USA > Wisconsin > Rock County > The History of Rock County, Wisconsin: Its Early Settlement, Growth, Development, Resources, Etc. > Part 43
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MARKS AND BRANDS.
Every Town Clerk shall, on application of any person residing in his town, record a escription of the marks or brands with which such person may be desirous of marking his > ses, cattle, sheep or hogs; but the same description shall not be recorded or used by more az one resident of the same town. If any person shall mark any of his horses, cattle, sheep
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HISTORY OF WISCONSIN.
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 person 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 deputies at will, on filing a certificate thereof with the County Clerk. He 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 each survey made by him or his deputies, in record books kept therefor, and to so arrange or index the same as to be easy of reference, 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 affirmation 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 other- wise agreed upon with the parties employing 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 return- ing, 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 fur- nished by the person for whom the survey is made. .
For making a copy, 10 cents a folio, and 25 cents for his certificate.
SUPPORT OF THE 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 poor person, who is blind, old, lame, impotent or decrepit, so as to be unable 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.
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ABSTRACT OF LAWS.
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 a former husband, issue to whom the estate might descend. 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 per- sonal property of those after February 21, 1850, remain their separate property. And any married woman may receive, but not from her husband, 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 separate 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 trader; and she may insure his life for her benefit. Her husband is not liable for her debts contracted before marriage ; the individual earnings 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 conveyance, 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 family 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 him- self 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 prose- cuted 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 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 remove from the State, or where the action is for injury to the person or character, or for injury to, or wrong taking, detaining or converting property, or in an action to recover damages for property taken under false pretenses.
2. In an action for a fine or penalty or for money received or property embezzled or fraudulently misapplied by a public officer or attorney, solicitor, or counsel or officer of a corpora- tion as such, or factor agent or broker, or for misconduct or neglect in official or professional employment.
3. In an action to recover property unjustly detained where it is so concealed that the Sheriff cannot find the same.
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HISTORY OF WISCONSIN.
4. Where the defendant was guilty of fraud in contracting the debt, or in concealing or disposing 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 or concealed his property or is about to do so with intent to defraud creditors.
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 contracted.
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 creditor, that he believes that any third person (naming him) has property effects, or credits of defendant, or is indebted to him. also in execution, on a similar affidavit.
JUDGMENT
is a lien on real estate in the county where rendered 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 interest at 7 per cent, or as high as 10 per cent if stipulated for in the contract.
STAY LAWS.
In Justices' Courts, on giving bond with surety within five days after judgment was ren- dered, 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.
EXEMPTIONS.
A homestead not exceeding forty acres, used for agriculture and a residence, and not included in a town plat or a city or village; or, instead, one-quarter of an acre in a recorded town plat, city or village. Also, 1, Family Bible; 2, Family pictures and school-books; 3, Private library; 4, Seat or pew in church ; 5, Right of burial; 6, Wearing-apparel, beds, bed- steads and bedding. kept and used in the family, stoves and appurtenances, put up and used, cooking utensils and household furniture to the value of $200, one gun, rifle or fire-arm to the value of $50; 7, Two cows, ten swine, one yoke of oxen and one horse or mule, or, in lieu thereof, a span of horses or mules, ten sheep and the wool therefrom, necessary food for exempt stock for one year, provided or growing or both, one wagon, cart or dray, one sleigh, one plow, one drag and other farm utensils, including tackle for the teams to the value of $50; 8, Provis- ions and fuel for the family for one year; 9, Tools and implements or stock-in-trade of a
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ABSTRACT OF LAWS.
nechanic or miner, used and kept, not exceeding $200 in value, library and implements of a professional man to the value of $200; 10, Money arising from insurance of exempt property destroyed by fire; 11, Inventions for debts against the inventor; 12, Sewing-machines ; 13, Sword, plate, books or articles presented by Congress or Legislature of a State; 14, Printing- material and presses to the value of $1,500; 15, Earnings of a married person necessary for family support for sixty days previous to issuing process.
LIMITATIONS OF ACTIONS.
