for the payment of the sheriff for attending upon the court: provided, but one such reporter shall be employed at the same time.

transcripts of

SECTION 4. It shall be the duty of said reporter shall furnish upon the request of a party to any suit, or the attor evidence. ney or attorneys of such party, the evidence on the trial of which shall have been taken by them, to make and furnish transcripts of such evidence so taken by them, or any other proceedings had in such trial to such party or his attorney, for which transcript so furnished, said reporter shall be entitled to charge and receive from the party requiring such transcript to be made, ten cents for each folio of one hundred words. In the trial of criminal cases the court may in its discretion, order a transcript of the evidence and proceedings to be made, certified and audited and paid for in the same manner as the per diem, compensation of such reporter, and in such cases the reporter's notes shall be written out in full and filed with the clerk of the court.

SECTION 5. The judge of said court may in his Judge may rediscretion, remove such reporter or any one of them, move reporter. and may fill any vacancy caused by such removal or

from any other cause.

SECTION 6. This act shall take effect from and af

ter its passage.

Approved March 2, 1870.

CHAPTER 17.

[Published March 4, 1870.]

AN ACT to provide for the preservation of certain records and proceedings in the office of the clerk of the circuit court of Fond du Lac county.

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

transcribe rec

SECTION 1. The clerk of the circuit court of Fond Clerk shall du Lac county is hereby authorized and required, with- ords. out delay, to transcribe and record in a suitable book

Court may set down case for

particular day.

Sheriff or deputy shall attond court.

excused by the court or parties, the court shall direct
the sheriff or his under sheriff, or any of his deputies
to summon a sufficient number of talesmen to supply
the deficiency. The officer summoning the same may
insert the names of such talesmen in the venire. If
the jury shall be required to make an inquest or an as-
sessment of damages in any case, the same shall be
drawn from the names in such box, or the court may
direct the same to be had and taken by any jury sum-
moned as in any other case, or may direct the clerk to
issue a venire to summon a special jury for that pur-
pose, to be composed of persons qualified to serve as
jurors in said court; and unless objections are made,
such inquest may be had or held, or such assessment of
damages made by the court or the judge thereof, with-
out the intervention of a jury.
The court may set
down any case on the calendar for trial on any partic-
ular day, and when a case is set down for trial on any
particular day by order of court or otherwise, the court
may then or at any time afterwards, require the parties
in such action to determine and select whether he or
they wish a jury, and if both parties select [elect] to
try such case without a jury, or if both parties neglect
or refuse to so determine or select [elect], then at the
said term neither party shall be entitled to a trial by
jury, but the court may, at its discretion, grant a trial
by jury, and if a trial is demanded, the court may
then or at any time afterwards, direct that a jury be
selected as aforesaid in such case, and issue a venire
therefor, returnable at the time fixed for the trial of
such action. If for any cause in selecting a jury the
panel shall become exhausted, a jury may be obtained
as provided in similar cases in the circuit court.

SECTION 11. Section twenty-three (23) of said chapter three hundred and sixty-one (361) is hereby amended so as to be and read as follows: the sheriff of said county, in person or by his under sheriff or one of his deputies, shall attend such court when actually in session for the transaction of court business, other than probate business, and the court shall designate the number of officers that shall be present while such court is in actual session as aforesaid; and such officers shall be entitled to receive the same compensation, and payable in like manner as is or may be provided by law for like services in the circuit court:

provided, that no officer shall receive any compensation for serving or executing any venire for any jury or summoning any talesman."

