Repealed. CHAPTER 32. [Published February 26, 1868.] AN ACT to repeal section six of chapter one hundred and fortyone of the revised statutes, entitled "actions for the recovery of real property." The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. Section six of chapter one hundred forty-one of the revised statutes, entitled "actions for the recovery of real property," is hereby repealed. SECTION 2. This act shall take effect and be in force from and after its passage and publication. Approved February 21, 1868. Amount to be school build ings. CHAPTER 33. [Published February 26, 1868.] AN ACT to amend section 3 of chapter 116 of the laws of 1866, entitled "an act to incorporate the board of regents of normal schools and to define the duties thereof." The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. In addition to the money now provided used for normal by and limited by law, there may be used by the board of regents of normal schools, out of the income of the normal school fund, a sum not to exceed ten thousand dollars, for completing and furnishing the state normal school building at Whitewater, and a sum not exceeding five thousand dollars for making and completing the improvements and additions to the state normal school building at Platteville, including the furnishing of the same in accordance with the plans adopted by said board of regents of normal schools. SECTION 2. This act shall take effect and be in force from and after its passsage. Approved February 22, 1868. CHAPTER 34. [Published February 26, 1868.] AN ACT to amend section 1 of chapter 173 of the general laws of 1863, entitled "an act to amend an act entitled an act changing the time of holding the terms of the circuit court of Chippewa, Eau Claire, Dunn and Pepin." The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. Section 1 of chapter 173 of the gener- Amended. eral laws of 1863, is hereby amended so as to read as follows: "The general terms of the circuit court in the following named counties, shall be holden at the times hereinafter mentioned, to-wit: In the county of Pepin on the first Monday of March and the first Monday of September in each year; in the county of Dunn on the second Monday of March and the second Monday of September in each year; in the county of Chippewa, on the third Monday of March and the third Monday of September in each year; in the county of Eau Claire, on the fourth Monday of March and the fourth Monday of September in each year." SECTION 2. This act shall take effect and be in force from and after the first day of April 1868. Approved February 22, 1868. Amended. CHAPTER 35. [Published February 26, 1868.] AN ACT to amend section five (5) of chapter 121 of the revised statutes, entitled "of the jurisdiction of justices in criminal cases, and of the proceedings therein." The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. Section five (5) of chapter 121 of the revised statutes is hereby amended so as to read as follows: "On the return of the warrant with the accused, the said justice shall proceed to hear, try and determine the cause within one day, unless continued for for cause: provided, that if the defendant shall, before he pleads to said complaint, make oath that, from prejudice or other cause, he believes the justice will not decide impartially in the matter, the said justice shall immediately transmit all the papers in the case to the nearest justice qualified by law to try a cause between the state and the defendant, who shall proceed to hear, try and determine the same, in the same manner as it would have been lawful for the justice before whom the warrant was returnable to have done; and in case the justice to whom the papers are transmitted is absent, or because of sickness, is unable to proceed with the case when the papers are so transmitted, then the papers shall be transmitted by the justice to whom the warrant was issued to the next nearest justice who is qualified by law and in readiness to try the cause, and such justice shall thereupon proceed to hear, try and determine the same. SECTION 2. This act shall take effect and be in force from and after its passage. Approved February 22, 1868. CHAPTER 36. [Published February 26, 1868.] AN ACT to provide for the appointment of a phonographic reporter for the 9th judicial circuit and fix his compensation. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: circuit may ap er. SECTION 1. The judge of the circuit courts of the Judge of 9th 9th judicial circuit is hereby authorized to appoint a point phonophonographic reporter for the circuit courts of Dane and graphic reportJefferson counties, to be styled "official reporter of circuit courts of the 9th judicial circuit," who shall be skilled in the practice of his art, and who shall hold his office until removed as hereinafter mentioned: provided, however, that the judge shall have power to remove said official reporter on account of incompetency, misbehavior or negligence in the discharge of his duty, the order for the same to be entered upon the record of either of the circuit courts in said circuit, and every vacancy caused by such removal, or by death, resignation or otherwise, to be filled by appointment as in the first instance. porter. SECTION 2. The said reporter shall be a sworn offi- Duties of recer of the court and shall cause the proceedings in each case to be reported unless otherwise specially directed by the judge, and he shall discharge such duties as the judge may direct, and when a transcript of the reporter's notes in any case is desired, the court shall direct the reporter to make a fair transcript of his notes in such case, and when so made such transcript shall be filed in said court among the papers in said cause. SECTION 3. The phonographic reporter shall be al- His compensalowed a per diem compensation to be fixed by the tion. court, which shall be audited and certified, and paid in like manner as prescribed by law for the payment of the sheriff and other officers attendant upon the court: provided, that said per diem compensation shall not exceed the sum of seven dollars per diem. SECTION 4. In addition to the above compensation, the reporter shall be allowed as fees a price per folio, to be fixed by the court, for making and furnishing. Additional compensation. transcripts of his short hand notes of the testimony or other proceedings of the court in the trial of any action,. and the charges for such transcript when made shall be estimated and certified by the said presiding judge, and when so certified shall be forthwith paid under the order of court, by the party on whose behalf the same was ordered, and the amount so paid shall be allowed and taxed as costs in said cause: provided, however, that the said transcript when paid for, shall be filed in the said court among the papers in said cause, subject to be used by the respective parties as the court shall direct; and provided, moreover, that upon failure to pay said charges under such order of the court, the party or parties so failing may be proceeded against by attachment as in other cases for non-compliance with the orders of the court; and provided, moreover, in trials upon indictment the court may order a transcript to be made in cases of conviction, and the charges for the same shall be audited and paid for in the same manner as the reporter's per diem compensation. SECTION 5. All acts and parts of acts conflicting with the provisions of this act are hereby repealed. SECTION 6. This act shall take effect and be in force from and after its passage. Approved February 22, 1868. CHAPTER 37. [Published February 26, 1868.] ended. AN ACT to amend chapter 362 of the general laws of 1860, entitled "an act relating to the Milwaukee county court. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. Section one of chapter three hundred and sixty-two of the general laws of 1860, entitled "an act relating to the the Milwaukee county court," is hereby amended so as to read as follows: Section 1. There is hereby conferred upon the county court of |