Real actions, twenty years ; persons under disabilities, five years after removal of the same. Judgments of Courts of Record of the State of Wisconsin and sealed instruments when the cause accrues within the State, twenty years. Judgments of other Courts of Record and sealed instruments accruing without the State, ten years. Other contracts, statute liabilities other than penalties and forfeitures, trespass on real property, trover detinue and replevin, six years. Actions against Sheriffs, Coroners and Constables, for acts done in their official capacity, except for escapes, three years. Statutory penalties and forfeitures, libel, slander, assault, battery and false imprisonment, two years. Actions against Sheriffs, etc., for escapes, one year. Persons under disabilities, except infants, may bring action after the disability ceases, provided the period is not extended more than five years, and infants one year after coming of age. Actions by representatives of deceased persons, one year from death ; against the same, one year from granting letters testamentary or of administration. New promise must be in writing.
COMMERCIAL TERMS.
$ Means dollars, being a contraction of U. S., which was formerly placed before any denomination of money, and meant, as it means now, United States currency.
£-Means pounds, English money.
@-Stands for at or to; Ib for pounds, and bbl. for barrels ; # for per, or by the. Thus : Butter sells at 20@30c + Ib, and Flour at $8@12 + bbl. % for per cent., and # for numbers. May 1. Wheat sells at $1.20@$1.25, " seller June." Seller June means that the person who sells the wheat has the privilege of delivering it at any time during the month of June.
Selling short is contracting to deliver a certain amount of grain or stock at a fixed price, within a certain length of time, when the seller has not the stock on hand. It is for the interest of the person selling short to depress the market as much as possible, in order that he may buy and fill his contract at a profit. Hence the " shorts " are termed "bears."
Buying long is to contrive to purchase a certain amount of grain or shares of stock at a fixed price, deliverable within a stipulated time, expecting to make a profit by the rise in prices. The "longs " are termed " bulls," as it is for their interest to " operate" so as to " toss " the prices upward as much as possible.
SUGGESTIONS TO THOSE PURCHASING BOOKS BY SUBSCRIPTION.
The business of publishing books by subscription having so often been brought into disre- pute by agents making representations and declarations not authorized by the publisher, in order to prevent that as much as possible, and that there may be more general knowledge of the relation such agents bear to their principal, and the law governing such cases, the following statement is made :
A subscription is in the nature of a contract of mutual promises, by which the subscriber agrees to pay a certain sum for the work described; the consideration is concurrent that the publisher shall publish the book named, and deliver the same, for which the subscriber is to pay the price named. The nature and character of the work is described by the prospectus and sample shown. These should be carefully examined before subscribing, as they are the
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HISTORY OF WISCONSIN.
basis and consideration of the promise to pay, and not the too often exaggerated statements of the agent, who is merely employed to solicit subscriptions, for which he is usually paid a com- mission for each subscriber, and has no authority to change or alter the conditions upon which the subscriptions are authorized to be made by the publisher. Should the agent assume to agree to make the subscription conditional or modify or change the agreement of the publisher, as set out by the prospectus and sample, in order to bind the principal, the subscriber should see that such condition or changes are stated over or in connection with his signature, so that the publisher may have notice of the same.
All persons making contracts in reference to matters of this kind, or any other business, should remember that the law as written is, that they cannot be altered, varied or rescinded verbally, but, if done at all, must be done in writing. It is therefore important that all persons contemplating subscribing should distinctly understand that all talk before or after the sub- scription is made, is not admissible as evidence, and is no part of the contract.
Persons employed to solicit subscriptions are known to the trade as canvassers. They are agents appointed to do a particular business in a prescribed mode, and have no authority to do it any other way to the prejudice of their principal, nor can they bind their principal in any other matter. They cannot collect money, or agree that payment may be made in anything else but money. They cannot extend the time of payment beyond the time of delivery, nor bind their principal for the payment of expenses incurred in their business.
