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payment of principal and interest of bonds.

One member of each county and

attend annual

ized to issue any bonds, shall be severally liable in law, faithfully, promptly and at maturity to pay and discharge the principal and interest due upon every such bond when all the terms and conditions specified and mentioned in the agreement named in section one of this act are fully and completely complied with and fulfilled; and in no case shall said counties, towns, incorporated cities and villages be liable upon said bonds, nor shall any action at law be maintainable upon said bonds in any of the courts of this state to enforce the collection of the same, until all the terms and conditions in said agreement are complied with, but when that is done by said railway company or its assigns, the separate faith of every such county, town, incorporated city or village, shall, when the terms and conditions before named are complied with, by the issue of said bonds, be irrevocably, inviolably pledged for the prompt discharge of every such liability; every such county, town, incorporated city or village, shall annually levy a tax on all its taxable property for the payment of the annual interest on all bonds which it may issue in accordance with the provisions of this act, in addition to all other taxes, equal in amount to the amount of the annual interest on all the bonds which it may issue as aforesaid.

SECTION 7. The board of supervisors of any county town board to or town, the common council of any city and the meetings of rail- trustees of any village, shall annually appoint one of road company. their number, who shall attend the annual meetings of the stockholders of said railway company for the election of officers thereof, and shall be entitled to cast one vote for every share of stock which said county, town, incorporated city or village shall hold in said railway company, and in case of his inability to attend, to appoint in writing, under their hands, soine other person who shall have the same power.

Stock and

bonds of rail

SECTION 8. The shares of stock in said railway company, or the bonds of said company thus taken by for payment of said counties, towns, incorporated cities and villages,

road pledged

county and

town bonds.

and all dividends and interest arising from the same, are hereby pledged for the payment of the principal and interest of said county, town and incorporated city or village bonds: provided, however, that the board of supervisors of any county or town, the common council of any incorporated city or trustees of any incor

porated village, may sell such shares of stock or bonds, and other securities of said company; but the proceeds thereof and interest shall still be pledged to pay the interest and principal of said bonds.

SECTION 9. This act shall take effect and be in force from and after its passage. Approved March 10, 1869.

CHAPTER 135.

[Published March 17, 1869.]

AN ACT to repeal chapter 67 of the general laws of 1867, in relation to deserters from the military and naval service of the United States.

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

SECTION 1. Chapter 67 of the general laws of 1867, Repealed. entitled "an act to authorize the secretary of state to procure and furnish to clerks of county boards of supervisors authenticated lists of deserters from the military and naval service of the United States, and to provide for their distribution," is hereby repealed.

SECTION 2. This act shall take effect and be in force from and after its passage and publication. Approved March 10, 1869.

Section 46 amended.

Section 6 amended.

Section 48 amended.

CHAPTER 136.

[Published March 17, 1869.] -

AN ACT to amend section 46 of chapter 164 of the revised stat utes, entitled "of offences against the lives and persons of indi viduals," and sections 6 and 48 of chapter 165 of the revised statutes, entitled "of offences against property."

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

SECTION 1. Section forty six of chapter one hundred and sixty-four of the revised statutes is hereby amended so as to read as follows: "Any person who shall wilfully and maliciously place any obstruction upon the track of any railroad in this state, or take up or displace a rail or switch or signal, or remove a spike, or otherwise injure, break down or destroy the bridge, road bed or other structures of such railroad, shall be deemed guilty of a felony, and on conviction thereof shall be punished by imprisonment in the state prison for a term of not less than two nor more than ten years.'

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SECTION 2. Section six of chapter one hundred and sixty five of the revised statutes is hereby amended so as to read as follows: "Every person who shall wilfully and maliciously burn any pile or parcel of boards, wood, railroad ties, timber or other lumber, or any stack of hay, grain or other vegetable product, or any vegetable product severed from the soil but not stacked, or any standing grain, grass or other standing product of the soil, shall be punished by imprisonment in the state prison, not more than two years nor less than six months."

SECTION 3. Section forty-eight of chapter one hundred and sixty-five of the revised statutes is hereby amended so as to read as follows: "Every person who shall wilfully or maliciously break down, injure, remove or destroy any public or toll bridge or railroad, a plankroad or telegraph posts or wires, or any turnpike or plankroad gate, or any lock, culvert or embankment of any canal, or remove or displace any machinery or fixture of a railway, or uncouple or disconnect any

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railway cars, or shall wilfully or maliciously make an aperture or breach in any canal or railway embankment with intent to destroy or with intent to obstruct, impede or prevent the use or operation of the same, or injure the same, shall be punished by imprisonment in the state prison not more than three years nor less than six months, or by fine not exceeding six huudred dollars nor less than fifty dollars."

Approved March 10, 1869.

CHAPTER 137.

[Published March 17, 1869.]

AN ACT to amend chapter 176, of the revised statutes, entitled of the arrest and examination of offenders, commitment for trial and taking bail.

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

examination of person charged

with crime may

be changed.

SECTION 1. Chapter one hundred and seventy-six Amended. of the revised statutes, entitled "of the arrest and examination of offenders, commitment for trial and taking bail," is hereby amended by adding thereto a section as follows, viz: Section 35. Whenever any per- How place of son charged with having committed an offence shall be brought before any court commissioner for examination in accordance with the provisions of this chapter, if such person before commencement of the examination shall make oath that from prejudice or other cause he belives that the court commissioner will not decide impartially in the matter, then said court commissioner shall transmit all the papers in the case to the nearest court commissioner qualified by law to conduct the examination, who shall proceed with the examination in the same manner as though said defendant had been brought before him: provided, there shall be more than one court commissioner in the same town, city or village, and in case there shall be only one court commissioner in any town, city or village, then such court commission

er shall transmit all the papers in the case to the coun ty judge of the county in which such proceedings shall be had, who shall proceed with the examination in the same manner as though said defendant had first been brought before him: provided, further, that no case shall be so removed after a second adjourninent had therein, and only one removal shall be allowed in the same

case.

SECTION 2. This act shall take effect and be in force from and after its passage and publication. Approved March 10, 1869.

Amended.

CHAPTER 138.

[Published March 17, 1869.]

AN ACT to amend section 127, general laws 1868, entitled an act to authorize the governor to pay for the expenses of boarding and supporting Wisconsin soldiers iu the "St. Mary's hospital of Mil waukee charitable eye and ear infirmary," who are afflicted with diseases of the eye and ear, contracted while in the service of the United States.

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

SECTION 1. Chapter 127 of the general laws of 1868, is hereby amended so that said chapter when so amended will read as follows: Section 1. The gov Governor may furnish board ernor of this state is hereby authorized to furnish board. for indigent soldiers at hospital and support for such indigent Wisconsin soldiers as are afflicted with diseases of the eye and ear, contracted while in the military service of the United States, at the "eye and ear infirmary department of St. Mary's hospital, Milwaukee," as he may deem proper subjects for treatment at said infirmary. Section 2. The gov ernor is hereby authorized to contract with the trustees of such institution for the board and support, and with an oculist for the treatment of the persons mentioned in the first section of this act, and shall be at liberty at any time to put an end to such contract or contracts both as to individual cases, and generally when he

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