Giving away, deemed unlaw

ful.

How penalties enforced.

Construction of

act.

or for the use of the county, in case of a fine or costs due such county.

SECTION 8. The giving away of intoxicating li quors, or other shift or device to evade the provisions of this act, shall be deemed and held to be an unlawful selling within the provisions of this act.

SECTION 9. All fines and penalties for the violation of any of the provisions of this act may be enforced and recovered before any court of competent jurisdiction, by civil action, by complaint, indictment or information, and for that purpose, and for the punishment of all offenses under the provisions of this act, justices of the peace in their respective counties shall have concurrent jurisdiction with the circuit court, and in all prosecutions under this act by complaint, indictment, information or otherwise, it shall not be necessary to state the kind of liquors sold or given away, nor shall it be necessary to state the name of the person to whom the same was sold or given, and in all cases the person or persons bringing the action, and all persons to whom intoxicating liquors shall be sold in violation of this act, whether it be the husband or wife of the plaintiff or party bringing the action, shall be competent wit nesses to prove all or any of the issues in the action or proceeding, and no person shall be deemed disqualified as a witness under any proceeding under this act by reason of a marital relation to any party or person interested.

SECTION 10. Nothing in this act shall be construed as repealing any of the provisions of the excise law of this state, now in force, cr of the law prohibiting the sale of intoxicating liquors to minors.

SECTION 11. This act shall take effect and be in force from and after its passage and publication.

Approved March 25, 1872.

CHAPTER 128.

[Published April 5, 1872.]

AN ACT to amend sections 54 and 144 of chapter 152 of the general laws of 1869, entitled an act to codify the laws of this state in relation to highways and bridges.

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

through or

SECTION 1. Section 54 of chapter 152 of the gener- Amended. al laws of 1869 is hereby amended so as to read as follows: "Section 54. No public highway shall be laid Highways out through any orchard or garden, nor through any chards, etc. rebuilding or fixture used for the purpose of trade or strained. manufacture, without the consent of the owner thereof, when the damage caused thereby to such orchard, garden, building or fixture, exclusive of the damage to the land upon which the same are situated shall exceed the sum of seventy-five dollars; nor shall any highway be laid out through any building, fixture, yard or enclosure used for educational or charitable purposes without the consent of the owner thereof."

SECTION 2. Section 144 of said chapter 152 is Amended. hereby amended so as to read as follows: "Section

ed on tax roll

144. Every person who shall, upon notice being given Shall be creditby the overseer, appear with such tools as he shall for labor. direct, and work agreeably to the direction of said overseer, shall be credited on the highway tax roll, which may be still in the hands of said overseer, the amount of such labor or any part thereof: provided, such person performing such labor shall not have paid the full amount of tax assessed to him on said highway tax roll; but in no case shall he receive a greater credit than he may be delinquent on said tax roll, or may be entitled on account of such labor. In case any Shall make reamount shall remain unpaid on the said highway tax tax. roll at the time the said overseer is required by law to make his final report, it shall be the duty of the overseer to return the said unpaid amounts to the supervisors in said report. And it shall be the duty of Shall add to the supervisors to add such unpaid amounts to the ro amounts assessed on the highway tax roll for the succeeding year against such persons whose tax remains

turn of unpaid

succeeding tax

assess tax.

May levy and unpaid. And the overseer receiving such highway tax roll shall collect and expend the same as required by law. The overseer shall have power to levy and assess a tax not to exceed one-fourth of the amount assessed on the taxable property on the higway tax roll of the previous year, said tax to be applied to rendering the highways passable according to the provisions of section one hundred and forty-three of said chapter 152, said tax to be collected in the same way and manner as any other highway tax."

SECTION 3. This act shall take effect and be in force from and after its passage and publication. Approved March 25, 1872.

CHAPTER 129.

[Published April 3, 1872.]

Amended.

AN ACT to amend section one of chapter fifty-four of the gen eral laws of 1858, entitled "an act to amend an act entitled an act to provide for town cemeteries."

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

SECTION 1. Section one of chapter fifty-four of the general laws of 1858 is hereby amended by striking out the words, "not exceeding ten acres," so that the May purchase section will read as follows: "It shall be the duty of ground for cem- the board of supervisors of the several towns of this state, when so instructed by a vote of the electors of the town, at any annual town meeting, to purchase in the name of such town, suitable grounds for and to be used exclusively as a town cemetery."

metery.

SECTION 2. This act shall take effect and be in force from and after its passage. Approved March 25, 1872.

CHAPTER 130.

[Published April 6, 1872.]

AN ACT to appropriate to D. K. Tenney the sum of ninety dollars, for services rendered the state of Wisconsin.

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

SECTION 1. There is hereby appropriated, out of Appropriated. any money in the general fund, not otherwise appropriated, the sum of ninety dollars, to D. K. Tenney, in full payment for services as clerk and attorney of the committee on the assessment and collection of taxes in the assembly in the year 1869; also for preparing and drawing two bills to simplify, codify and consolidate all laws of the state relating to the assessment and collection of taxes; also for all claims arising out of or in any way appertaining to the case set forth in memorial No. 62, assembly of 1872, and stipulating and agreeing that the above sum is in full payment of all demands, of whatever name or nature, growing out of said claim. SECTION 2. This act shall take effect and be in full force from and after its passage and publication. Approved March 25, 1872.

CHAPTER 131.

[Published April 3, 1872.]

AN ACT to amend sections thirty-five and thirty-six of chapter seventy of the revised statutes, entitled "the incorporation of villages."

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

SECTION 1. Section thirty-five of chapter seventy Amended. of the revised statutes is hereby amended so as to read

as follows: "Whenever two-thirds of all the owners May make ap of real estate bounding both sides of any street, or plication for

12-GEN. LAWS.

ment.

street improve- both sides of any part of a street not less than sixteen rods in length, in any village, shall desire to have such street graded, paved or otherwise improved, they may make and sign an application in writing to the board of trustees of said village, specifying in such application, as near as may be, the sum necessary to be raised May levy tax. for that purpose; and it shall be lawful for the trustees to levy and cause to be collected such sum by tax as may be necessary to construct such improvement, on all of the owners of real estate or lots on such street or part of street. Such part of said tax shall be assessed against each of the owners of real estate or lots on said street or part of street as shall be sufficient to so grade, pave or otherwise improve said street along the respective lots or land of said owners, from the boundary line between said land or lots and said street, to the center of said street.'

How tax assessed.

Amended.

May make application for sidewalks.

SECTION 2. Section thirty-six of said chapter seventy of the revised statutes is hereby amended so as to read as follows: "Whenever two-thirds of all the owners of real estate or lots bounding one side of any such street or part of street shall desire to have a sidewalk built or repaired, the application for that purpose shall Tax to be levied be made to the trustees by such owners, and the tax for

the building or repairing such sidewalk shall be levied against the owners of the real estate or lots bounding How assessed. the same. Such part of the tax necessary to construct or repair said sidewalk shall be assessed against each of the owners of real estate or lots along the line of said sidewalk and bounding the same, as shall be sufficient to construct or repair said sidewalk along and contiguous to the respective lots of said owners."

SECTION 3. This act shall take effect and be in force from and after its passage and publication. Approved March 25, 1872.