Chapter 58.

[Published April 26.]

An Act to allow the qualified electors residing in Towns 21, 22, 23, 24 and 25 North, Range 10 East, to vote on the question as to which County they shall be attached.

The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

SECTION 1. The qualified voters residing in towns twenty-one, twenty-two, twenty-three, twenty-four and twentyfive north, in range ten east, are hereby authorized to vote by ballot, on the first Tuesday in August next, being the seventh day, as to whether the said town, should be attached to the county of Portage or to the county of Waupacca.

SEC. 2. All the votes given upon the question aforesaid Mode of balshall be by ballot, upon which shall be written or printed loting. either the words "To Waupacca," or "To Portage."

Canvass of

SEC. 3. The votes cast as above provided, shall be canvassed, certified, and the result ascertained and declared votes. by the same officers, in manner provided by law for canvassing, certifying and ascertaining the result of elections for county officers, and such result, when so ascertained, shall by said canvassing officers be reduced to writing, and by them certified to be in all respects true and correct; and when the same is reduced to writing, and certified, the clerk of the board of supervisors of Portage county shall record the same in some county record book in his office, and shall, without delay, transmit by mail the original to the secretary of state, at Madison, who shall, upon the receipt thereof, file and preserve the same in his office.

SEC. 4. Said "towns" shall become part and parcel of the county in accordance with the majority of the votes so cast upon the subject.

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

Approved March 29, 1855.

1

Chap. repealed

Notice to con

tractor to suspend work.

Chapter 59.

[Published March 30.]

An Act to repeal chap. 59 of the general statutes of Wisconsin, entitled an act to provide for a State Lunatic Asylum, and to provide for a compromise with Andrew Proudfit and for ohter purposes.

The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

SEC. 1. Chap. 59 of the general statutes of the State of Wisconsin, entitled an act to provide for a State Lunatic Asylum, approved March 30, 1854, is hereby repealed. Provided, This act shall not be so construed as to impair the obligation of any valid contract. But notice is hereby given to Andrew Proudfit that the state of Wisconsin. does not consider itself bound by the contract of the date of the sixteenth day of November, in the year one thousand eight hundred and fifty four, or any other contract or agreement made or entered into with him by the Commissioners appointed under the act hereby repealed, and that the state intends, unless a compromise can be made with him as hereinafter provided, upon terms satisfactory to the legislature of the state, to leave him to seek his remedy or rights, if he has any, in the courts as provided by law; and notice is hereby further given to said Proudfit not to proceed further under the aforesaid contract, as the state intends to, and by this act does, dispute and deny its liability upon the same.

SEC. 2. Upon the payment of fifteen hundred dollars into the treasury of the state of Wisconsin, by Leonard J. Farwell, of the town of Madison, in the county of Dane, the Governor is hereby authorized and empowered to exe cute and deliver to said Farwell a deed of the land conveyed by said Farwell to the state for the use of the Lunatic Asylum, which deed when executed and delivered, shall have the effect to re-vest the title to said lands in said Farwell, free of all claim of the state of Wisconsin.

Sec. 3. Immediately upon the passage of this act, the Duty of secre- secretary of state of the state of Wisconsin, is hereby autary of state. thorized, and it shall be his duty, to take possession of all plans, specifications, contracts, papers, records and property of every kind belonging to the state of Wisconsin, in the hands, possession, or under the control of the commissioners, or superintendent of the Lunatic Asylum, and to preserve the same in his office. And it is further hereby

made the duty of the secretary of state to call upon the said commissioners and superintendent, and demand and receive from them all moneys due from, or over drawn by them from the state, and to pay the same into the treasury. Duty of comAnd said commissioners and superintendent are hereby missioners and required, when so called upon as aforesaid, to deliver and superintend'nt pay all such property and money to said secretary of

state.

