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CHAPTER 24.

[Published February 20, 1868.] AN ACT to amend chapter 168 of the general laws of 1867, en

titled “an act to amend chapter 39 of the general laws of 1866, entitled 'an act to provide a home for the orphans of the sconsin soldiers.'"

Amended.

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dians of orphan children.

The people of the state of Wisconsin, represented in nate

and assembly, do enact as follows:

SECTION 1. Section 2 of chapter 168 of the general laws of 1867, entitled “ an act to amend chapter 39 of the general laws of 1866, entitled 'an act to provide a

home for the orphans of the Wisconsin soldiers,'” is Board of trus- hereby amended so as to read as follows: Section 2. teen to be shar. The board of trustees of the home shall, by virtue of

their office as trustees, be the legal guardians of every child who is now or may bercafter become an inmate of the home, and has no parent living within the state nor any guardian duly appointed prior to the time such child was received into the said home; and they shall be authorized to receive all pensions, back pay and bounty due or to become due to any such child, and shall invest the same upon good security and hold it in trust for such child; and they shall also have power, with the assent of the governor, to bind such child for. such term and to such useful trade or employment as they shall deem for the best interests of such child.

SECTION 2. That in every case where the said trustees have received or taken and now hold in trust any moneys or securities belonging to any child who has been or is now an inmate of the said home, and has a guardian duly appointed as aforesaid, or have bound any such child for any purpose and for a term not yet expired, they shall on demand pay over and deliver to the guardian of such child all the moneys and securities so held by them belonging to such child; and every agreement by said trustees binding such child to service or employment is hereby annulled, and such child is hereby declared to be released and discharged from such service or employment, unless such guardian shall in writing assent to and ratify such agreement.

SECTION 3. This act shall take effect and be in force from and after its passage and publication.

Approved February 15, 1868.

How and by whom moneys to be held.

CHAPTER 25.

(Published February 19, 1868.)

AN ACT to provide for taking the deposition of witnesses in cer

tain cases.

The people of the state of Wisconsin, represented in senate

and assembly, do enact as follows:

ble institutions

SECTION 1. Any court commissioner, justice of the How deposipeace or other officer authorized by the laws of this taken in rela. state to take depositions to be used and read in evi- tion to charitadence in the circuit courts of this state, sare] is hereby authorized and empowered, and it is hereby made the duty of such court commissioner or other officer, upon an application made to him by any two of the trustees or managers of any of the charitable and benevolent institutions of this state, or by any two of the regents of the university, or any two of the regents of normal schools, to issue a subpoena, directed to any person or persons residing or being in the county where such subpoena is issued, requiring such person or persons to appear before such Officer at his office or at any other place in said county, to be named in said subpoena, at a time to be named in such subpoena, then and there to answer such questions as may be put to him or them, touching the said institution therein named or the conduct of any of its officers or agents, or in relation to any other matter relating to the interest of such institution in the management of its business; said subpoena may also require and direct said persons named therein, or any one or more of them, to produce at the time of his or their examination, any books or papers which are in his or their possession, or under his or their control, and the officer issuing such subpoena is hereby authorized and empowered to enforce the attendance of any person upon whom such subpoena has been served, to administer oaths to said witnesses and to compel. said witnesses to testify in the manner now provided by law in courts held by justices of the peace, and may punish any person duly subpoenaed for refusing to appear or for refusing to answer, for a contempt as in other cases provided for before justices of the peace.

Testimony to be reduced to writing

sitions to be delivered.

