thousand eight hundred and thirty-nine, lying in the county of Rock, is hereby declared to be a legal highway. HARRISON C. HOBART, Speaker of the Assembly. J. E. HOLMES, Lt. Governor and President of the Senate. Approved, March 27, 1849. NELSON DEWEY. Chap 154 An act to vacate part of the plat of the city of Superior, in Dane county. THE people of the state of Wisconsin, represented in senate and assembly do enact as follows: SECTION 1. So much of the town plat of Superior city, in Dane county, as was not vacated by the act, approved March eleventh, 1848, entitled "an act to vacate part of the plat of the city of Superior" be and the same is hereby declared vacated. HARRISON C. HOBART, Speaker of the Assembly. ASA KINNEY, Approved, March 27, 1849. NELSON DEWEY. Chap 155 An act to authorize the aldermen of the First Ward of the city of Mil Aldermen authorized to issue bonds. Special tax to be levied. waukee, te levy a special tax to raise money for the purpose of erecting a market house in said ward. THE People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: SECTION 1. The aldermen of the First Ward of the city of Milwaukee are hereby authorized to issue bonds to an amount not exceeding six thousand dollars, payable out of any funds belonging to the First Ward of said city, not otherwise appropriated, in the treasury at the time said bonds become due, the bonds to be made payable at such time and place, and on such rate of interest, not exceeding ten per cent. per annum. as the aldermen of said ward, or a majority of them, may deem proper and necessary to carry out the object, viz: to build a market house on lots five and six, in block fifty-five in said First Ward. SEC. 2. For the purpose of liquidating and paying the said bonds, the said aldermen of the First Ward of said city shall cause to be levied a special tax upon all the taxable property in said ward, not exceeding one per cent. in any one year, which tax shall be collected and paid over to the city treasurer at the same time and in the same manner and form, as other taxes are collected and paid, and when so collected, the same shall not be appropriated or used for any other purpose whatever than paying the bonds provided for in the first section of this act. SEC. 3. Any alderman voting to have the funds mentioned in this act or any part thereof, appropriated or used for any other When alderpurpose than paying the bonds as provided for in the second sec- men personal. tion of this act, shall be held personally liable for the same; and ly liable. any person having rights by virtue of the provisions of this act, may enforce the same by an action on the case. SEC. 4. The said market house shall belong to and be the Market house property of the First Ward of the city of Milwaukee, and togeth- property of er with the lots upon which the same shall be situated, shall be ward. exempt from all taxes, and the same shall be under the management and control of the aldermen of said ward, and the proceeds arising from the letting of the same, shall enure to the benefit of said ward. SEC. 5. This act shall be submitted to the legal voters of the How act to First Ward, at the next annual charter election held after its pas- take effect. sage, or at any special clection which may be called by the aldermen of said ward, of which ten days notice shall be given by publishing the same in one or more newspapers published in the city of Milwaukee; and if a majority of the votes cast upon the question shall be " for the market house," then this act shall take effect and be valid; but if a majority of the votes so cast shall be "against the market house," then this act shall be null and of no effect. HARRISON C. HOBART, ASA KINNEY, President of the Senate, pro tem. Approved, March 27, 1849. NELSON DEWEY. An act to provide for laying out a state road. THE People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: SECTION 1. That E. H. Ellis, Hubert Simon and Frederick Knops worst be and they are hereby appointed commissioners to lay out and establish a state road from the village of Centreville, in Manitowoc county, to the village of Calumet in the county of Fond du Lac. SEC. 2. The commissioners for laying out such road shall receive such compensation as the board of supervisors of the county of Manitouwoc may see fit. HARRISON C. HOBART, ASA KINNEY, President of the. Senate, pro tem. Approved, March 27, 1849. NELSON DEWEY. Chap 156 Chap 157 An act to legalize the acts of certain town officers of the town of Spring Acts legalized. Prairie, Walworth county, and to declare a road therein described a lawful highway. THE People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: SECTION 1. The acts of the commissioners of highways and the town clerk of the town of Spring Prairie, in Walworth county, in relation to the road hereinafter described, are here hereby legalized. SEC. 2. The road which has been laid out in the aforesaid town commencing at the corner of sections seven and eighteen, in town three of range eighteen, running east fifteen minutes north eighty chains and fifty links, on section line to the centre of an old road at the corner of sections eight and seventeen; notwithstanding any informality in the acts of the aforesaid officers. HARRISON C. HOBART, Speaker of the Assembly. J. E. HOLMES, Lt. Governor and President of the Senate. Approved, March 29, 1849. NELSON DEWEY. Chap 158 Bridge how built. Liability for damage. An act to authorize the construetion of a bridge across Fox river. THE People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: SECTION 1. That James K. Lush, Cornelius Northup and J. L. Buck, their associates and assigns be and they are hereby authorized and empowered to build and construct a bridge across Fox river, on land owned by them, from any point on the north side of the north channel of said river, at Winnebago rapids, on fractional section number twenty-two (22), so the opposite side of said river. SEC 2. That said bridge shall not be less than twelve feet wide, and shall be constructed with a draw over the channel of the river, not less than fifty feet wide, and not less than eight feet high in the clear from the water, and said bridge shall forever remain free of toll in passing the same, and shall be attended so as to permit boats and vessels to pass through the same, at all times