dicted for murder, to report the same in full, and write the same out in full and deliver the same to the clerk of the court in which said trial is had, who shall file the same; and whenever on the trial of a murder case the evidence or testimony shall be so reported, the judge presiding at the trial shall not be required to keep minutes of the evidence or testimony, as required by section four (4), chapter one hundred and eighty two of the revised statutes, entitled "of pardons.' SECTION 11. This act shall take effect and be in force from and after its passage and publication. Approved March 3, 1869. CHAPTER 57. [Published March 5, 1869.] AN ACT to impose a penalty for prize fighting. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: prize fighting. SECTION 1. Every person who shall, by previous Penalty for arrangement or appointment, engage in a fight with another person for the possession of any prize, belt or other evidence of championship or for any other cause, shall be punished by imprisonment in the state prison for a term not exceeding five years nor less than one year, or by fine not exceeding three thousand dollars nor less than one thousand dollars. and eneourag SECTION 2. Every person who shall be present at Persons present such fight as aid, second or surgeon, or shall encourage, ing fight, to be advise or promote such fight, shall be punished by im- punished. prisonment in the state prison, for a term not exceeding three years nor less than six months, or by a fine not exceeding one thousand dollars nor less than three hundred dollars. persons leave SECTION 3. Every person being an inhabitant or Penalty when resident of this state, who shall, by previous arrange- the state to enment or appointment, made therein, leave this state and gage in fight. engage in a fight with another person without the limits of this state, shall be punished by imprisonment in the Shall report in full, and his therelor. be written out in full) of any matter or proceedings by him so reported, for which copy he shall be entitled to receive (to be paid in advance if by him required) ten folio. cents per SECTION 5. Such reporter shall take the evidence compensation in full in all cases referred to him by the court, to take the evidence therein, and report the same (written out in full) to the court, and shall receive as a compensation therefor the sum of fifteen cents a folio, to be taxed and paid as any other costs in the suit, the county under no circumstances to be liable therefor. Shall take official oath. When reporter takes evidence, court need not wait for attor neys to do the same. Reporter when required shall preceding day's evidence. SECTION 6. Such reporter before entering upon the duties of his office in any county, shall take, subscribe and file with the clerk of the court, an official oath, obligating himself to fairly and accurately report all matters and proceedings of every kind which he shall be required to report, and that whenever he shall furnish a copy thereof as herein required, he will furnish a true, accurate and correct copy thereof, to the best of his ability, and that he will discharge the duties of such reporter at all times honestly, fairly, impartially and to the best of his abilities. SECTION 7. Whenever any such reporter as aforesaid, shall so take the evidence in any case on the trial thereof, the court shall not wait for the attorney or council therein to take the same. SECTION 8. On the trial of any cause before a jury, furnish copy of such reporter shall at the opening of the court, each morning, furnish, if demand therefor is made at or before the close of court on the day before, a copy, written out in fnll, of the evidence therein introduced the day before, or of the evidence of any particular witness or witnesses, sworn therein the day before: provided, however, that such reporter shall not be compelled to furnish to exceed two copies, one to the plaintiff and the other to the defendant therein, and he shall receive as a compensation therefor, fifteen cents a folio, to be paid in advance, if required. Judge may remove reporter. Iu murder trials reporter to re SECTION 9. The judge of said circuit at his discretion, may remove any such reporter. The said judge may fill any vacancy that shall occur by reason of removal or otherwise. SECTION 10. It shall be the duty of such reporter port evidence without compensation, when he shall report the evidence or testimony on the trial of any person in without com pensation. dicted for murder, to report the same in full, and write. the same out in full and deliver the same to the clerk of the court in which said trial is had, who shall file the same; and whenever on the trial of a murder case the evidence or testimony shall be so reported, the judge presiding at the trial shall not be required to keep minutes of the evidence or testimony, as required by section four (4), chapter one hundred and eighty two of the revised statutes, entitled "of pardons.' SECTION 11. This act shall take effect and be in force from and after its passage and publication. Approved March 3, 1869. CHAPTER 57. [Published March 5, 1869.] AN ACT to impose a penalty for prize fighting. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. Every person who shall, by previous Penalty for arrangement or appointment, engage in a fight with prize fighting. another person for the possession of any prize, belt or other evidence of championship or for any other cause, shall be punished by imprisonment in the state prison for a term not exceeding five years nor less than one year, or by fine not exceeding three thousand dollars nor less than one thousand dollars. and eneourag SECTION 2. Every person who shall be present at Persons present such fight as aid, second or surgeon, or shall encourage, ing fight, to be advise or promote such fight, shall be punished by im- punished. prisonment in the state prison, for a term not exceeding three years nor less than six months, or by a fine not exceeding one thousand dollars nor less than three hundred dollars. persons leave SECTION 3. Every person being an inhabitant or Penalty when resident of this state, who shall, by previous arrange- the state to enment or appointment, made therein, leave this state and gage in fight. engage in a fight with another person without the limits of this state, shall be punished by imprisonment in the CHAPTER 60. [Published March 5, 1869.] Constables' fees for travel. AN ACT to amend chapter one hundred and thirty three 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. Constables may be allowed to receive the following fees: For each mile actually traveled, going and returning to serve any process, or to give or post up notices, ten cents. SECTION 2. This act shall take effect and be in force from and after its passage and publication. Approved March 3, 1869. Under sheriffs! and deputies ed county supervisors. CHAPTER 61. [Published March 5, 1869.] AN ACT to prevent under sheriffs and deputy sheriffs from holding the office of county supervisor. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. No person holding the appointment of not to be elect- under sheriff or deputy sheriff in this state, shall at the same time hold the office of county supervisor, or by virtue of any other office act as a county supervisor, and any person holding the office of county supervisor in any county in this state, who shall accept the appoint ment of under sheriff or deputy sheriff, or shall act as such under sheriff or deputy sheriff, shall by so doing, be deemed to have resigned his office of county supervisor, and such office of county supervisor shall there upon become vacant. instituted under the provisions of this act, and the question of title shall in no case under this act arrest such justice of jurisdiction: provided, that either party shall have the right of appeal as in other cases tried before justices of the peace. SECTION 4. This act shall not be so construed as Act not to prevent actions by to prevent any county in this state from maintaining an counties. action in its corporate capacity for the recovery of any damage such county may sustain by reason of any trespass upon any lands owned by such county. SECTION 5. This act shall take effect and be in force from and after its passage and publication. Approved March 3, 1869. CHAPTER 59. [Published March 5, 1869.] AN ACT relating to tunnels under the highway. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: tunnels under SECTION 1. Any person owning lands lying on owners of land both sides of any highway in this state is hereby au- may construct thorized to construct a tunnel under such highway, highways. also the necessary fences for the passage of stock, and other purposes across the same, in such manner as will not interfere with or endanger travel on such highway. SECTION 2. All tunnels which may be constructed Dimensions of under authority given by this act shall not be less than tunnels. twenty feet in length, and shall be maintained by the person constructing the same, and the owner of such property shall be liable for all damage which may be occasioned by reason of the failure to keep the same in repair. SECTION 3. This act shall take effect and be in force from and after its passage and publication. Approved March 3, 1869. |