History of Vernon County, Wisconsin, together with sketches of its towns, villages and townships, educational, civil, military and political history; portraits of prominent persons, and biographies of representative citizens, Part 107

Author:
Publication date: 1884
Publisher: Springfield, Union
Number of Pages: 814

USA > Wisconsin > Vernon County > History of Vernon County, Wisconsin, together with sketches of its towns, villages and townships, educational, civil, military and political history; portraits of prominent persons, and biographies of representative citizens > Part 107

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INTEREST.

The legal rate of interest is seven per cent. A higher rate of interest, not exceeding ter per cent. may be contracted for, but the same must be clearly expressed in writing. If a higher rate than ten per cent is collected or paid, the party so paying may, by himself or his legal representatives, recover treble the amount so paid above the ten per cent, if the action is brought within one year, and all bills, notes or other contracts whatsoever, whereby a higher rate than ten per cent. is secured, shall be liable for the principal sum, but no interest shall be recovered.

JURORS.

All persons who are citizens of the United States, and qualified electors of the State, shall be liable to be drawn as jurors, except as pro- vided as follows :

The following persons shall be exempt from serving as jurors :

All officers of the United States, the gov- ernor, lieutenant governor, secretary of State,

attorney general, state superintendent and treasurer; all judges, clerks of courts of record, all county officers, constables, attorneys and counselors at law, ministers of the Gospel of any religious society, practicing surgeons, den- tists, and the president, professors and instrne- tors of the university, and their assistants, and of the several colleges and incorporated acade- mies ; all teachers of the State Normal School, one teacher in each common school, the officers and employes of the several State institutions, one miller in each grist mill, one ferryman at each licensed ferry, one dispensing druggist in each prescription drug-store, all telegraph operators and superintendents, conductors, en- gineers, firemen, collectors and station agents of any railroad or canal, while in actual em- ployment as such ; all officers of the fire de- partments, and all active members of fire com- panies organized according to law ; all persons more than sixty years of age, and all persons of unsound mind or subject to any bodily infirmity amounting to disability ; all persons who have been convicted of any infamous crime, and all persons who have served at any regular term of the circuit court as a grand or pettit juror within one year, except he shall be summoned on a special venire or as a talesman.

CAPITAL PUNISHMENT.

Capital punishment has been abolished in this State.

WOLF SCALPS.

A bounty of five dollars is paid for each wolf scalp.

WEIGIITS AND MEASURES.

Whenever either of the articles, as commodi- ties hereafter mentioned, shall be sold by the ' bushel, and no special agreement as to measure or weight thereof shall be made by the parties, the measure shall be ascertained by weight, and shall be computed as follows :

Sixty pounds for a bushel of wheat, clover seed, potatoes or beans.

Fifty pounds for a bushel of green apples ; fifty-six pounds for a bushel of rutabagas, flax-

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HISTORY OF VERNON COUNTY.

seed, rye or Indian corn shelled, and seventy pounds of Indian corn unsbelled ; fifty pounds for a bushel of rape seed, buckwheat, beets, carrots or onions; forty-eight pounds for a bushel of barley ; forty-five pounds for a bushel of timothy seed; forty-four pounds for a bushel of parsnips ; forty-two pounds for a bushel of common flat turnips : thirty-two pounds for a bushel of oats, and twenty-eight pounds for a bushel of dried apples or dried peaches.

No person shall sell, buy or receive in store any grain at any weight or measure per bushel other than the standard weight or measure per bushel fixed by law ; and, for any violation, the offender shall forfeit not less than $5 nor more than $50.

DAMAGES FOR TRESPASS.

Any person who shall willfully, maliciously or wantonly destroy, remove, throw down or injure any fence, hedge or wall inclosing any orchard, pasture, meadow, garden, or any field whatever on land belonging to or lawfully oe- cupied by another, or open and leave open, throw down, injure, remove or destroy any gate or bars in sneh fence, hedge or wall, or cut down, root up, sever, injure, destroy or carry away when severed, any fruit, shade, orna- mental or other tree, or any shrub, root, plant, fruit, flower, grain or other vegetable production, or dig up, sever or carry away any mineral, earth or stone, or tear down, mutilate, deface or injure any building, sign-board, fence or railing, or sever and carry away any part thereof, stand- ing or being upon the land of another or held in trust, or who shall willfully, maliciously or wantonly ent down, root up, injure, destroy or remove or carry away any fruit, ornamental or other tree, or any shrub, fruit, flower, vase or statue, arbor, or any ornamental structure, standing or being in any street or public ground in any eity or village, in any private inclosure or highway, or destroy, remove, mu- tilate or injure any milestone or board, or any guide-post or board erected in any highway or

