made, shall be noted in the aforesaid "court record," so that the court record will show where all minute entries can be found in each matter or proceeding of record therein.

witnesses to be

SECTION 3. When any witness is sworn or examined Testimony of in any matter or proceeding, in the several county courts reduced to writof this state, the testimony of the witness shall be reduced to writing and filed with the other papers in the

matter or proceeding.

ing.

corded.

SECTION 4. All wills admitted to probate and all Wills to be reorders made in any matter or proceeding, shall be recorded in full, in books of record, to be kept in the county judge's office for that purpose.

lect to comply

SECTION 5. In case any county judge shall neglect Penalty for negor refuse to comply with the provisions of this act, he with this act. shall forfeit a fine and penalty of not less than one hundred dollars in each case of such neglect or refusal, to be collected in the same manner that other penalties and forfeitures are now collected by law.

SECTION 6. The county of Milwaukee is hereby excepted from the operation of this act, and none of the provisions thereof shall apply to the county judge of Milwaukee county.

SECTION 7. This act shall take effect and be in force from and after its passage. Approved March 6, 1868.

CHAPTER 141.

[Published March 13, 1868.]

an

AN ACT to provide for the taxation of telegraph companies, and to repeal chapter 160 of the general laws of 1867, entitled " act to provide for the taxation of telegraph companies."

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

number of

SECTION 1. The several telegraph and other com- Must report panies now engaged in the business of telegraphing in miles of telethis state, or which may hereafter engage in such busi- graph lines to ness therein, shall, on or before the tenth day of January

treasurer.

in each year, make out and return to the treasurer of this state a true and just statement of the number of miles of telegraph line owned and controlled by their res pective companies within this state for the preceding year, up to the first day of January, which statements shall be verified by the affidavits of the respective secretaries and treasurers; and each of said companies shall on or before the day aforesaid, pay to the treas urer of this state, for the use of the state, a sum equal mile to be paid. to one dollar per mile of said line, which shall be in full of all taxes upon said companies.

Amount per

SECTION 2. Chapter 160 of the general laws of 1867, entitled "an act to provide for the taxation of telegraph companies," is hereby repealed.

SECTION 3. This act shall take effect and be in force from and after its passage and publication. Approved March 6, 1868.

Amended.

CHAPTER 142.

[Published March 13, 1868.]

AN ACT to amend chapter 121 of the revised statutes, entitled "of the jurisdiction of justices in criminal cases, and of the proceedings therein," and to repeal chapter 321 of the laws of 1860, entitled "an act to amend 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 thirty, of chapter one hundred and twenty-one, of the revised statutes of this state, is hereby amended so as to read as follows, to wit: "In all cases of conviction under the provisions of this chapter, where no other punishment is prescribed by law, the justice shall enter judgment for fine and costs of prosecution against the defendant, and shall commit him until the judgment is satisfied: provided, that when the fine imposed is five dollars or less, such commitment shall terminate, and such defendent shall be dis

with the provisions and requirements of section twenty, of chapter one hundred and ninety of the revised statutes of this state; and when the fine imposed is more than five dollars and less than fifteen dollars, such commitment shall terminate and such defendant shall be discharged at the end of forty days, upon his complying with the provisions and requirements of section twenty of chapter one hundred and ninety aforesaid; or the justice shall enter a judgment that the defendant be imprisoned in the county jail for a term not less than five nor more than forty days, and shall forthwith commit for the term fixed by such judgment; and in all cases of conviction of offences of which justices of the peace and justices' courts have final jurisdiction, where the judgment shall be that the defendant be imprisoned in the county jail, the justice may, at his discretion, enter a further judgment, that the defendant pay the costs of the prosecution and that he be held in impris onment, in said county jail, until such costs be paid." SECTION 2. Chapter 321 of the laws of 1860, enti- Repealed. tled "an act to amend chapter 121 of the revised statutes, entitled 'of the jurisdiction of justices in criminal cases, and of the proceedings therein,'" is hereby repealed.

SECTION 3. This act shall take effect and be in force from and after its passage. Approved March 6, 1868.

CHAPTER 143.

[Published March 14, 1868.]

AN ACT to amend section 20, chapter 121, and section 16, chapter 176 of the revised statutes.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1. Section 20 of chapter 121 of the revised Section twenty statutes, entitled "of the jurisdiction of justices in crim- amended.

inal cases and of the proceedings therein," is hereby

If complaint willful com

costs.

amended by inserting after the word "jury" in the eighth line of said section, the words, "and the fees of witnesses," so that the section shall read, when amended, as follows: "Whenever the accused, tried under the preceding provisions of this chapter, either by the court or by a jury, shall be acquitted, he shall be immediately discharged; and if the court before whom the trial is had shall certify in his docket that the complaint was willful and malicious and without probable plainant to pay cause, it shall enter a judgment against the complainant to pay all the costs that shall have accrued to the court and sheriff or constable and jury, and the fees of witness es, in the proceedings had upon such complaint. The com plainant may stay such judgment for thirty days, by giv ing satisfactory security by bond to the state, with one or more sureties, conditioned for the payment of such judgment at the expiration of thirty days; but if the complainant shall neglect to give such security, or shall neglect to pay such costs, then in such case the court, before whom such cause is tried, may issue execution on such judgment, against the person of the complainant in the same manner and to the like effect as is now provided by law, in cases where execution may issue against a defendant in actions founded in tort."

Section sixteen amended.

SECTION 2. Section sixteen of chapter 176 of the revised statutes, entitled "of the arrest and examina tion of offenders committed for trial and taking bail," is hereby amended by adding at the end thereof the following clause: "and in case the magistrate before whom the proceeding was had, shall, upon the discharge of the prisoner, certify in his docket that the complaint was willful and malicious and without probable cause, he shall forthwith enter judgment against the complainant for all of the costs of the proceeding, including witness fees. The complainant may stay such judgment for may stay judg. thirty days, by giving a bond to the state, with one or more sureties to be approved by the justice, conditioned for the payment of such judgment at the expiration of the thirty days; but if the complainant shall neglect to pay said judgment, or to give such security, then the magistrate shall forthwith issue execution on such judgment against the person of the complainant, which execution shall have the same force and effect as is now provided by law in cases where execution may issue

Complainant

ment.

AN ACT to authorize the state treasurer to close up the circulation of certain banks, and for other purposes.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

give notice for

SECTION 1. The state treasurer is hereby author- Treasurer may ized to give notice in accordance with the provisions redemption. of the banking law, for the redemption of the circulating notes of the twenty-one banks assigned to the state under the provisions of chapter 282 of the general laws of 1865.

withdraw

SECTION 2. To carry out the provisions of section Treasurer may one of this act, the state treasurer is hereby authorized bonds. to withdraw from the bank comptroller the state bonds now on deposit to secure said circulating notes, and deposit with the bank comptroller in lieu thereof a certificate of indebtedness equal to the amount of said circulating notes outstanding, and from time to time pay such sums of money thereon as may be necessary to redeem what circulating notes may be presented, and at the expiration of the time for the redemption of said circulating notes the bank comptroller shall surrender to the state treasurer said certificate of indebtedness, and all funds then remaining in his hands for the redemption of said circulating notes, on receipt of the state treasurer.

SECTION 3. There is hereby appropriated from any funds in the state treasury not otherwise appropriated, a sum sufficient to carry out the provisions of this act. SECTION 4. This act shall take effect and be in force from and after its passage. Approved March 6, 1868.

11 GEN. LAWS.