It would save a great deal of trouble, and often serious loss, if persons, before signing their names to any subscription book, or any written instrument, would examine carefully what it is; if they cannot read themselves call on some one disinterested who can.
CONSTITUTION OF THE STATE OF WISCONSIN. CONDENSED.
PREAMBLE.
Ve, the People of Wisconsin, grateful to Almighty God for our freedom ; in order to secure its blessings, form a more perfect government, insure domestic tranquillity, and promote the general welfare ; do establish this Constitution.
ARTICLE I. DECLARATION OF RIGHTS.
SECTION 1. All men are born free and independent, and have, among other rights, those life, liberty and pursuit of happiness. Governments are instituted to secure these rights.
SEC. 2. There shall be neither slavery nor involuntary servitude, except for the punish- nt of crimes.
SEC. 3. Liberty of speech and of the press shall not be abridged.
SEC. 4. The right of the people to peaceably assemble to consult for the common good
Il never be abridged.
SEC. 5. The right of trial by jury shall remain inviolate.
SEC. 6. Excessive bail shall not be required, nor excessive fines imposed. nor cruel pun- nents inflicted.
SEC. 7. In criminal prosecutions, the rights of the accused shall be protected.
SEC. 8. Criminal offenses shall be prosecuted on presentment of a grand jury. No one [] be twice put in jeopardy for the same offense, nor be compelled to be a witness against Self. Every one shall have the right of giving bail except in capital offenses ; and the writ of eas corpus shall not be suspended, except in case of rebellion or invasion.
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SEC. 9. Every person is entitled to a certain remedy for all injuries or wrongs.
SEC. 10. Treason consists in levying war against the State, or giving aid and comfort to
enemies. Two witnesses are necessary to convict a person of the crime.
SEC. 11. The people are to be secure against unreasonable searches and seizures.
SEC. 12. Bills of attainder, ex post facto laws, or laws impairing obligation of contracts,
= I never be passed.
SEC. 13. No property shall be taken for public use without compensation.
SEC. 14. All laws in the State are allodial. Feudal tenures are prohibited.
SEC. 15. The rights of property are the same in resident aliens and citizens.
SEC. 16. No person shall be imprisoned for debt.
SEC. 17. Wholesome exemption laws shall be passed.
SEC. 18. Liberty of conscience and rights of worship shall never be abridged. The lic money shall never be applied to sectarian uses.
SEC. 19. No religious test shall ever be required as a qualification for any office.
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HISTORY OF WISCONSIN.
SEC. 20. The military shall be in strict subordination to the civil power.
SEC. 21. Writs of error shall never be prohibited by law.
SEC. 22. A free government can only be maintained by adhering to justice, moderation, temperance, frugality and virtue.
ARTICLE II. BOUNDARIES.
SECTION 1. The boundary of the State, beginning at the northeast corner of the State of Illinois, runs with the boundary line of Michigan, through Lake Michigan and Green Bay, to the mouth of the Menominie River ; up that stream and the Brule River to Lake Brule ; along the southern shore of that lake to the Lake of the Desert; thence in a direct line to the head of Montreal River ; down the main channel of that stream to the middle of Lake Superior; thence through the center of said lake to the mouth of St. Louis River ; up the channel of that stream to the first rapids ; thence due south to the main branch of the St. Croix ; down that river and the Mississippi to the northwest corner of Illinois; thence due east with the northern boundary of that State to the place of beginning.
SEC. 2. The propositions in the enabling act of Congress are accepted and confirmed.
ARTICLE III. SUFFRAGE.
SECTION 1. The qualified electors are all male persons twenty-one years of age or upward, who are (1.) white citizens of the United States ; (2.) who are white persons of foreign birth that have declared their intentions, according to law, to become citizens; (3) who are persons of Indian blood and citizens of the United States ; and (4.) civilized Indians not members of. any tribe.
SEC. 2. Persons under guardianship, such as are non compus mentis or insane, and those convicted of treason and felony and not pardoned, are not qualified electors.
SEC. 3. All votes shall be by ballot, except for township officers when otherwise directed by law.
