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Amendment

CHAPTER 25.

[Published February 4, 1860.]

AN ACT to amend section 33, of chapter 133, of the Revised Statutes, entitled "Of costs and fees."

The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

SECTION 1. That the word "each," where it occurs in the second line from the end of said section, be stricken out, and the word "such" be inserted.

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

Approved February 2, 1860.

CHAPTER 26,

[Published February 4, 1860.]

Preambles.

river.

Location.

AN ACT to authorize Ephraim Kingsbury to erect and maintain a boom on the Wisconsin river, in Sauk county.

Whereas, Ephraim Kingsbury desires authority to construct a boom in the Wisconsin river; And whereas, it is impracticable to provide for said object by general law,

therefore

The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

Eph. KingsSECTION 1. That Ephraim Kingsbury, his successors bury authorized to build and assigns, are hereby authorized and empowered to booms on Wis. erect and maintain such number of booms as may be necessary, with sufficient piers on either side, and partly across the Wisconsin river, near the steam saw mill of said Ephraim Kingsbury, situated on the west bank of the Wisconsin river, in the county of Sauk. Said booms to be built on sections 15, 9, and 10, town 13, range east, for the purpose of stopping and securing logs, spars, square timber, and other lumber: Provided, such boom or booms shall be so arranged as to permit the free passage of boats and rafts, at all times. And if any raft of lumber shall, by neglect or accident, be carried into said boom, said boom may be opened, so as to take out said raft, if it can be done without injury to the owner

Proviso

of the boom, otherwise it shall be taken out at the space kept open for the passage of rafts.

SEC. 2. Whenever any logs, spars, square timber, or other lumber, in the log or tree, shall be secured and boomed, the said Ephraim Kingsbury, his successors and assigns, shall be allowed therefor a toll or boomage of Boomage, twenty-five cents per thousand feet, board measure, and they shall have a lien on all logs or timber so boomed, or secured, for the payment of boomage.

claimed.

proceeds.

SEC. 3. Whenever any logs shall be thus boomed and Authorized to secured, and no person shall appear in behalf of the own- saw logs not er thereof, to take delivery of the same, and to pay the boomage thereon, the said corporation shall cause said logs to be sawed into lumber and accurately measured, and after deducting their fees for boomage, and the usual rates for sawing, the balance shall be kept by the said Ephraim Kingsbury, subject to the order or disposition Disposition of of the owner, for one year; after which time, if neither the logs or lumber are demanded by the owner, they shall be forfeited to the owner of the boom. The said Kingsbury shall cause to be entered in a book, kept for that purpose, the different marks on the logs, or timber, thus boomed and secured, for which no owner shall appear; the number of logs bearing any mark; and the amount of lumber cut from logs bearing such mark, or marks; and Required keep accounts shall, at all times, keep such books open for the in- open to inspecspection of all persons.

tion.

to

into sd. boom.

SEC. 4. If any raft of lumber shall, by neglect or ac- Rafts carried cident, be carried into said boom, it shall not be lawful for the owner, or any person for him, to open said boom at any time, for the passage of rafts, or logs, without first giving notice to said Kingsbury or his agents.

SEC. 5. Any person, or persons, who shall wilfully Liability for break, damage, or destroy said boom, shall be responsi-boom.

ble to the proprietors thereof, in an action at law, for

the amount of damages done, in addition to the penalties already provided by law, and be recovered before any court of competent jurisdiction.

SEC. 6. This act shall be in force from and after its To take effect. passage.

Approved February 2, 1860.

Tax sale postpened.

Proceedings

CHAPTER 27.

[Published February 6, 1860.]

AN ACT to extend the time for the payment and collection of the corporation taxes in the village of Oconto.

The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

SECTION 1. The sale of lands, now unsold, in the village of Oconto, by the treasurer of said village, upon which the taxes or assessments, levied for the year 1859, are now unpaid, is hereby postponed until the first Monday in April, 1860.

