governing such cases, the following statement is made :

A subscription is in the nature of a contract of mutual promises, by which the subscriber , agrees to pay a certain sum for the work described ; the consideration is concurrent that the publisher shall publish the book named, and deliver the same, for which the subscriber is to pay the price named. The nature and character of the work is described by the prospectus and sample shown. These should be carefully examined before subscribing, as they are the basis and consideration of the promise to pay, and not the too often exaggerated statements of the agent, who is merely employed to solicit subscriptions, for which he is usually paid a commission for each subscriber, and has no authority to change or alter the conditions upon which the subscriptions are authorized to be made by the publisher. Should the agent assume to agree to make the subscription conditional or modify or change the agreement of the publisher, as set out by the prospectus and sample, in order to bind the principal, the subscriber should see that such condition or changes are stated over or in connection with his signature, so that the publisher may have notice of the same.

All persons making contracts in reference to matters of this kind, or any other business, should remember that the law as written is, that they cannot be altered, varied or rescinded verbally, but, if done at all, must be done in writing. It is therefore important that all persons contemplating subscribing should distinctly understand that all talk before or after the subscription is made, is not admissible as evidence, and is no part of the contract.

Persons employed to solicit subscriptions are known to the trade as canvassers. They are agents appointed to do a particular business in a prescribed mode, and have no authority to do it in any other way to the prejudice of their principal, nor can they bind their principal in any Other matter. They cannot collect money, or agree that payment may be made in anything else but money. They cannot extend the time of payment beyond the time of delivery, nor bind their principal for the payment of expenses incurred in their business.

It would save a great deal of trouble, and often serious loss, if persons, before signing their names to any subscription book, or any written instrument, would examine carefully what it is ; if they cannot read themselves call on some one disinterested who can.

Constitution Of The State Of Wisconsin Preamble

We, the People of Wisconsin, grateful to Almighty God for our freedom ; in order to secure its blessings, form a more perfect government, insure domestic tranquillity, and promote the general welfare, do establish this Constitution.

Declaration Of Rights

Section 1. All men are born free and independent, and have, among other rights, those of life, liberty and pursuit of happiness. Governments are instituted to secure these rights.

Sec. 8. Criminal offenses shall be prosecuted on presentment of a grand jury. No one shall be twice put in jeopardy for the same offense, nor be compelled to be a witness against himself Every one shall have the right of giving bail except in capital oflFenses ; and the writ of habeas corpus shall not be suspended, except in case of rebellion or invasion.

Sec. 10. Treason consists in levying war against the State, or giving aid and comfort to its enemies. Two witnesses are necessary to convict a person of the crime.

Section 1. The boundary of the State, beginning at the northeast corner of the State of Illinois, runs with the boundary line of Michigan, through Lake Michigan and Green Bay, to the mouth. of the Menominie River; up that stream and the Brule River to Lake Brule; along the southern shore of that lake to the Lake of the Desert ; thence in a direct line to the head of Montreal River ; down the main channel of that stream to the middle of Lake Superior ; thence through the center of said lake to the mouth of St. Louis River ; up the channel of that stream to the first rapids ; thence due south to the main branch of the St. Croix ; down that river and the Mississippi to the northwest corner of Illinois ; thence due east with the northern boundary of that State to the place of beginning.

Suffrage

Section 1. The qualified electors are all male persons twenty-one years of age or upward, who are (1.) white citizens of the United States ; (2.) who are white persons of foreign birth that have declared their intentions, according to law, to become citizens ; (3) who are persons of Indian blood and citizens of the United States ; and (4.) civilized Indians not members of any tribe.

Sec. 2. Persons under guardianship, such as are non compus mentis or insane, and those convicted of treason and felony and not pardoned, are not qualified electors.

Sec. 6. Persons convicted of bribery, larceny or any infamous crime, or those who bet on elections, may be excluded by law from the right of suffrage.

Legislative

Sec. 2. Members of the Assembly shall never number less than fifty-four, nor more than one hundred; of the Senate, not more than one-third, nor less than one-fourth of the members of the Assembly.

Sec. 3. Census shall be taken, every ten years, of the inhabitants of the State, beginning with 1855, when a new apportionment of members of the Senate and Assembly shall be made ; also, after each United States census.

Sec. 15. Except treason, felony and breach of the peace, members are privileged from arrest in all cases ; nor subject to any civil process during a session.

Sec. 21. [Each member shall receive, as an annual compensation, three hundred and fifty dollars and ten cents for each mile traveled in going to and returning from the seat of government]. As amended in 1867.

Sec. 22. Boards of Supervisors may be vested with powers of a local, legislative and administrative character, such as shall be conferred by the Legislature.

