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. SECTION 4. This act shall take effect and be in force from and after its passage and publication. Approved March 3, 1869.

Penalty for taking timber or mineral from

to

CHAPTER 58.

[Published March 6, 1869.]

AN ACT to more effectually protect lands belonging to counties from the depredations of trespassers.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1. Any person who shall wilfully cut down or destroy, or by girdling or otherwise, shall lands belonging injure any trees growing or situated on any lands owned by any county in this state, or who shall wilfully cut or take, carry or haul away from any such lands any wood or timber previously cut or severed from said lands, or who shall dig, take or carry away any mineral or other thing of value which would depreciate the value of such lands, without first having obtained a license therefor from the county board of supervisors, shall be adjudged guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine not less than ten dollars nor more than one hundred dollars.

Actions against

trespassers may

by sheriffs, justices, etc.

SECTION 2. It is hereby made the duty of all sherbe commenced iffs, justices of the peace, constables, supervisors of towns and county supervisors, who may have know ledge of, or who may receive information of any of fense mentioned in section one of this act, committed within the county in which they are officers, and any other person, may forthwith commence an action in the county in which said offence was committed, in the name of the state of Wisconsin, for the recovery of the fine mentioned in section one of this act.

SECTION 3. Justices of the peace shall have concurrent jurisdiction with the circuit court in all actions.

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.

Constables' fees for travel.

CHAPTER 60.

[Published March 5, 1869.]

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 appointment 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 thereupon become vacant.

SECTION 2. This act shall take effect and be in force from and after its passage and publication. Approved March 3, 1869.

CHAPTER 62.

[Published March 8, 1869.]

AN ACT to increase the number of county supervisors in the county of Green, and to provide for their election.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Number in

SECTION 1. At the first annual town meeting after the passage of this act, to-wit, 1869, the electors of the creased. supervisors representing the even numbered district in said county shall elect two additional supervisors, whose term of office shall expire at the same time and who shall be elected in the same manner as the super visor for such district is now elected, and the electors of the supervisors representing the odd numbered districts in said county shall elect two additional supervisors in each district, whose term of office shall expire at the same time and who shall be elected in

ner as the supervisors for said districts are same man

now elected, and at each succeeding general election thereafter for the election of county supervisors, three supervisors shall be elected for the term of two years in each supervisor district. SECTION 2. The supervisors elected at the afore- shall meet with said town meeting shall meet with the county board of county board at supervisors in the county of Green, at their first meeting after their election, and qualify by taking the oath of office as now provided by law in relation to countý boards of supervisors, and shall thereby become members thereof, with all the powers and duties now conferred upon such county boards of supervisors.

SECTION 3. All acts or parts of acts contravening the provisions of this act, so far as the same may relate to the county of Green, are hereby repealed

first meeting.

SECTION 4. This act shall take effect and be in force from and after its passage. Approved March 3, 1869.

CHAPTER 63.

[Published March 6, 1869.]

Court may authorize attorney to discharge judgment.

AN ACT relating to the discharge of judgments in courts of record. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1. Whenever a judgment rendered in any court of record shall have been fully paid, and the docket of such judgment shall not be canceled and discharged as provided in chapter one hundred and thirty-two of the revised statutes, the court in which such judgment was recovered may, upon satisfactory proof that such judgment has been paid in full, authorize the attorney of the judgment creditor to cancel and discharge the docket of such judgment, or the court may make an order canceling and discharging the docket of such judgment,

SECTION 2. This act shall take effect and be in force from and after its passage. Approved March 3, 1869.

CHAPTER 64.

[Published March 6, 1869.]

Revived.

AN ACT to regulate the manner of selecting jurors in certain counties.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1. Section three of chapter 118 of the revised statutes, is hereby revived and declared to be of