of chapter 22 of the general laws of 1867, which appraisers so appointed, before entering upon their duties as such, shall each take an oath or affirmation to perform the duties devolving upon them according to law, and to make a just and impartial appraisement of the value of said lands. SECTION 2. It shall be the duty of such ap- Duty of appraisers, under such instructions and forms as shall be praisers. furnished by said commissioners, to describe the nature and quality of said lands, the amount of improvements thereon, if any, and to appraise the said lands in subdivisions of not more than forty acres, at a fair valuation as compared with other lands in the same vicinity. SECTION 3. The said appraisers shall receive for Their pay. their services such reasonable compensation as may be determined by the said commissioners of school and university lands, and the amount certified as due by said commissioners shall be audited by the secretary of state and paid out of the funds arising from the sale of said lands, a sufficient amount of which is hereby appropriated for this purpose. SECTION 4. Immediately upon the completion of Return of apthe appraisal provided for in this act, the said appraisers praisal. shall return the same to the secretary of state, with the oath as provided in this act attached thereto; and the said commissioners of school and university lands shall proceed to sell the said lands at the appraised value: provided, that none of said lands shall be sold previous to the fifth day of March, as provided in section 4 of chapter 22 of the general laws of 1867. SECTION 5. This act shall take effect and be in force from and after its passage. Approved March 4, 1868. Amended. Judge shall re to writing. CHAPTER 101. [Published March 10, 1868.] AN ACT to amend section twelve of chapter 132 of the revised statutes entitled "of issues, mode of trial and judgment in civil cases." The people of the state of Wisconsin, represented in senate and assembly, do enact as follows : SECTION 1. Section twelve of chapter one hundred and thirty-two of the revised statutes, is hereby amended so that the same shall read as follows: "Section 12. Upon the trial of any cause, civil or criminduce his charge al, in any of the circuit courts of this state, it is hereby made the duty of the judge presiding in such court to reduce his charge to the jury empanneled in such cause to writing, before giving the same to such jury, and if any such judge shall give any charge to a jury, or make any comments upon the law or facts, to the jury on the trial of any cause, without the same being reduced to writing before it is given, any judgment which shall be rendered upon the verdict of such jury shall be reversed upon appeal or writ of error to the supreme court, upon the fact appearing: provided, further, that such judge shall give each instruction asked by counsel on the trial of a cause to the jury, without change or modification, the same as asked, or shall refuse each in full: provided, further, that in case a jury, after they have once gone out, shall return to the court for further or other instructions, the judge of such court shall not further charge or instruct such jury without the same being in writing as herein before required: and provided, also, that a charge in writing may be waived by counsel at the time of the commencement of the trial". SECTION 2. This act shall take effect and be in force from and after its passage. Approved March 4, 1868. CHAPTER 102. [Published March 10, 1868.] AN ACT to encourage the planting and growth of trees and for the protection thereof. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: from taxation tree-belts. SECTION 1. Every land owner or possessor of five Lands exempt acres of land or more, who shall reserve from the nat- if planted with ural growth, or shall successfully grow by planting not to exceed one-fifth part thereof in forest trees, in the form of tree-belts, as hereinafter described, shall be entitled to have the land on which such trees grow exempted from taxation from the time the said trees commence to grow, if planted by the owner, until the trees shall reach the height of twelve feet. Whenever the trees Annual bounty. shall have attained the height of twelve feet, he shall be entitled to receive an annual bounty of two dollars per acre for each acre so planted or grown as a tree-belt, which bounty shall be allowed him as hereinafter provided; and the certificate therefor shall be received by the collector of taxes assessed on the entire land of which the tree-belt forms a part, as so much cash. SECTION 2. Tree-belts to be entitled to the benefit How tree-belts to be planted. of this act, shall be reserved or planted on the west or south sides of each tract of land, and shall be not less than thirty feet wide; but no tree-belt shall exceed one-fifth part of the entire tract of land on which the same is planted: provided, that if the east and north sides of any tract of land, or either of them be bounded by a public highway or street, then a tree-belt one rod wide may be planted next to said highway or street, and the same shall be entitled to all the benefits of this act, although such last mentioned tree-belt shall with the other tree-belts on the west and south sides exceed the one-fifth part of the whole of said tract of land. The tree-belts may be composed of any or all of the following kinds of trees, or such species thereof as will grow to the height of fifty feet or more, viz: arbor vitæ, ash, balsam fir, basswood, beech, birch, butternut, cedar, black cherry, chestnut, coffee tree, cucum Width of treebelts. When neglected, cut down or pastured bounty to be withheld. Assessors shall personally examine treebelts. ber tree, elm, hackberry, hemlock, hickory, larch, locust, maple, oak, pine, spruce, tulip tree and walnut. All belts shall be of equal width throughout their entire length, and contain not less than eight trees standat nearly equal distances from each other, on each square rod of land. SECTION 3. Tree-belts to be entitled to the benefits of this act, for each five acres of land must be at least thirty feet wide; for each ten acres of land at least sixty feet wide, and for forty square acres at least one hundred feet wide, and must be on two sides of each square tract of land; and all tree-belts owned by the same land owner must be planted to not exceed one-fourth of a mile apart, or on the west and south sides of every forty square acres of land; and the tree-belts may be divided and planted on any other lines within each forty square acres, by the permission of the assessor. SECTION 4. Whenever any person, after having applied for and obtained a bounty certificate for a treebelt, shall allow such tree-belt to die out by want of culture or otherwise, or shall cut down the same, or shall pasture the same lands with his cattle or animals, or shall so thin out the tree-belts that, in the opinion of the assessor, it shall no longer be entitled to receive the annual bounty hereby offered, or to have the land exempted from taxation, he shall lose all benefit of this act until it shall again be accepted and certified to by the assessor. SECTION 5. It shall be the duty of the assessor upon application of the owner each year, at the time of assessing the personal property in his district, to ascertain by personal examination of all tree-belts for which exemption from taxes or bounties is claimed, and by inquiries whether the belts have been reserved or planted, and are thriftily growing as required by this act; and if he shall be satisfied that they are not so growing, or that the owner has allowed his cattle and animals access to the tree-belts, or that he has cut down or thinned out the same so as to destroy their capacity as a wind-break, he shall assess the land for taxes, and shall refuse to grant any certificate showing that the owner is entitled to a bounty thereon. SECTION 6. This act shall take effect and be in force from and after its passage and publication. Approved March 4, 1868. CHAPTER 103. [Published March 10, 1868.] AN ACT to prohibit the superintendents of the county poor and the county board of supervisors to enter into contracts to sell or furnish provisions or other things for the use of the county poor except in an official capacity. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: not to furnish SECTION 1. No member of the county board of su· Certain officers pervisors or the superintendents of county poor of any provisions for county of this state shall, except in an official capacity county poor. enter into any contract or agreement to sell, furnish or supply provisions, clothing or anything whatsoever for the use of the county poor in his respective county, nor shall any member of the said county boards of supervisors or superintendents of county poor have any pecuniary interest, direct or remote in any such contract or agreement. All contracts or agreements entered into by any member of said boards in contravention of the provisions of this section shall be void and not in any manner binding upon the said county. SECTION 2. This act shall take effect from and after its passage and publication. Approved March 4, 1868. CHAPTER 104. [Published March 10, 1868.] AN ACT to amend section one of chapter 109 of the general laws of 1867, entitled "an act for the preservation of brook trout." The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. Section one of chapter 109 of general Amended. laws of 1867, is hereby amended by striking out the word "November" in the fourth line of said section, and inserting therein the word "September." |