Appointment of

inhabitants of such city or village shall exceed one thousand, and the person so appointed shall be a resident of the village or city in which he is appointed, and shall hold office during the pleasure of such sheriff, and as soon as a vacancy shall occur in the office of deputy sheriff. such deputy, or he become incapable of executing the same, another shall in like manner be appointed in his place, for whose official acts, said sheriff shall be responsible as in case of other deputies or under-sheriffs. SECTION 2. This act shall take effect and be in force from and after its passage. Approved March 9, 1872.

CHAPTER 51.

[Published March 12, 1872.]

Repealed.

AN ACT to repeal chapter one hundred and eighty of the general laws of 1867, entitled "an act to prohibit the picking and sale of unripe cranberries."

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

SECTION 1. Chapter one hundred and eighty of general laws of 1867, entitled "an act to prohibit the picking and sale of unripe cranberries," is hereby repealed.

SECTION 2. This act shall take effect and be in force from and after its passage.

Approved March 9, 1872.

CHAPTER 52.

[Published March 19, 1872.]

AN ACT for the more speedy determination of the right to an

office.

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

warranto to

SECTION 1. In all actions of quo warranto, or to Actions of quo determine the right to an office in this state, pending in have precethe circuit court where the defendant shall demur to dence. the complaint, the issue raised by such demurrer shall have preference upon the calendar, and be tried before jury cases are tried, and if the demurrer shall be sustained by the court, and the plaintiff or relator desire to amend the complaint, such amendment may be made within twenty-four hours, and the action shall be tried and disposed of at the same term, unless continued for good cause; and if the demurrer shall be overruled by the court and the defendant shall obtain leave to answer the complaint, such answer shall be served and filed within twenty-four hours, unless good cause be shown for an extension of such time, and the issue upon said answer shall be tried and disposed of at the the same term, unless continued for cause.

to contain.

SECTION 2. When the defendant in such action what affidavit shall apply for a continuance of the action, he shall be for continuance required not only to show the absence of some witness. or other testimony, but shall also set forth in such application the facts which he expects to prove, and the plaintiff or relator shall be permitted to traverse the facts set forth in the application.

Expiration of

term not to pre

vent proseси

SECTION 3. When such action shall be commenced during the term of the office, the right to which shall be in controversy, and judgment shall not be obtained tion of action. during the said term of office, the action may notwithstanding be prosecuted and tried, and a judgment entered which shall determine the right that any party had to the office.

SECTION 4. This act shall apply to actions of quo Application of warranto or actions brought to determine the right to act. any office now pending, as well as to any such actions

that may hereafter be commenced, and shall be so construed as to give as speedy a trial of such actions as can be had, and secure to the parties a fair and impartial trial.

SECTION 5. This act shall take effect and be in force from and after its passage and publication. Approved March 9, 1872.

CHAPTER 53.

[Published April 3, 1872.]

Time limited.

AN ACT to limit the time for the commencement of actions against towns, counties, cities and villages, on demands made payable to bearer.

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

SECTION 1. No action brought to recover any sum of money, on any bond, coupon, interest warrant, agreement or promise in writing, made or issued by any town, county, city or village, or upon any instalment of the principal or interest thereof shall be maintained in any court, unless such action shall be commenced within six years from the time when such sum of money has or shall become due, when the same has been or shall be made payable to bearer, or to some person or bearer, or to the order of some person, or to some person or his order: provided, that any such action may be brought within one year after this act shall take effect: provided further, that this act shall in no case be construed to extend the time within which an action may be brought under the laws heretofore existing.

SECTION 2. This act shall take effect and be in force from and after its passage.

Approved March 9, 1872.

CHAPTER 54.

[Published April 5, 1872.]

AN ACT to protect the use of the telegraph.

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

divulging con

SECTION 1. Any person connected with any tele- Punishment for graph company transacting business in this state in tents of mesany capacity whatsoever, who shall divulge or cause to sage. be divulged, or in any way or manner whatsoever aid or assist any person other than the person to whom a telegraph dispatch is directed, or who is entitled to receive the same, to obtain the contents of any telegraph message or the substance of the contents of any telegraph message, shall, on conviction before any court in this state, suffer imprisonment in the state prison of the state of Wisconsin not more than five years, or in the county jail not more than one year, or shall pay a fine not exceeding five thousand dollars, or shall be punished by such fine and either of said imprisonments in the discretion of the court, and shall be subject to a civil suit by any person or party sustaining damage thereby, and shall be made liable in said civil suit for all of the damages thereby sustained by any person or party.

SECTION 2. That from and after the passage For procuring and publication of this act, any person in the state the contents. of Wisconsin, who shall procure or attempt to procure from any person or employe of any telegraph company doing business in the state of Wisconsin, the contents of any telegraph dispatch, or the substance of the contents of any telegraph dispatch addressed to any person other than himself, or who shall, by any device or means whatsoever, obtain from any person or employe of said company the contents or the purport or the substance of the contents of any telegraph dispatch not addressed to himself, unless he shall be entitled to know the contents thereof, shall upon the conviction of any such offense in any court of this state, suffer imprisonment in the state prison of the state of Wisconsin, not more than five years, or in

For tampering with or breaking lines.

For doing any act to break

lines.

the county jail not more than one year, or shall pay a fine not exceeding five thousand dollars, or shall be punished by both fine and either of said impris onments, in the discretion of the court, and shall be subject to a civil suit by any person or party sustaining damage thereby, and shall be made liable in said civil suit for all of the damages thereby sustained by any person or party.

SECTION 3. That from and after the passage and publication of this act, any person not being authorized thereto, who shall tamper with the lines of any telegraph company engaged in business in the state of Wisconsin, or who shall interfere with the said lines, or use without the knowledge and consent of any such company any of the lines of any such telegraph company, or in any way or manner whatsoever intentionally interrupt or disturb any of said lines, or shall send or attempt to send, without the knowledge and consent of any such company, any telegraph message, or shall intentionally break or attempt to break, interrupt or disturb the sending of any telegraph message, by any interference with any part of the lines of any such telegraph company, or who shall send or attempt to send any telegraph message by making connection with the line of any such telegraph company, without the knowledge or consent of such telegraph company, shall on conviction thereof in any court of the state of Wisconsin, be punished for each and every such offense by imprisonment in the state prison of Wisconsin, not more than two years, or the county jail not more than one year, or by finɔ not exceeding five thousand dollars, or by both fine and one of said imprisonments, in the discretion of the court, and shall be subject to a civil suit by any person or party sustaining damage thereby, and shall be made liable in said civil suit for all of the damages thereby sustained by any person or party.

SECTION 4. No person shall take down, remove, connection of repair or alter any building or structure, or fell timber, or do or procure or cause to be done any act, although otherwise lawful, which shall destroy or injure the wires, poles or other property of a telegraph company, or break the electric connection thereof, without first giving at least twenty-four hours' notice of his intention to the company at its nearest office, in order that