SEC. 4. No person shall be deemed to have lost his residence by reason of his absence on business for the State or United States.
SEC. 5. No person in the army or navy shall become a resident of the State in conse- quence of being stationed therein.
SEC. 6. Persons convicted of bribery, larceny or any infamous crime, or those who bet on elections, may be excluded by law from the right of suffrage.
ARTICLE IV. LEGISLATIVE.
SECTION 1. The Legislative power is invested in a Senate and Assembly.
SEC. 2. Members of the Assembly shall never number less than fifty-four, nor more than one hundred ; of the Senate, not more than one-third, nor less than one-fourth of the mem- bers of the Assembly.
SEC. 3. Census shall be taken, every ten years, of the inhabitants of the State, beginning with 1855, when a new apportionment of members of the Senate and Assembly shall be made; also, after each United States census.
SEC. 4. Members of the Assembly shall be chosen on the Tuesday succeeding the first Monday of November of each year.
SEC. 5. ' Members of the Senate shall be elected for two years, at the same time and in the same manner as members of the Assembly.
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CONSTITUTION OF THE STATE OF WISCONSIN.
SEC. 6. No person shall be eligible to the Legislature, unless a resident of the State one ear, and a qualified elector.
SEC. 7. Each House shall be the judge of the qualifications of its members. A majority hall be necessary to form a quorum.
SEC. 8. Each House shall make its own rules.
SEC. 9. Each House shall choose its own officers.
SEC. 10. Each House shall keep a journal of its proceedings.
SEC. 11. The Legislature shall meet at the seat of government once a year.
SEC. 12. No member shall be eligible to any other civil office in the State, during the for which he was elected.
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SEC. 13. No member shall be eligible to any office of the United States, during the term for which he was elected.
SEC. 14. Writs of election, to fill vacancies in either House, shall be issued by the Gov- ernor.
SEC. 15. Except treason, felony and breach of the peace, members are privileged from arrest in all cases ; nor subject to any civil process during a session.
SEC. 16. Members are not liable for words spoken in debate.
SEC. 17. The style of all laws shall be, "The people of the State of Wisconsin rep- resen ted in Senate and Assembly, do enact as follows:"
SEC. 18. Private or local bills shall not embrace more than one subject.
SEC. 19. Bills may originate in either House, and a bill passed by one House may be amended by the other.
SEC. 20. Yeas and nays, at the request of one-sixth of the members present, shall be entered on the journal.
SEC. 21. [Each member shall receive, as an annual compensation, three hundred and fifty dollars and ten cents for each mile traveled in going to and returning from the seat of gov- ernment]. As amended in 1867.
SEC. 22. Boards of Supervisors may be vested with powers of a local, legislative and administrative character, such as shall be conferred by the Legislature.
SEC. 23. One system only, of town and county government, shall be established by the Legislature. SEC. 24. The Legislature shall never authorize any lottery, or grant any divorce.
SEC. 25. Stationery, for State use and State printing, shall be let by contract to the low- est bidder.
SEC. 26. Extra compensation to any public officer shall not be granted after service is rendered, nor shall his compensation be increased or diminished during his term of office.
SEC. 27. The Legislature shall direct, by law, in what manner and in what Courts suits against the State may be brought.
SEC. 28. Public officers shall all take an oath of office.
may SEC. 29. The Legislature shall determine what persons shall constitute the militia, and provide for organizing the same.
SEC. 30. Members of the Legislature shall vote viva voce in all elections made by them .
SEC. 31. [Special legislation is prohibited (1) for changing the name of persons, or con- stituting one person the heir-at-law of another ; (2) for laying out, opening or altering high- ways, except in certain cases; (3) for authorizing persons to keep ferries ; (4) for authorizing the sale of the property of minors; (5) for locating a county seat ; (6) for assessment of taxes ; (!) for granting corporate powers, except to cities; (8) for apportioning any part of the school fund; and (9) for incorporating any town or village, or to award the charter thereof]. Added by amendment, in 1871.
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