public way, or on any turnpike, plank-road or railroad, or deface or obliterate any device or inscription thereon, or eut down, break down, remove, mutilate or injure any monument erected or tree marked for the purpose of des- ignating the boundaries of any town or tract of land or sub-division thereof, or deface or oblit- erate any figures, letters, device or inscription thereon, made for such purpose, or break, re- move, destroy or injure any post, guard, railing, or lamp-post or lamp thereon, erected or being on any bridge, street, sidewalk, alley, court, passage, park, publie ground, highway, turn- pike, plank or railroad, or extinguish or break any lamp on any such lamp-post, or tear, de- face, mutilate or injure any book, map, pam- phlet, chart, picture or other property belong- ing to any public library, or take and carry away the same with intent to convert to his own use, or shall injure or destroy any personal property of another, shall be punished by im- prisonment in the county jail not more than six months, or by fine not exceeding $100.

Any person who shall willfully, maliciousły or wantonly kill, maim, mutilate, disfigure or injure any horse, mule, cattle, sheep or other domestic animal of another, or administer poison to such animal, or expose any poison, with intent that the same may be taken or swallowed by such animal ; and any person who shall overdrive, overwork, overload, maim, wound, torture, torment, cruelly beat or kill any such animal belonging to himself or another, or being the owner or having the care or charge thereof, shall fail to provide necessa- ry food, water or shelter for any such animal, or who shall turn out and abandon, without proper care and protection, or cruelly work any such animal when old, diseased, disabled or unfit for work, or shall carry or confine any live animal, fowl or bird, in a eruel or inhuman manner, or who shall cause, proeure or abet any cruelty above mentioned, or the fighting or baiting of bulls, dogs or cocks, shall be punished

797

HISTORY OF VERNON COUNTY.

by imprisonment in the county jail not more than six months or by fine not exceeding $100.

ESTRAYS.

No stray, except horses and mules, shall be taken up by any person not a resident of the town in which it is found; nor unless it is found upon land owned or occupied by him. Every finder for a stray must notify the owner, if he is known, within seven days, and request him to pay all reasonable charges and take the stray away. If the owner is not known, he must file a notice with the town clerk within ten days, who shall transmit a copy thereof to the county clerk.

If the stray is not worth $5, the finder shall post a copy of such notice in two public places in such town ; if it exceed $5 in value, he shall publish such notice four successive weeks, either in some newspaper published in the county or in an adjoining county, if one be published nearer his residence than any pub- lished in his county ; but if no newspaper is published within twenty miles of his residence, then he must post such notice in three public places in his county. Such notice shall describe the stray by giving its marks, natural or arti- ficial, as near as possible, the name and resi- dence of the finder, specifying the section and town, and the time when such stray was taken up. For neglect to post up or publish as re- quired, the finder shall be liable to double the amount of damages sustained by the owner. For neglect to post or publish for one year, the finder shall be liable for its full value, to be recovered in the name of the town, and the amount recovered to be added to the school fund of such town.

The finder shall, within one month, cause the stray to be appraised by a justice of the peace, and a certificate of such appraisal signed by such justice filed in the town clerk's office. The finder shall pay the justice fifty cents for such certificate, and ten cents per mile for each mile necessarily traveled to make the same.

The owner may have the same restored to him any time within one year after such notice is filed in the town clerk's office, by proving that the stray belongs to him, and paying all lawful charges incurred ingrelation to the same. If the owner and finder cannot agree as to the charges, either party, on notice to the other, may apply to a justice of such town to settle the same, who, for that purpose,"may examine witnesses upon oath, and the amount found due, with the costs, shall be a lien upon such stray. If no owner applies for the return of such_stray, as [provided, and the same is not worth more than $10, it_ shall [; become the absolute property of such finder ; but if the ap- praisal shall exceed $10, it shall be sold at pub- lic auction by the sheriff or any, constable of the county, on the request of the finder, and he shall be entitled to one half the proceeds, and the other half shall be paid to the treasurer of the town within ten days. If the finder shall neglect or refuse to cause such sale, he shall pay to the town the value of such stray, to be recovered by the town.