free of charge and without unnecessary delay; and shall be commenced within six months and completed within twelve months from the passage of this act. SEC. 3. Any person who shall do any damage to said bridge, shall be liable to the owner or owners thereof for the amount of such damage, to be recovered in any court of competent jurisdiction, and if any damage to said bridge shall be done by the master or commandant of any vessel or water craft, [he] shall be liable for all such damage, and may be proceeded against under the act to provide for the collection of damages against boats and vessels. SEC. 4. If any injury to said bridge shall be wilfully or mali ciously committed, the person committing such injury shall be lia- Persons to be ble to prosecution and punishment according to the provisions of punished for law providing for the punishment of offences against private prop-injuring bridge. erty. SEC. 5. This act may be altered or amended by any future legislature. Approved, March 29, 1849. HARRISON C. HOBART, Speaker of the assembly. ASA KINNEY, President of the Senate, pro tem. NELSON DEWEY. An act for the relief of persons confined in jail on civil process. THE People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: Chap 159 SECTION 1. Every person confined in jail on an execution issued on a judgment recovered in an action of tort, shall be discharged therefrom at the end of ten days from his first confinement, upon the conditions hereinafter specified. SEC. 2. Such person shall cause notice to be given to the Notic to be plaintiff in the suit, his agent or attorney, in writing, that on a certain day and hour, and at a certain place, he will apply to two justices of the peace of the county where the person is committed, stating the names of such justices, for the purpose of obtaining a discharge from his imprisonment. given. SEC. 3. Such notice shall be served by a copy on the plaintiff, Notice how his agent or attorney, twenty-four hours before the hour of hearing served. the application, in cases where the plaintiff, his agent or attorney lives within twenty miles of the place of the hearing; and twenty four hours shall be added to the time of the notice, for every twenty additional miles, the plaintiff, his agent, or attorney shall reside distant from such place. examination. SEC. 4. At the time and place specified in such notice, such Custody of person shall be taken under the custody of the jailer or the sheriff, person-his or his deputy, before such justices, who shall examine the prisoner on his oath, concerning his estate and effects, and the disposal thereof, and his ability to pay the judgment for which he is committed; and they shall also hear any other legal and pertinent evidence that may be produced by the debtor or the creditor. SEC. 5. The plaintiff in the action may, upon such examina- Examination tion, propose to the prisoner any interrogatories pertinent to the of prisoner. inquiry, and they shall, if required by the creditor, be proposed and answered in writing, and the answers shall be signed and sworn to by the prisoner; and the plaintiff in the action may have a copy of the interrogatories and answers, certified by the justices, upon paying therefor the legal fees. SEC. 6. If upon such examination, the justices shall be satisfied Oath of pris. that the prisoner is entitled to his discharge, they shall administer oner. to him the following oath, to wit:—“ I do solemnly swear, Justices' certificate. Prisoner to be discharged. Prisoner may that I have not any estate, real or personal, to the amount of twenty dollars, except such as is by law exempted from being taken in execution, and that I have not any other estate now conveyed or concealed, or in any way disposed of, with design to secure the same to my use, or to defraud my creditors: so help me God." SEC. 7. After administering the oath, the justices shall make a certificate under their hands, as follows: "To the sheriff of the county of The undersigned, two justices of the peace for said county, certify that confined in your jail upon the execution and suit of is entitled to be discharged from imprisonment, if he be imprisoned for no other cause." SEC. 8. The jailor upon receiving such certificate, shall forthwith discharge the prisoner, if he be imprisoned for no other cause. SEC. 9. If such justices should not discharge the prisoner, he apply for dis shall be entitled to apply for his discharge at the end of every charge. succeeding ten days, in the same manner as above provided, and the same proceedings shall thereupon be had. Prisoner ex empt from arrest, &c. Judgment to remain in force. Plaintiff may SEC. 10. The prisoner after being so discharged, shall be forever exempted from arrest or imprisonment for the same debt, unless he shall be convicted for having wilfully sworn falsely upon his examination before the two justices, or in taking the oath before prescribed. SEC. 11. The judgment against any prisoner who is discharged as aforesaid, shall remain in full force against any estate, which may then, or at any time afterwards, belong to him; and the plaintiff in the action may take out a new execution against the goods and estate of the prisoner, in like manner as if he had never been committed on the execution. SEC. 12. If the debtor shall undertake to satisfy the execution, he shall not be entitled to his discharge until he is [has] paid all the charges for his support in prison, in addition to the sum due on the execution, and the costs and charges thereon. SEC. 13. The plaintiff in the action may at any time order the order prisoner prisoner to be discharged, and he shall not thereafter be liable to discharged. imprisonment for the same cause of action. Pay for sup port of pris oner to be advanced. SEC. 14. Whenever a person is committed to jail on execution issued on a judgment recovered in a civil suit, the creditor, his agent or attorney, shall advance to the jailor within twenty-four hours after such commitment, sufficient money to pay for the support of said prisoner, during the time for which he may be imprisoned; and in case the money shall not be so advanced, or if during the time the prisoner may be in confinement, the money should be expended in the support of such prisoner, the jailer shall forthwith discharge such prisoner from custody, and such discharge |