Officers and SECTION 2. No person shall be entitled to receive a per diem or traveling fees as a witness while attendfees as witness- ing court as an officer or juror. jurors not to receive traveling es. Witness to be in actual at SECTION 3. No person shall be entitled to draw a diem for attendance on court as a witness, unless draw per diem. such person shall have been in actual attendance on tendance to per such court. SECTION 4. This act shall take effect and be in force from and after its passage and publication. Approved March 4, 1868. CHAPTER 95. [Published March 10, 1868.] Railroad com panies must se in nine months. lect lands with Where line is not located must select AN ACT to require railroad companies receiving grants of land from the general government, to locate their roads and select their lands within a certain time specified. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. All railroad companies having lines of road within the limits of this state already located, to whom grants of land have been made by the United States, and which lands have not yet been selected, are hereby required to make such selections of all lands enuring to said railroads under the several acts of congress bestowing such grants respectively, within nine months from the date of the passage of this act. SECTION 2. All railroad companies having lines of road within this state, not yet located and all such within one year companies and corporations upon whom grants of land from the general government of the United States may have been bestowed by the legislature of the state of Wisconsin, are hereby required to cause the location of their respective roads and to select all land enuring to said roads, under the several acts of congress bestowing such grants, within one year from the date of the passage of this act. Penalty for neg SECTION 3. Any railroad company violating or lect to locate. neglecting to comply with the provisions of this act, shall forfeit the grant of land enuring to such company, and such lands shall forthwith revert to the state, and the charter of such company become forfeited: provided, however, that in case any of the selections made in good faith and pursuance of law by the companies shall be rejected by the commissioner of the general land office, said companies shall have such further time as may be absolutely necessary to select the remaining amount of lands they may be entitled to in lieu of such rejections: provided, that the provisions of this act shall not apply to the lands of the Sugar river valley railroad company, nor to the lands of the Portage and Superior railroad company. SECTION 4. All acts and parts of acts inconsistent with this act are hereby repealed. SECTION 5. This act shall take effect and be in force from and after its passage and publication. Approved March 4, 1868. CHAPTER 96. [Published March 9, 1868.] AN ACT to amend chapter 204 of the general laws of 1859, entitled "an act to amend section fourteen of chapter one hundred and sixty-five of the revised statutes." The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. Section two of chapter 204 of the gen- Amended. eral laws of 1859, is hereby amended so as to read as follows: "Section 2. Every person who shall break and enter in the night time or in the day time, any meeting-house, church, court house, town-house, college academy or other building, erected and employed for public use, and steal therein property not exceeding the value of twenty dollars, or who shall commit the crime of larceny in any dwelling-house, office, shop, bank, or warehouse, ship, steamboat, vessel, railroad freight car or passenger car, by stealing therein money or other property not exceeding the value of twenty dollars, Penalty. shall be punished by imprisonment in the county jail for the term of six months, or less in the discretion of the court, or by fine, not exceeding seventy-five dollars. Justices of the peace shall have jurisdiction, concurrent with the circuit court of the offences mentioned in this section, subject to the right of appeal, as in other cases." SECTION 2. This act shall take effect and be in force from and after its publication. Approved March 4, 1868. CHAPTER 97. [Published March 9, 1868.] Amended. AN ACT relating to counties and their boundaries, and amendatory of section 58 of chapter two of the revised statutes. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. Section 58, of chapter two of the revised statutes is hereby amended so that the same shall read as follows, to-wit: Whenever two counties are separated from each other by a river or creek, the middle of the main channel of such river or creek shall be the division line between them, unless otherwise provided in the description of the boundaries of such counties provided, that it shall be lawful to execute all writs and processes issued in any county immediately adjoining such river or creek, at any place on the waters of such river or creek, immediately adjoining and opposite the county from which it was issued. SECTION 2. All acts or parts of acts contravening the provisions of this act are hereby repealed, and this act shall take effect and be in force from and after its passage and publication. Approved March 4, 1868. CHAPTER 98. [Published March, 9, 1868.] AN ACT to amend section two of chapter 127 of the revised statutes, entitled "of arrest and bail." The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. Section two of chapter 127 of the re- Amended. vised statutes is hereby amended by adding thereto a subdivision, to be known as subdivision four of said section, which shall be as follows: When the defendant has been guilty of a fraud in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property, for the taking, detention or conversion of which the action is brought. SECTION 2. This act shall take effect and be in force from and after its passage. Approved March 4, 1868. CHAPTER 99. [Published March 10, 1968.] AN ACT to amend chapter 154 of the general laws of 1862, being an act providing for a lien for labor and service upon logs and lumber in certain counties. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. Section 3 of chapter 154 of the general Amended. laws of 1862, is hereby amended by inserting the words "is indebted to the plaintiff" after the word "therein " in the 13th line of said section, and by adding to said section as follows: "No other affidavit shall be necessary to authorize the issuing of a writ of attachment," so that the section will read when amended as follows: 7 GEN. LAWS. and timber. How to enforce "Section 3. Any person, company or corporation havlien upon logs ing a lien upon or against any logs or timber pursuant to the provisions of this act or of any other law, may enforce the same by attachment against said logs or timber in the circuit court of the proper county upon the conditions and in the manner prescribed by chapter 130 of the revised statutes, entitled 'of proceedings against debtors by attachment,' so far as the same can be made applicable thereto, and not therein otherwise provided. Before any attachment shall be executed, the petitioner or claimant or some one in his behalf shall make and annex thereto an affidavit stating that the defendant named therein is indebted to the plaintiff, (being the claimant or petitioner,) and specifying the amount of such indebtedness, as near as may be, over and above all legal set-offs; and such affidavit shall also show that such indebtedness is due for or accrued for such labor or services on logs or timber as entitles the plaintiff to a lien thereon, describing the logs and timber; and such affidavit shall also state that the plaintiff has filed his petition or statement for a lien. No other affidavit shall be necessary to authorize the issuing of a writ of attachment." SECTION 2. This act shall take effect and be in force from and after its passage. Approved March 4, 1868. Commissioners may appoint appraisers. CHAPTER 100. [Published March 10, 1868.] AN ACT to provide for the appraisal of certain lands in Marathon county. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. The commissioners of school and university lands are hereby authorized to appoint two responsible and trust-worthy persons to act as appraisers of the lands deeded to the state of Wisconsin by Marathon county, in accordance with the provisions |