revised statutes are hereby stricken out, and the said section is amended by inserting in lieu thereof the words "board of supervisors." SECTION 2. This act shall take effect from and af ter its passage and publication. Approved March 4, 1868. Declared navigable. Obstructions to be removed. CHAPTER 84. [Published March 9, 1868.] AN ACT to declare the Shioc river and its tributaries a public highway for driving or running logs, and to regulate the same. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. The Shioc river and its tributaries are hereby declared to be navigable streams for the pur pose of driving legs and timber from the head waters of said river and its tributaries to its mouth where it enters into the Wolf river, and it shall be lawful for any person or persons to drive logs and timber upon said Shioc river and its tributaries, subject to the conditions and limitations hereinafter provided. SECTION 2. It shall not be lawful for any person or persons to obstruct the said Shioc river or its tributaries with any logs, timber or other materials, so as to obstruct the free navigation thereof for logs and timber, and in case any person or persons owning logs or timber, or having the same in charge, shall suffer or permit the same to remain at any place or places in said streams so as to obstruct the same for the free passage of logs or timber belonging to other parties, it shall be lawful for such other parties owning such logs or timber, or the person or persons having the same in charge, to remove such obstructions by driving the said logs and timber down any or either of said streams to some safe and secure place in said streams or in the Wolf river. Compensation SECTION 3. The person or persons or company, reobstructions. moving any such obstruction in the manner provided for removing in the last section, shall be entitled to a fair and reasonable compensation therefor, and for all labor and materials used in removing such obstruction, and in taking the charge and care of said logs and timber at the place to which the same may be removed, and shall have a lien thereon for such costs, charges and expenses, and said lien may be enforced in the manner provided by chapter 215 of the general laws of 1860, entitled an act providing for a lien for labor and services upon logs and lumber in certain counties." SECTION 4. This act shall take effect and be in force on or after its passage and publication. Approved March 4, 1868. CHAPTER 85. [Published March 10, 1868.] AN ACT to prevent the location of cemeteries adjacent to the benevolent institutions of the state. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. No cemetery shall be located within two Location of hundred rods of either the institution for the blind, cemeteries pro the institution for the deaf and dumb, the hospital for tain limits. the insane, the state reform school or the soldiers' or phans' home, without the consent of the trustees thereof. SECTION 2. This act shall take effect and be in force from and after its passage. Approved March 4, 1868. Amended. CHAPTER 86. [Published March 9, 1868.] AN ACT to amend section thirty-two of chapter six, of the revised statutes, entitled "of the public printing, and of the publication and distribution of statutes and other public documents." The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. Section thirty-two (32) of chapter six (6) of the revised statutes, is hereby amended as follows: "Section 32. All publishers of weekly newspapers who shall publish in their respective newspapers all the acts, designated in the foregoing section, shall be allowed sixty dollars for such entire publication, to be paid out of the state treasury as hereinafter provided. SECTION 2. This act shall take effect and be in force from and after its passage. Approved March 4, 1868. May cultivate shade trees. CHAPTER 87. [Published March 11, 1868.] AN ACT for the protection of shade trees. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. Every person whose lands are bounded by any highway or street, or through whose lands any highway or street may run, may cultivate and grow two or more rows of such kinds of trees as commonly grow forty or more feet in height on either or both sides of said highway or street, which trees may be planted one rod or less apart in the row, leaving a place for the foot path, and within eight feet of the outer line of said highway or street. And after said rows of trees are grown as aforesaid to the height of twelve feet from the ground, the owner may give notice to the officer having the care and charge of said highway or street, that he claims the benefit of this act, for the growing of shade trees; and thereupon the officer shall make a personal examination of the rows of trees and if on such examination he shall find that the owner has grown or planted the trees and that they are growing thriftily, he shall give the owner of said land and trees a certificate showing that he accepts the said rows of trees as shade trees of said highway or street, and thereupon the said trees shall become public shade trees and be protected as public property; but the title to the trees and any fruit they may produce shall remain the property of the owner of the land. SECTION 2. The person receiving the certificate Bounty for raisaforesaid shall be entitled to receive an annual boun- ing shade trees. ty for the growing of public shade trees at the rate of two cents for each rod of shade trees on a side of the road, or four cents for the length of the highway where trees are planted on both sides thereof and grown as aforesaid, which said amount of bounty shall be allowed to the person holding said certificate upon the highway taxes assessed upon the same land. SECTION 3. If any person shall, by himself or ser- Penalty for invant, cut down, break, girdle, bruise, mar the bark, or jury to trees. in any manner injure any public or private shade tree, or shall hitch any horse or animal to any public or private shade tree growing on the side of the highway or street, or shall allow any animal under his control to break, mar or do damage to any shade tree standing in the line of the highway, or street, such person shall be liable to pay the sum of five dollars for every shade tree which is cut down, broken, girdled, bruised, marred or injured, or to which any horse or animal is hitched, or which shall be broken, marred or damaged by any animal under his control, which sum shall be collected by the officer having charge of the highway or By whom enstreet on the side of which the tree so damaged shall forced. stand or be growing, in an action of trespass, and which money when collected shall constitute part of the high way officer having charge of the highways or streets who shall cut down, destroy or damage any tree planted or grown as aforesaid for a shade tree, within eight feet of the outer line of the highway or street, or shall order or permit the same to be done by his workmen, shall be personally liable the same as any other person under the provisions of this section. This section shall not prohibit the owner of the land from cutting any dead or decaying tree for his own use: provided, he shall immediately plant another tree to take the place of the shade tree cut down. SECTION 4. This act shall take effect and be in force from and after its passage and publication. Approved March 4, 1868. Judgment not to be void in certain case. CHAPTER 88. [Published March 9, 1868.] AN ACT concerning judgments rendered by justices of the peace. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. No judgment of a justice of the peace shali be declared void by any court of this state for the reason that the trial of the cause in which such judgment was rendered was held in a house or in a place or room appertaining thereto, in which strong, spirituous, ardent or intoxicating liquors, were at the time of such trial sold, bartered or given away. SECTION 2. This act shall take effect and be in force from and after its passage. Approved March 4, 1868. |