If any person, without the consent of the owner, shall take away such stray, without first paying the lawful charges, he shall be liable to the finder for the value of such stray. If the finder shall neglect to do any act prescribed above, he shall be precluded from acquiring any right in such stray, and from receiving any charges or expenses relative thereto.

FENCES.

The overseers of highways in their respective towns, the aldermen of cities in their respective wards, and the trustees of villages in their re- spective villages, shall be fence viewers, and in towns having less than three road districts, the supervisors shall be fence viewers.

All fences four and a half feet high, and in good repair, consisting of rails, timber, boards or stone walls, or any combination thereof, and all brooks, rivers, ponds, creeks, ditches and hedges or other things which shall be considered equivalent thereto, in the judg-

798

HISTORY OF VERNON COUNTY.

ment of the fence viewers, within whose ju- risdiction the same may be, shall be deemed legal and sufficient fences. Every partition of a fence, or line upon which a fence is to be built, made by the owners of the adjoining lands, in writing, sealed and witnessed by two witnesses, or by fence viewers in writing, under their hands, after being recorded in the town clerk's office, shall oblige such owners and their heirs , as long as they remain owners, and after parting with the ownership, until a new partition is made. A division of a parti- tion fence, or line upon which a partition fence between adjoining lands shall be built, may be made by fence viewers in the following cases :

1. When any owner of uninclosed lands shall desire to inclose the same, he may have the line between his land and the adjoining land of any other person divided, and the por- tion upon which the respective owners shall erect their share of the partition fence assigned, whether such adjoining land be inclosed or not.

2. When any lands belonging to different per- sons in severalty, shall have been occupied in common, or without a partition fence between them, and one of the occupants shall be desirous to occupy his part in severalty, and the oth- ers shall refuse or neglect, on demand, to divide with him the line where the fence ought to be built, or to build a sufficient fenee on his part of the line, when divided, the occupant desiring it may have the same divided, and the share of each assigned.

3. When any controversy shall arise about the right of the respective occupants in partition fences, or their obligations to maintain the same, either party may have the line divided, and the share of each assigned.

In either case, application may be made to two or more fence viewers of the town where the lands lie, who shall give reasonable notice in writing to each party, and they shall in writing under their hands, divide the partition fence or line, and assign to each owner or occupant

his share thereof, and in the second and third cases direet within what time each party shall build or repair his share of the fence, hav- ing regard to the season of the year, and shall file such decision in the town clerk's office. If either party shall neglect or refuse to build or repair within the time so assigned his part of the fence, the other may, after having completed his own part, build or repair such part, and re- cover double the expense thereof.

Where the whole or a greater share than be- longs to him has been built by one of the occu- pants, before complaint to the fence viewers, the other shall be obliged to pay for his share of such fence.

Where uninclosed land is afterward inclosed, the owner shall pay for one-half the partition fence upon the line between him and any other owner or occupant.

If any person shall determine not to keep in- closed any part of his land adjoining any par- tition fence, and shall give six months' notice of such determination to all adjoining occupants, he shall not be required to maintain any part of snch fence during the time his lands shall lie open.

LANDLORD AND TENANT.

The common law right to destrain for rent is abolished.

The atonement of a tenant to a stranger shall be absolutely void, and shall not in anywise effect the possession of his landlord, unless it be made

1. With the consent of the landlord; or

2. Pursuant to, or in consequenceof, a judg- ment or order of a court of competent jurisdic- tion; or

3. To a purchaser upon a judicial sale, who shall have acquired title to the lands by a con- veyance thereof, after the period for redemp- tion, if any, has expired. A tenancy, a will or sufferance may be determined by the landlord, giving one month's notice to quit, or the tenant giving one month's notice of his intention to quit, or if the terms of payment are for less than

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HISTORY OF VERNON COUNTY.

a month, notice equal to the time between pay- ments, or for non-payment of rent, fourteen days' notice to quit. Such notice shall be served by delivering the same to such tenant, or to some person of proper ageresiding on the prem- ises, or if no such person can be found, by affix- ing the same in a conspicuous part of the prem- ises, where it may be conveniently read, and, at the expiration of the time required after the service of such notice, the landlord may re-enter, or maintain an action for the recovery of the possession thereof, or proceed in the manner prescribed by law to remove such tenant without further or other notice to quit. If, after giving notice of determination to quit, the tenant neg- lects or refuses to deliver up the premises, he shall be liable to double the rent agreed upon, to be collected the same as single rent.

