No. 265, A.] [Published May 1, 1891. CHAPTER 358. AN ACT to amend section 4445 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: to domestic Penalty for maicious injury animals, bull and cock fight baiting, dog ing. SECTION 1. Section 4445, of the revised statutes Amends sec. of 1878, is hereby amended by inserting after the 15, 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 4445, the words "except in cases expressly authorized by law," so that said section when so amended shall read as follows: Section 4445. "Any per son who shall willfully, maliciously or wantonly kill, maim, mutilate, disfigure or injure any horse, mule, cattle, sheep, dog or other domestic animal 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 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 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 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 a fine not exceeding one hundred dollars." SECTION 2. All acts or parts of acts inconsistent with the provisions of this act, are hereby repealed. 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. Amends sec. 2039, R. S. 1878. Gifts, grants and devises of real estate to charitable or literary corpo ration void, when. 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: 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 adding at the end of said section the following: Religious corporations or societies, incorporated or organized under the laws of this state, shall be held and considered charitable corporations, 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 half 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: SECTION 1. Section 1332 of the revised statutes Amends sec. is hereby amended by striking out the word 1332, R. S. 1878. "place" where it occurs in the eighth line, and inserting in lieu thereof the words, "at the office into. 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 service 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. ment, how SECTION 2. Section 1333 of the revised statutes Amends sec. is hereby amended by adding at the end of such 13, R. S. 1878. section the following: And the issue raised by the Issue on denial 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 Amends sec. 1334, R. S. 1878. how removed. Penalty for 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. SECTION 3. Section 1334 is hereby amended by 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 by the occupant of the land or any former occupant 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, which 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, shall 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. 1335, R. S. 1878. Judgment, what to in SECTION 4. Section 1335 is hereby amended by inserting the following in the second line thereof, 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 clude. 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 tion. 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 enentitled to the same compensation, as for other similar services in proceedings before justices of the peace. SECTION 5. This act shall take effect and be in force from and after its passage and publication. Approved April 22, 1891. No. 737, A.] [Published April 30, 1891. CHAPTER 361. AN ACT to exempt certain property from taxation, and amendatory of section 1038 of the revised statutes. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: 11, sec. 1038. SECTION 1. Subdivision 11, of section 1038, of Amends subdiv. 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. |