SEC. 4. Immediately upon the passage of this act a Committee apcommittee of two shall be appointed on the part of the pointed to confer with consenate, and three on the part of the assembly, to confer tractor. with Andrew Proudfit, the present contractor for the building of the Lunatic Asylum, and ascertain, and report within twenty-four hours after their appointment, upon what terms or conditions, a settlement or compromise can be made with him of all matters or claims growing out of or connected with the Lunatic Asylum contract: Provided, That this act shall not be in any manner or particular, construed or intended to recognize, acknowledge or admit in any manner, as legal and binding upon the state the alleged contract of Andrew Proudfit, herein before referred to, and any such construction or intention is utterly denied by this act.

SEC. 5. This act shall take effect from and after its passage, and the secretary of state is hereby required to cause this act to be published immediately on its passage, and the secretary of state is also hereby further required to serve a certified copy of this act, under the great seal of the state, on the said Andrew Proudfit, immediately on its passage, and endorse upon this act his certificate of such service, which shall be evidence thereof in all courts and places.

Approved March 29, 1855.

Chapter 60.

[Published April 24.]

An Act for the protection of Lumbermen.

The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

SECTION 1. That any person that shall wilfully and without consent of the owner take and appropriate to his own

use any pine logs, or other lumber, having thereon the marks of any other person or persons than those of the person so taking them, or who shall obliterate the marks of the owner of such logs or lumber, the same being upon the banks of or afloat in any of the streams of this state, out of which logs or lumber are usually driven, shall be deemed guilty of the crime of larceny, and shall be subject to all the provisions of chapter 134 of revised statutes, applicable to said crime.

SEC. 2. Chapter 99 of the General Laws of A. D. 1854, entitled "an act for the protection of logs and lumber found floating on the Wisconsin river," is hereby repealed. SEC. 2. This act shall take effect from and after its passage.

Approved March 29, 1855.

Chapter 61.

[Published April 19.]

An Act to change the names of Albert Mills, and Harriet Mills to that of Albert Castle and Harriet Castle.

The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

SECTION 1. The names of Albert Mills and Harriet Mills, of the town of Chester, in the county of Dodge, is hereby changed to that of Albert Castle and Harriet Castle, and by the last mentioned names they shall be hereafter known and recognized.

SEC. 2. The said Albert Castle and Harriet Castle shall be known as the adopted son and daughter and heirs-at-law of Philander Castle and his wife, of the town of Chester, Dodge county, and mutually entitled to all the rights and privileges, and subject to all the duties of inheritance, support and maintenance as fully and effectually, and in the same manner as they might or should be if they were the legitimate children of Philander Castle and his wife.

SEC. 3. This act shall not take effect or be in force until the said Philander Castle shall assent thereto in writing, under his hand and seal, and record the same in the office of register of deeds in Dodge county.

Approved March 29, 1855.

Chapter 62.

[Published April 25.]

An Act in relation to the Milwaukee County Court.

The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

SECTION 1. The jury terms of the Milwaukee county Jury terms. court, for the trial of causes which either party shall require to have trial by a jury, shall be held on the first Monday in April, June, September and December of each year.

SEC. 2. A term of said court shall also be held on the first Monday in January, February, July, August and November, in each year, by the county judge, without a jury; at which terms issues may be tried by the court where a jury is not demanded by either party; defaults may be entered, and damages may be assessed and judg ments eutered upon defaults, or by confession, and certioraris, arguments, motions, and all other proceedings may be heard, determined and had with the like force and ef fect as at the jury terms, except the trial of causes which either party shall require to have tried by a jury.

SEC. 3. All writs issued by the said court shall be made re- Writs, when turnable on the first day of the next term after it shall be returnable. issued, provided such writs issue ten days before the next term; but if not issued ten days before the next term, then such writ shall be made returnable on the first day of the next succeeding term after the first.

SEC. 4. The said court shall have power to make, pre- Power of court scribe and establish such rules and regulations respecting the conduct and trial of causes, the entry of defaults, the assessment of damages on default, and concerning the practice and proceedings in said court, generally, as the said court shall deem expedient, and proper, and to alter, amend, or annul the same: Provided, Such rules shall not Proviso. contravene any law of this state.

SEC. 5. All acts and parts of acts contravening the provisions of this act are hereby repealed so far as Milwaukee county is concerned.

SEC. 6. This act shall take effect and be in force from and after its publication.

Approved March 29, 1855.