MARKS AND BRANDS.

Every town clerk shall, on application of any person residing in his town, record a description of the marks or brands with which such person may be desirous of marking his horses, cattle, sheep or hogs; but the same description shall not be recorded or used by more than one resident of the same town. If any person shall mark any of his horses, cattle, sheep or hogs, with the same mark or brand previously recorded by any resident of the same town, and while the same mark or brand shall be used by such resident, he shall forfeit for every such offense $5; if any person shall willfully mark or brand any of the horses, cattle, sheep or hogs, of any other per- son with his mark or brand, he shall forfeit for every such offense $10; and, if any person shall willfully destroy or alter any mark or brand upon any of the horses, cattle, sheep or hogs of another, he shall forfeit $10, and pay to the party injured double damages.

SURVEYORS AND SURVEYS.

A county surveyor is elected every two years. The surveyor may appoint and remove depu- ties at will, on filing a certificate thereof with the county clerk. lle shall be responsible on

his bond for the faithful performance by every deputy of his duties.

It shall be the duty of the county surveyor

1. To execute, himself or by his deputy, any survey which may be required of him by order of court, or upon application of any individual or corporation.

2. To make a record of the plat and field notes of cach survey made by him or his depu- ties, in record books kept therefor, and to so ar- range or index the same as to be easy of refer- ence, and to file and preserve in his office the original field notes and calculations thereof.

3. To safely keep all books, records, plats, files, papers and property belonging to his office; afford opportunity to examine the same to any person desiring, and deliver the same to his successor in office.

4. To furnish a copy of any record, plat or paper in his office, to any person on demand and payment of his legal fees therefor.

5. To administer to every chainman and marker assisting in any survey, before com- mencing their duties as such, an oath or affir- mation faithfully and impartially to discharge the duties of chainman or marker, as the case may be; and the surveyor and his deputies are empowered to administer the same.

6. To perform such other duties as may be required by law.

The surveyor and his deputies may demand and receive the following fees, except it be otherwise agreed upon with the parties employ- ing them, to wit:

For each day's service, $3.

For each mile traveled in going from his office to the place of rendering service and returning, 10 cents.

For plat and certificate, except town plats, 50 cents.

For recording a survey, 50 cents.

For each chainman and marker necessarily employed, $1.50 per day, unless they be furnished by the person for whom the survey is made.

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HISTORY OF VERNON COUNTY.

For making a copy, 10 cents a folio, and 25 cents for his certificate.

SUPPORT OF THIE POOR.

Every town shall relieve and support all poor and indigent persons lawfully settled therein, whenever they shall stand in need thereof, excepting as follows:

The father, mother and children, being of sufficient ability, of any person, who is blind, old, lame, impotent or decrepit, so as to be un- able to maintain himself, shall at their own charge, relieve and maintain such poor person in such manner as shall be approved by the super- visors of the town where such person may be, and, upon the failure of any such relative so to do, the supervisors shall apply to the county judge for an order to compel such relief.

Legal settlement may be acquired by one year's residence in a town of this State.

MARRIED WOMEN.

In Wisconsin, the marriage of a femme sole, executrix or administratrix, extinguishes her authority; and of a female ward, terminates the guardianship as to custody of person, but not as to estate. The husband holds his deceased wife's lands for life, unless she left, by former husband, issue to whom the estate might de- scend. Provisions exist by which powers may be given to married women, and regulating their execution of them. If husband and wife are impleaded, and the husband neglects to defend the rights of the wife, she applying before judg- ment, may defend without him; and, if he lose her land, by default, she may bring an action for ejectment after his death. The real estate of females married before, and the real and personal property of those after Feb. 21, 1850, remain their separate property. And any mar- ried woman may receive, but not from her hus- band, and hold any property as if unmarried. She may insure the life of her husband, son, or any other person, for her own exclusive benefit. The property of the wife remains to her separ- ate use, not liable for her husband's debts and

not subject to his disposal. She may convey her separate property. If her husband desert her, or neglect her, she may become a sole trad- er; and she may insure his life for her benefit.