Sec. 26. Extra compensation to any public officer shall not be granted after service is rendered, nor shall his compensation b» increased or diminished during his term of office.

Sec. 31. [Special legislation is prohibited (1) for changing the names of persons, or constituting one person the heir-at-law of another ; (2) for laying out, opening or altering highways, except in certain cases; (3) for authorizing persons to keep ferries; (4) for authorizing the sale of the property of minors ; (5) for locating a county seat ; (6) for assessment of taxes ; (7) for granting corporate powers, except to cities ; (8) for apportioning any part of the school fund ; and (9) for incorporating any town or village, or to award the charter thereof]. Added by amendment, in 1871.

Sec. 32. [General laws shall be passed for the transaction of any business prohibited by Section 21 of this Article.] Added by amendment, in 1871.

Section 1. The executive power shall be vested in a Governor, who shall hold his oflSce two years. A Lieutenant Governor shall be elected at the same time and for the same term.

Sec. 4. The Governor shall be (1) commander-in-chief of the military and naval forces of the State ; (2) he has power to convene the Legislature in extra session ; (3) he shall communicate to the Legislature all necessary information ; (4) he shall transact all necessary business with the officers of the State ; and (5) shall expedite all legislative measures, and see that th^ laws are faithfully executed.

Sec. 7. The executive duties shall devolve upon the Lieutenant Governor when, from any cause, the executive office is vacated by the Governor.

Sec. 8. The Lieutenant Governor shall be President of the Senate. The Secretary of State shall act as Governor when both the Governor and Lieutenant Governor are incapacitated from any causes to fill the executive office.

Sec. 10. All legislative bills shall be presented to the Governor for his signature before they become laws. Bills returned by the Governor without his signature may become laws by agreement of two-thirds of the members present in each house.

Administration

Section 1. A Secretary of State, Treasurer and Attorney General shall be elected at the times and places of choosing members of the Legislature, who shall severally hold their offices for two years.

Sec. 2. The Secretary of State shall keep a record of the official acts of the Legislature and Executive Department. He shall be ex officio Auditor.

Judiciary

Section 1. The Senate shall form the Court of Impeachment. Judgment shall not extend further than removal from office ; but the person impeached shall be liable to indictment, trial and punishment, according to law.

Sec. 2. The judicial power of the State is vested in a Supreme Court, Circuit Courts, Courts of Probate, and in Justices of the Peace. Municipal courts, also, may be authorized.

Sec. 3. The Supreme Court shall have appellate jurisdiction only. Trial by jury is not allowed in any case. The Court shall have a general superintending control over inferior courts, and power to issue writs of habeas corpus, mandamus, injunction, quo warranto, certiorari, and other original and remedial writs.

First Presbyterian Churah. - The First Presbyterian Church of Waukesha, Wis., was organized in the Methodist Church edifice, September 8, 1846, by Revs. Silas Pratt and Aaron L. Lindsley, Committee of the Presbytery of Milwaukee, known as the " Old School. "

Rev. A. L. Lindsley acted as stated supply until 1852, preferring not to be installed as Pastor. The first session was composed of three Ruling Elders, namely, William L. Lindsley, Edward Potter, William P. Sloan.

After worshiping for several months with the Baptist brethren, who had no Pastor, the infant church repaired to the Academy building, on Wisconsin avenue, where they celebrated their first Communion Service, February 14, 1847 ; and organized a Sunday school with Prof. Eleazor Root as Superintendent ; and where they continued to worship most of the time, till the basement of their church edifice was ready.

To raise funds for building. Rev. A. L. Lindsley went East in 1847, and again in 1849 ; Revs. L. I. Root and Thomas Frazer supplying the pulpit during his absence. By zealous effort he raised from various sources the sum of $2,5^0, and the work began.

The first Board of Trustees was chosen April 13, 1850, composed of Lemuel White, A. C. Nickell, A. G. Hanford, Samuel Hoffman, A. W. Randall and Lucius I. Root. Alexander W. Randall (afterward Governor of the State and Postmaster General of the United States) was the first Clerk of the Board. Upon the departure of Rev. A. L. Lindsley, in 1852, Rev. J. A. Savage, D. D., President of Carroll College, and Rev. Prof. L. I. Root supplied the pulpit until August, 1853, when Rev. John Huntington was called to the pastorate. Much was hoped for through his labors, but in the spring of 1854, while visiting Albany, New York, he was seized with cholera, and died. Dr. Savage again took charge till November, when Rev. Prof. Louman Hawes was associated with him. George McWhorter, Moses S. Hartwell, R. W. Wright, Henry Davis, Edward Chester and A. McLachlin, acted as Trustees during these years.