SECTION 12. Section twenty-four (24) of said chap- Clerk's fees. ter is hereby amended so as to read and be as follows: the fees of the clerk of said court in any one cause shall not exceed the following sums: in cases settled or discontinued before answer, two dollars; in cases discontinued after answer and before the same shall be put upon calendar, three dollars, and after answer, and after having been put upon calendar, four dollars; in cases when judgment is entered without application to the court, four dollars; in cases of no answer when judgment is upon application to court, seven dollars; in like cases when judgment is entered upon application to court and the same could be entered in vacation, five dollars; in case there is an answer and the same is tried by court, eight dollars, (if a final determination on a demurrer, six dollars); if tried by a jury, ten dollars; in appeal cases tried by the court upon return of justice, five dollars; in all appeal cases which are dismissed without trial, four dollars; in all other appeal cases, eight dollars. In case there is more than one trial, three dollars shall be added to such limitation for each additional trial.

title to lands to

ty court.

SECTION 13. When in any suit, commenced before Suits involving any justice of the peace of Winnebago county, a plea be certified by or answer shall be put in showing that the title of justice to counlands will come in question, as provided by sections fifty-one, fifty-two, fifty-three, fifty-four and fifty-five of chapter one hundred and twenty of the revised statutes, or of any act which may hereafter be passed amendatory thereof, such suit shall be sent and certified to said county court, instead of the circuit court of said county, and wherever in said sections the words circuit or circuit court are used, the same shall be and are hereby changed, so far as the same relate to Winnebago county, to county and county court, and the bond to be given shall be conditioned to prosecute his said action in the county court instead of the circuit court. This section shall take effect and be in force on the first of May, A. D. 1870.

SECTION 14. This act, (except said section 13,) shall take effect and be in force from and after its passage and publication.

Approved February 17, 1870.

Copy of this law to be post

of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by fine, not exceeding one thousand dollars or by imprisonment in the state prison not exceeding one year, or by both, as the court may direct.

SECTION 3. It shall be the duty of every railroad ed in depots. company doing business in this state or the officers thereof, to have a printed copy of this law posted up in every passenger depot in the state of Wisconsin, and every railroad company permitting their trains of cars to run in violation of the provisions of this act shall forfeit and pay the sum of five hundred dollars for each and every violation, to be recovered in an action of debt, and it shall be the duty of the district attorney of each county, where there may be any violations of the provisions of this act, to sue for and recover the said penalty in the name of the state of Wisconsin, and the money when collected shall be paid over in like manner as is provided by law for the payrnents of fines and forfeitures in other cases.

SECTION 4. This act shall take effect and be in force from and after its passage and publication. Approved March 2, 1870.

Shall purchase dictionaries.

How distributed.

CHAPTER 20.

[Published March 4, 1870.]

AN ACT to provide for the purchase of two hundred and fifty copies of Webster's Dictionaries.

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

SECTION 1. The state superintendent of public instruction is hereby authorized and directed to purchase on behalf of the state, two hundred and fifty copies of Webster's Unabridged Dictionary, at a cost not to exceed eight dollars per copy.

SECTION 2. The said dictionaries, when procured, shall be distributed in accordance with the provisions

tered, the clerk of the circuit court of such county may at the request of any party, make a certificate under his hand and official seal, that such judgment (describing it) has been duly satisfied and discharged, and upon filing such certificate with the clerk of the circuit court of any other county where such judgment may have been docketed, such clerk shall enter and note upon the docket of the judgment in his county, that said judgment is paid and satisfied, and such entry shall be evidence that said judgment is paid and satisfied.

SECTION 2. This act shall take effect and be in force from and after its passage and publication. Approved February 24, 1870.

AN ACT to amend section 3 of chapter 103 of the general laws of 1866, entitled an act (entitled an act) to amend chapter 276 of the general laws of 1861, entitled an act to amend, chapter 22 of the general laws of 1859, entitled an act relative to the sale of lands for unpaid taxes, and the conveyance and redemption thereof.

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

SECTION 1. Section 3 of chapter 103 of the general Amended. laws of 1866, approved April 12, 1866, is hereby amended so as to read as follows: Section 3. The provisions of this act shall extend to and be in force only in the counties of Vernon, Richland and Marathon.

Approved February 25, 1860.