Her husband is not liable for her debts con- tracted before marriage; the individual earn- ings of the wife are her separate property, and she may sue and be sued alone, in regard to the same. She may make and hold deposits in savings banks. She may, by a separate convey- ance, release her dower in any lands which her husband has conveyed.

If a woman has authority, she can transact all her husband's business for him; and while they live together, the wife can buy all things necessary for the support of the family, and for which he is liable.

The husband is responsible for necessaries supplied to his wife, if he does not supply them himself; and he continues so liable if he turns her out of his house, or otherwise separates himself from her without good cause. But he is not so liable if she deserts him (unless on extreme provocation), or if he turns her away for good cause. If she leaves him because he treats her so ill that she has good right to go from him, this is the same thing as turning her away, and she carries with her his credit for all necessaries supplied to her; but what the misconduct must be to give this right, is uncertain. In America the law must be, and undoubtedly is, that the wife is not obliged to stay and endure cruelty and indecency.

If a man lives with a woman as his wife, and represents her to be so, he is responsible the same as if she were his wife, even if it is known that she is not his wife.

ACTIONS.

All distinctions have been abolished, and there is now but one form which must be prosecuted in the name of the real party in interest, except in case of executors, administrators and trustees, and which is begun by the service of a summons

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HISTORY OF VERNON COUNTY.

on the defendant, to be answered within twenty days.

ARREST.

Defendant may be arrested: 1. In an action to recover damages not on contract, where the defendant is a non-resident, or is about to re- move from the State, or where the action is for in- jury to the person or character, or for injury to, or wrong taking, detaining or converting proper- ty, or in an action to recover damages for prop- erty taken under false pretenses.

2. In an action for a fine or penalty or for money received or property embezzled or fraud- ulently misapplied by a public officer or attor- ney, solicitor, or counsel or officer of a corpora- tion as such, or factor agent or broker, or for misconduct or neglect in official or profes- sional employment.

3. In an action to recover property unjustly detained where it is so concealed that the sher- iff cannot find the same.

4. Where the defendant was guilty of fraud in contracting the debt, or in concealing or dis- posing of the property for the taking, detaining or disposing of which the action is brought.

An affidavit must be made on the part of the plaintiff, stating the cause of action and one of the above causes.

ATTACHMENT

is allowed on an affidavit that the defendant is indebted to plaintiff, and stating the amount and that it is due on contract; and,

1. That defendant has absconded, or is about to abscond, or is concealed to the injury of his creditors.

2. That defendant has assigned, disposed of or concealed his property or is about to do so with intent to defraud ceditors.

3. That the defendant has removed, or is about to remove, his property from the. State with intent to defraud creditors.

4. That the debt was fraudulently con- tracted.

5. That he is a non-resident.

6. Or a foreign corporation.

7. That he has fraudulently conveyed or disposed of his property with intent to defraud creditors.

The amount sued for must exceed $50.

GARNISHMENT

is allowed on an affidavit on behalf of the ered- itor, that he believes that any third person (naming him) has property effects, or credits of defendant, or is indebted to him, also in execu- tion on a similar affidavit.

JUDGMENT

is a lien on real estate in the county where ren- dered from the date of docketing, and in other counties from the time of filing a transcript, and the lien continues for ten years. It bears inter- est at seven per cent., or as high as ten per cent. if stipulated for in the contract.

STAY LAWS.

In justices courts, on giving bond with surety within five days after judgment was rendered, stay of execution is allowed as follows:

On sums not exceeding $10, exclusive of costs, one month; between $10 and $30, two months; between $30 and $50, three months; over $50, four months.

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History of Vernon County, Wisconsin, together with sketches of its towns, villages and townships, educational, civil, military and political history; portraits of prominent persons, and biographies of representative citizens, Part 107

Author: Publication date: 1884 Publisher: Springfield, Union Number of Pages: 814

Author:
Publication date: 1884
Publisher: Springfield, Union
Number of Pages: 814