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state, by the county; and in city prosecutions by the city, when not otherwise collected, upon the certificate of the clerk as in circuit courts.

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

Approved April 22, 1891.

No. 464, A.]

(Published May 4, 1891.

CHAPTER 339.

AN ACT for the preservation of trout in the

waters of Osceola creek in Polk county, Wisconsin.

Not to be caught for shroo years.

The people of the state of Wisconsin, represented

in senate and assembly, do enact as follows:

SECTION 1. No person shall, for the period of three years from the taking effect of this act, in any manner, catch, kill or take from the creek called and known as Osceola creek, the outlet of Osceola lake, and running through sections thirty-six, twenty-five, twenty-three, twenty-six and twenty-seven, in township thirty three north, ranges eighteen and nineteen west, in Polk county, state of Wisconsin, any brook or speckled trout; provided, any person owning or manag. ing a portion of said Osceola creek, exclusively for the propagation, batching or raising for family use or for market, of brook or speckled trout, shall not be subject to the provisions or penalties of this act.

SECTION 2. Any person who shall violate the provisions of this act shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten nor more than fifty dollars, for each and every offense, together with all costs of prosecution, and stand committed to the common jail of said county until such fine and costs are paid, or until otherwise discharged by law. Justices of the peace, in and for said Polk

Penalty.

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county, shall have jurisdiction of all complaints under this act.

SECTION 3. This act shall take effect and be in force from and after its passage and publication.

Approved April 22, 1891.

No. 425, A.)

[Published May 4, 1891.

CHAPTER 340.

AN ACT to authorize the city of Kewaunee to

build a bridge across the Kewaunee river, and issue its corporate bonds therefor.

The people of the state of Wisconsin, represented

in senate and assembly, do enact as follows:

SECTION 1. The city of Kewaupee is hereby May bulla authorized to construct, or cause to be constructed, bridge. a draw bridge across the Kewannee river, or that portion thereof now known as the "north slip," at a point to connect government lot number three, in section number seventeen, in township number twenty-three north, of range number twenty-five east, with government lot number four, in the same section, town and range, in the city of Kewaunee, in such manner and of such materials as the said city may determine, at a cost of not more than twenty thousand dollars; provided, that said bridge shall be so located and constructed as not to interfere with the navigation of the said Kewaunee river, or of said slip.

SECTION 2. For the purpose of constructing May borrow said bridge, the common council of said city of money. Kewaunee is hereby authorized and empowered to borrow from any person, persons or corporation, any sum of money, not to exceed in all twenty thousand dollars, for a term of years, not exceeding twenty, and at a rate of interest not exceeding six per cent. per annum.

SECTION 3. For the purpose of securing the May issuo payment of the money so borrowed, and the interest thereon, the common council of said city, is hereby authorized to issue bonds in such sums

as the common council may prescribe, not to exceed in all said sum of twenty thousand dollars, to bear interest at a rate not exceeding six per cent. per annum, and to be made payable at the office of the city treasurer of said city of Kewau. nee, within twenty years from the date of their issue. Said bonds shall be signed on behalf of said city, by the mayor thereof and countersigned by the city clerk of said city, and the faith and credit of said city shall stand pledged

for the payment of said bonds and interest. Sinking fund to

SECTION 4. In addition to all other taxes aupay bonds.

thorized to be levied, the common council of said city is hereby authorized and empowered to levy and collect annually, for a period of not more than twenty years, a tax sufficient to pay the interest annually to grow due on said bonds, and the principal as fast as the same becomes due and payable; provided, however, that said common council shall have no authority to build said bridge, or to issue said bonds, until after the question of building said bridge and issuing said bonds shall have first been carried by a majority vote of the free holders of said city of Kewaunee, at a general or special election, at which such question shall have been duly submitted; and providing further, that no sum shall be borrowed for said purpose, by said city, which, when added to all the other indebtedness of said city, if any, will make a sum exceeding five per centum on the value of the taxable property in said city, the same to be ascertained by the last previous assessment roll, for state and county taxes.

SECTION 5. This act shall take effect and be in force from and after its passage and publication.

Approved April 22, 1891.

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No. 389, A.)

[Published May 1, 1891.

CHAPTER 341.

AN ACT to amend section 2457, of the revised

statutes of 1878, entitled, “Of county courts," as amended by section %, of chapter 496, of the laws of 1889, and to repeal chapter 280, of the laws of 1889.

The people of the state of Wisconsin, represented

in senate and assembly, do enact as follows:

SECTION 1. Section 2457, of the revised statutes Amend section of 1878, as amended by section 2, of chapter 496, statutes, as of the laws of 1889, is hereby amended by add amended. ing at the end thereof, the following words: "Ünless the parties shall otherwise stipulate in writing," so that said section when amended will read as follows: Section 2457. When any Testimony ra witness is sworn and examined in any contested duced to wrimatter or proceeding in any county court, the ting, when. judge thereof shall cause the testimony of the witness to be reduced to writing and filed with the other papers in the matter or proceeding, unless the parties shall otherwise stipulate in writing

SECTION 2. Chapter 260, of the laws of 1889, and Repeals chapall other acts in conflict with this act, are hereby 1849 repealed.

SECTION 3. This act shall take effect and be in force from and after its passage and publication.

Approved April 22, 1891.

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No. 369, A.)

[Published May 1, 1891.

CHAPTER 342.

AN ACT relating to sales of lands by executors,

administrators and guardians, and amendatory of sections 3876, 3877, 3998 and 3999 of the revised statutes.

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:

The people of the state of Wisconsin, represented

in senate and assembly, do enact as follows: Amends sec.

SECTION 1. Section 3876 of the revised statutes 8876, R. S. 1978.

is hereby amended by striking out the word "eight,” where it occurs in said section and inserting the word "nine" instead thereof, so that

said section when so amended, will read as folTime when Order Ybr hear. lows: Section 3876. If it shall appear by such ing returnable. petition that the personal estate in the hands of

the executor or administrator is insufficient to pay the debts of the deceased and the expenses of admisistration, and that it is necessary to sell or encumber the whole or part of the real estate for the payment of such debts and expenses, the county court shall make an order fixing the time and place to be therein named, not less than four nor more than nine weeks from the time of making such order, when and where such petition will

be heard. Amends sec. SECTION 2. Section 3877 of the revised statutes 3877, R. 8. 1878. is hereby amended by striking out the word

"four," where it occurs after the word "least" in the third line of said section and inserting the word “three" instead thereof, so that when

amended, said section will read as follows: SecTime of publi; tion 3877. Every such order, or a notice of such

.
hearing in the form and manner prescribed in
section 4050, shall be published at least three suc-
cessive weeks before the day fixed for the hearing,
in a newspaper as provided in section 4015; and
a copy thereof shall be served personally on all
persons interested in the estate and residing in
the county in which such application is made, at
least twenty days before such day; but the notice
may be dispensed with if all persons interested in

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