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No. 263, A.]

[Published May 1, 1891. CHAPTER 358.

AN ACT to amend section 1445 of the revised

statutes of 1878, relating to offenses against property.

The people of the state of Wisconsin, represented

in senate and assembly, do enact as follows:

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SECTION 1. Section 4415, of the revised statutes Amends sec. of 1878, is hereby amended by inserting after the 415, R. S. 1878. word "sheep” in the third line of said section the word "dog” and by inserting after the word "another” in the third line of said section 4415, the words "except in cases expressly authorized by law," so that said section when so amended shall read as follows: Section 4445. “Any per penalty for mason who shall willfully, maliciously or wantonly licuous injury kill, maim, mutilate, disfigure or injure any animals, bull horse, mule, cattle, sheep, dog or other domesti and cock fightanimal of another, except in cases expressly authorized by law, or administer poison to such animal, or expose any poison, with the intent that the same may be taken or swallowed by such animal; and any person who shall

who shall overdrive, over work, overload, maim, wound, torture, torment, cruelly beat or kill any such ani. mal belonging to himself or another, or being the owner or having the care or charge thereof, shall fail to provide necessary food, water or shelter for any such animal, or who shall turn out and abandon, without proper care and protection, or cruelly work any such animal when old, diseased, disabled or unfit for work, or who 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 men. tioned, 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 a fine not exceeding one hundred dollars."

SECTION 2. All acts or parts of acts inconsistent with the provisions of this act, are hereby re. pealed.

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

Approved April 22, 1891.

No. 264, A.)

[Published May 5, 1891.

CHAPTER 359.

AN ACT to amend section 2039, of the revised

statutes of this state, as amended by chapter 551, of the laws for the year 1887, relating to charitable trusts.

The people of the state of Wisconsin, represented

in senate and assembly, do enact as follows:

Amends sec. 2039, R. S. 1878.

real estate to charitable or

when.

SECTION 1. Section 2039, of the revised statutes of this state, as amended by chapter 551, of the laws for the year 1887, is hereby amended by add

ing at the end of said section the following: and deset or Religious corporations or societies, incorporated

or organized under the laws of this state, sball literary corpo- be held and considered charitable corporations, ration void,

within the provisions of this section; but no gift, grant or devise of real estate to any such literary or charitable corporation shall be valid, unless made at least three months before the death of the person making the same. Provided, however, that no person leaving a widow, child or parent, shall by his last will and testament, devise or bequeath to any benevolent, charitable, literary, scientific, religious or missionary society, association or corporation, in trust or otherwise, more than one balf part of his estate, after the payment of his debts; and such devise or bequest shall be valid to the extent of such one half, and no more.

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

Approved April 22, 1891.

No. 326, S.]

[Published May 6, 1891.

CHAPTER 360.

AN ACT to amend sections 1332, 1333, 1334 and

1335 of the revised statutes, relating to encroachments.

The people of the state of Wisconsin, represented

in senate and assembly, do enact as follows:

into.

SECTION 1. Section 1332 of the revised statutes Amends sec. is hereby amended by striking out the word 1382, R. S. 1878. “place” where it occurs in the eighth line, and inserting in lieu thereof the words, " at the office of such justice," so that when so amended, said section shall read as follows: Section 1332. If the

Encroachment, occupant upon whom a copy of such order shall how enquired be served, shall, within thirty days after the ser. vice thereof deny such encroachment in writing, addressed to the supervisors, and deliver such denial to one of them, said supervisors, or some of them, shall apply to some justice of the peace of the county for a precept, which shall be issued by such justice, directed to any constable of the county, commanding him to summon six disin. terested freeholders thereof, to meet at a certain day at the office of such justice and not less than four days after the issuing thereof, to inquire into the premises; and the constable, to whom such precept shall be directed, shall give at least three days' notice to one of the supervisors of the town, and to the occupant of the land, of the time and place at which such freeholders are to meet.

SECTION 2. Section 1333 of tbe revised statutes Aur:ends sec. is hereby amended by adding at the end of such 1333, R. S. 1878. section the following: And the issue raised by the order of the supervisor and the written denial of of encroachthe occupant of said land, shall be tried before treated. such justice, the same as civil actions, in which the justice of the peace has jurisdiction to hear, try and determine, are tried in justice court, and all the proceedings applicable to such actions shall apply to this proceeding, and the jury, in the discretion of the court, may examine the premises described in the order, in charge of an officer ap

Issue on denial failure.

pointed by the court. After the case is submitted to such jury, the jury shall be kept together in charge of the officer until they agree upon their verdict or are discharged by the court; should the jury fail to agree upon a verdict or finding, the court may discharge them and, upon the discharge of such jury, the justice shall issue another precept commanding the officer to summon another jury for the trial of said issue, and so on, until a

jury shall render a verdict and finding. Amends sec. SECTION 3. Section 1334 is bereby amended by 1334, R. S. 1878.

adding after the word “made” in the fourth line thereof, the following: “And return the same to the court," so that, when so amended, said section

will read as follows: Section 1334. If the jury Encroachment, find that any such encroachment has been made Penalty for by the occupant of the land or any former occu

pant thereof, they shall make and subscribe a certificate in writing of the particulars of such encroachment, and by whom made and return the same to the court, wbich shall be filed in the office of the town clerk; and the occupant of the land, whether such encroachment shall have been made by him or by any former occupant, sball remove the fence, building or other fixture, causing such encroachment, within thirty days after the filing of such certificate under forfeiture of fifty cents for each day after the expiration of that time during which such encroachment shall

continue. Amends sec. SECTION 4. Section 1335 is hereby amended by

inserting the following in the second line there. of, after the word "inquiry:" "The justice shall

“ thereupon tax the costs including the fees of jurors, constable's fees, witness fees and expense of the view of the premises and enter a judgment in his docket in favor of the town, against the occupant of said land;" so that said section, when so

amended, shall read as follows: Section 1335. If Execu- the jury finds that any such encroachment has

been made, the occupant shall pay the costs of such inquiry; the justice shall thereupon tax the costs, including the fees of the jurors, constable's fees, witness fees and expense of the view of the premises and enter a judgment in his docket, in favor of the town, against the occupant of said land; and if the same shall not be paid in ten days, the justice shall issue an execution for the

1335, R. S. 1878.

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collection thereof, directed to any constable of the county, commanding him to levy such costs and his fees thereon, of the goods and chattels of such delinquent, and make return thereof to such justice, within thirty days from its date, and the justice, constable, jurors and witnesses shall be en: entitled to the same compensation, as for other similar services in proceedings before justices of

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

Approved April 22, 1891.

the peace.

No. 737, A.]

[Published April 30, 1891.

CHAPTER 361.

AN ACT to exempt certain property from taxa

tion, and amendatory of section 1038 of the revised statutes.

11, sec. 1038.

The people of the state of Wisconsin, represented

in senate and assembly, do enact as follows:

SECTION 1. Subdivision 11, of section 1038, of Amendssubdiv. the revised statutes as amended, is hereby amended so as to read as follows: 11. Wearing apparel, libraries, family portraits, kitchen furni. Property exture, growing crops, and two hundred dollars empt. worth of household furniture and other personal property.

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

Approved April 22, 1891.

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