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SECTION 2. All acts and parts of acts conflicting with or contravening the provisions hereof, are hereby repealed.

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

Approved April 11, 1891.

No. 768, A.)

[Published April 17, 1891. CHAPTER 216.

AN ACT to amend section 3769, of chapter 160,

of the revised statutes, entitled, “Of appeals.

The people of the state of Wisconsin, represented

in señate and assembly, do enact as follows:

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SECTION 1. Section 3769, of chapter 160, of the Amends secrevised statutes, is hereby amended so as to read revised as follows: Section 3769. Upon the hearing of statutes, 1878. the appeal, when there is no new trial in the ap- Appeals in pellate court, such court shall give judgment ac circuit court cording to the weight of the evidence and the jus- justices of the tice of the case, without regard to technical errors which do not affect the merits and without regard to the finding of the justice, and may, if necessary for that purpose, amend the pleadings therein, and in giving judgment, may

render affirmative judgment, or may affirm or reverse the judgment of the court below in whole or in part, either as to damages, or to costs, or both, as to any or all of the parties, and for errors of law or fact. To the copy of every such judgment upon an appeal, there shall be annexed the return upon which it was heard, which shall be filed with the clerk of the court, and constitute the judgment roll, and the judgment shall be docketed in, and shall be executed by the process of the appellate court.

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

Approved April 11, 1891.

No. 788, A.]

[Published April 17, 1891.

CHAPTER 217.

AN ACT relating to the destruction of noxious

weeds, and amendatory of chapter 432, of the laws of 1889.

The people of the state of Wisconsin, represented

in senate and assembly, do enact as follows:

An ends chapter 13:2, laws of 1089.

Overseers of
highways inay
be elected.

SECTION 1. Section 3, of chapter 432, of the laws of 1889, shall be so amended, that at the end of said section 3, two new sections shall follow, known as section 3a, and section 3b, to-wit: Section 3a. "After reading of the act relating to noxious weeds, at the annual town meetings, as provided for in chapter 233, laws of 1885, the chairman of each town, or the officer presiding at such town meeting, shall put to the qualified voters present at such meeting the following proposition for their decision, to wit: “Shall the overseers of highways be ex officio commissioners of noxious weeds in their respective road-districts ?" If answered by the majority of the voters present in the affirmative, the chairman of such town shall appoint such overseers as como missioners of noxious weeds, and no others; but if a majority of the voters present shall reject the proposition, then the chairman of such town shall proceed as prescribed in section 3 of chapter 432, laws of 1889.

Section 3b. Such overseers of highwaye dul appointed as provided in the previous section shall be ex officio commissioners of noxious weeds in their respective road districts, and after taking the oath of office shall be clothed with all the powers, perform all the duties, receive all the immuni. ties, and be subject to the same penalties as provided for in chapter 432 of the laws of 1889.

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

Approved April 11, 1891.

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No. 337, A.)

(Published April 16, 1891.

CHAPTER 218.

AN ACT to provide for the punishment of own

ers of vicious dogs.

made

The people of the state of Wisconsin, represented

in senate and assembly, do enact as follows: SECTION 1. If any dog shall worry, wound or Owners of kill any horse, cattle, sheep or lamb, and verbal liable for or written notice of such fact be given to the committed by owner or keeper of such dog, then if such dog (log. Pevaltý. shall, after such notice so given to said owner, again worry, wound or kill any horse, cattle, sheep or lamb, the owner or keeper of such dog shall be deemed guilty of a misdemeanor, and shall, upon conviction, be punished by a fine not exceeding twenty-five dollars and the costs of prosecution, and in default of payment of such fine and costs, shall be committed to the county jail until such fine and costs be paid, not exceeding twenty days.

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

Approved April 13, 1891.

No. 843, A.]

[Published April 15, 1891.

CHAPTER 219.

AN ACT to appropriate a sum of money to per

sons therein named, for expenses incurred as legislative visiting committee to state institu

tions.

The people of the state of Wisconsin, represented

in senate and assembly, do enact as follows: SECTION 1. There is hereby appropriated out appropriation of any money in the state treasury not otherwise appropriated, for expenses incurred as visiting Brown sind

C.F. Osborne. committee of the legislature for 1891, to state in:

to Paul Becht.

ner, Neal

stitutions, to Paul Bechtner, Neal Brown and C. F. Osborne, the sum of one hundred dollars each.

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

Approved April 13, 1891.

No. 171, S.]

[Published April 17, 1891.

CHAPTER 220.

Wisconsin Rendering company

AN ACT to authorize the purchase and use of a

certain tract of land in Ozaukee county, for the

purpose of utilizing offal, garbage and night soil. The people of the state of Wisconsin, represented

in senate and assembly, do enact as follows:

SECTION 1. The Wisconsin Rendering company

is hereby authorized and empowered to obtain, authorized to, by purchase, a tract of land not exceeding one purchase land.

thousand acres, in Ozaukee county, near or adjoining Lake Michigan, for the purpose of rendering dead carcasses, and for the purpose of receiving, converting and utilizing garbage and other substances; and said company is hereby authorized to erect and maintain a factory and establishment for the purpose of ren. dering, converting and using the same; said factory, and establishment to be run and conducted according to the most approved sanitary

methods. May exercise SECTION 2. Said company is hereby authorized

and empowered to obtain said land by right of eminent domain in accordance with the provisions of sections 1845, 1816, 1847, 1818, 1849, 1850, 1851, of the revised statutes of the state of Wisconsin and the acts amendatory thereof.

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

Approved April 13, 1891.

power of eminent domain.

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No. 16, S.]

[Published April 17, 1891.

CHAPTER 221.

AN ACT to abolish the state board of supervision

and the state board of charities and reform, and to create the state board of control of reformatory, charitable and penal institutions, and making an appropriation therefor.

The people of the state of Wisconsin, represented

in senate and assembly, do enact as follows:

SECTION 1. The state board of supervision of State boards of the Wisconsin charitable, reformatory ard penal and charities

supervision, institutions and the state board of charities and and reform reform, are hereby abolished, and the said boards shall go out of office and cease to discharge their respective duties on the thirtieth day of June, 1891. SECTION 2. The governor, by and with the con- Governor to

appoint state sent of the senate, at any time after the passage board of con

trul and publication of this act, shall appoint six trobosan posi persons, citizens of Wisconsin, no two of whom shall be residents of the same congressional district, a state board of control of the Wisconsin reformatory, charitable and penal institutions, who shall be a body corporate under and by said name, and shall have and possess all the powers, and may exercise all the functions of the two boards abolished by section 1 of this act. Said board : hall devote its entire time and attention to its duties, as provided in chapter 29, of the revised statutes and the acts amendatory thereof, and in chapter 295, of the laws of 1881, and the acts amendatory thereof, except as hereinafter provided. SECTION 3. Said board shall meet and organize Shall organize .

prior to June on or before the thirtieth day of June next, and 30th, 1891. shall enter upon the discharge of its duties upon the first day of July next. Each member of the said board, before entering upon the discharge of his duties, shall take and subscribe an oath to support the constitution of the United States, and the constitution of the state of Wisconsin, and honestly and faithfully to discharge his duties as

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