SEC. 2. The marshal of said village shall proceed to to col. taxes. collect the taxes, as is provided by the act chartering said village, and return the same to the treasurer of said village, as provided by said act, on the first Monday in March, A. D. 1860.

Tax sale first

SEC. 3. On said first Monday of April, the treasurer Mond. in April of said village shall commence the sale of lands, or lots, upon which the taxes or assessments levied, under the charter of said village, shall not have been paid, adding interest, at the rate of twelve per cent., from the first day of October, 1859, to that day, and shall continue the How conduc- sale, from day to day, until the sale be completed. Such sale, and all subsequent acts and proceedings, shall be conducted by the treasurer, as now required by the charthis act valid. ter of said village, except as herein provided, and all sales and certificates of sale, made in pursuance thereof, shall have the same validity and effect, as if such sale had taken place at the time and manner now prescribed by the village charter.

ted.

Sales

under

To take effect

SEC. 4. This act shall take effect and be in full force from and after its passage.

Approved February 3, 1860.

CHAPTER 28.

[Published February 6, 1860.]"

AN ACT to enable foreign executors and administrators to sue in the
State of Wisconsin.

The People of the State of Wisconsin, represented in
Senate and Assembly, do enact as follows:

utors or ad

sue in

SECTION 1. When an executor, administrator or guar- Foreign execdian, shall be appointed in any other state or foreign ministrators country, on the estate of any person not a resident of may this State at the time of his or her decease, and no exec- this state. utor or administrator thereon shall be appointed in this / f. 2 State, the foreign executor or administrator shall, upon. c. 82 filing an authenticated copy of his appointment, in the probate court of any county in this state, be authorized to bring and prosecute, in the proper courts, in such county, civil actions to recover any property situate in this State, and all demands, debts or claims, belonging to the estate of such decedant, from any person or persons in possession of or claiming such property, or owing such demands, debts or claims: Provided, that any court, in Proviso. which such actions may be commenced, may require such executors or administrators to give security for the costs. therein.

SEC. 2. Such foreign executor, administrator or guar- Allegation dian, shall allege, in the complaint in such action, that and proof of he has filed an authenticated copy of his appointment in app't required some county in this state, specifying such county by name, and such allegation shall be taken to be true; and no proof of such allegation shall be required, unless the defendant shall, by affidavit, or by an allegation contained in the answer to such complaint, verified in the manner now required by law, deny such allegation.

SEC. 3. This act shall take effect and be in force from Effect. and after its passage.

Approved February 3, 1860.

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CHAPTER 29.

[Published February 9, 1860.]

AN ACT to provide for holding the first term of the circuit court of the county of Iowa, for the year 1860.

The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

SECTION 1. The first regular term of the circuit court in and for the county of Iowa, for the year 1860, shall be held on the second Monday of May in said year, instead of the third Monday in February, as heretofore provided by law.

SEC. 2. All causes, recognizances, and other proceedings of every kind, in said court, are hereby continued until the said second Monday in May, and all causes shall be brought on for trial, in the manner required by law, at the time herein provided for holding said term, and the passage of this act shall not invalidate any process or proceeding in said court.

SEC. 3. So much of section 1, of chapter 1, of the General Laws of 1859, as conflicts with the provisions of this act, are, for the purposes of this act, hereby repealed.

SEC. 4. This act shall take effect and be in force from and after its passage.

Approved February 9, 1860.

CHAPTER 30.

[Published February 10, 1860.]

Extended

2d Mond. April.

to

AN ACT to extend the time for the collection of taxes in the city of
Madison.

The People of the State of Wisconsin, represented in
Senate and Assembly, do enact as follows:

SECTION 1. The time for the voluntary payment of all in taxes, except State taxes, for the year 1859, levied pursuant to any law of this State, in the city of Madison, in Dane county, is hereby extended to the second Monday in April next.

Duties of collector.

SEC. 2. The collector may receive such taxes, mentioned in his tax list, as shall be voluntarily paid to him

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