SECTION 2. The officer issuing such subpoena shall reduce the testimony of any witness appearing before him to writing, and cause the same to be subscribed by the witness; and upon such examination any officer, trustee, regent, manager or agent of the institutions named in such subpoena may appear in person and by counsel, and put such questions to any witness so to be examined in relation to the conduct and management of the said institution, or in relation to any act or acts of any of its officers or agents, or in relation to any other matter relating to the interest of such institution as he or they shall think proper or necessary. The officer or agent of such institution to be affected by the testimony so to be taken, shall have notice, of not less than two days of the taking of such deposition and the right to appear in person and by counsel and cross-examine any

witnesses. To whom depo- SECTION 3. All depositions taken in the manner

provided in this act, shall be delivered by the officer taking the same to the officers applying for such subpoenas, and if any person so examined shall knowingly swear falsely on his or her examination, they or he shall be deemed guilty of perjury, and shall be punished in the manner provided in section two of chapter 167 of the revised statutes, entitled "of offences against public justice."

SECTION 4. Every person subpoenaed to appear and testify, pursuant to the provisions of this act, shall be entitled to receive for [their] his travel and attendance the same fees which are allowed by law to witnesses in courts held by justices of the peace; and the officer taking such depositions shall be entitled to receive the following fees :

For attendance in taking any deposition, two dollars per day.

For every subpoena, twenty-five cents.
For administering any oath, twelve cents.
For reducing such depositions to writing, twelve

folio of one hundred words.

SECTION 5. The secretary of state is hereby authoraccount of fees. ized to audit any account for fees or expenses incurred,

pursuant to the provisions of this act, upon the certifi. cate of the trustees, regents, managers or officers of the institution causing such examination to be had, and when so audited the same shall be paid by the state

Fees for witnesses.

cents per

Secretary of
State to audit

treasurer, and there is hereby appropriated, out of any money in the state treasury which is not otherwise ap. propriated, a sum sufficient to make such payment.

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

Approved February 18, 1868.

CHAPTER 26.

[Published February 29, 1868.]

AN ACT to authorize the appointment of phonographic reporters

for the circuit courts of the counties of Racine and Rock.

The people of the state of Wisconsin, represented in senate

and assembly, do enact as follows:

er.

SECTION 1. It shall be lawful for the judge of the Judge may apcircuit courts of the counties of Racine and Rock to graphic report'appoint one or more phonographic reporters for each of said courts, who shall be sworn officers of said courts, and shall be skilled in the art of short-hand reporting, one of whom shall attend upon the said court at each term thereof when required by such court or the judge thereof so to do, and shall discharge such duties as the judge may direct.

SECTION 2. The phonographic reporter shall be al. Compensation lowed such daily compensation as shall be fixed by the of reporters. judge of the court, not exceeding seven dollars per day for each day's attendance upon such court when required by the judge thereof to attend, which shall be certified, audited and paid in like manner as is

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

SECTION 3. In addition to the above compensation, Additional the phonographic reporters may charge, and collect as fees, ten cents per folio (of one hudred words) for mak. ing and furnishing transcripts of their short-hand notes of the testimony and other proceedings of the court in the trial of any action, to be paid by the party requiring such transcript to be made, except in the trials of

compensation.

criminal cases, when the court may, in its discretion, order such transcript to be made, audited, certified and paid for in the same manner as the reporter's per diem compensation. In such case the reporter's notes shall be written out in full, and filed with the clerk of the

court. Judge may re- SECTION 4. The judge of said court may, in his dismove reporters.

cretion, remove such reporters, or either of them, and

any vacancy caused by such removal, or from any other cause.

SECTION 5. This act shall take effect and be in force from and after its passage.

Approved February 19, 1868.

may fill

CHAPTER 27.

[Published February 24, 1868. ]

AN ACT authorizing the board of supervisors to exempt any

county from the provisions of chapter 404 of the general laws of. 1862, relative to the license and keeping of dogs.

may exempt

thereon.

The people of the state of Wisconsin, represented in senate

and assembly, do enact as follows : County board

SECTION 1. That the county board of supervisors owners of dogs in each county may, at the annual session of such ffere taxation board, exempt such county from the provisions of chap

ser 404 of the general laws of 1862, and all acts amendatory thereto, entitled "an act to regulate the license and keeping of dogs."

SECTION 2. This act shall take effect and be in force from and after its passage.

Approved February 19, 1868.

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