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the payment, delivery, alienation, or transfer, of any money, goods, chattels, lands, or real estate, or other bribe, present, or reward, to obtain, procure or influence, the vote of any member of the legislature of this territory, or influence the opinion, judgment, decree or behavior of any judge or judges, justice or justices of the territory, in any action, plea, suit, complaint, indictment, controversy, matter or cause, depending or which shall depend before him or them, such person, so giving, promising or receiving, contracting or securing to be given and taken, paid delivered, aliened, transferred or received, as the case may be, any sum or sums of money, goods, chattels, lands, real estate or other present, reward or bribe as aforesaid, shall be void; the giver and receiver on being duly convicted of giving or receiving any bribe as aforesaid, shall, on conviction, be punished by fine not exceeding one thousand dollars, or by imprisonment at hard labor not exceeding two years, or both at the discretion of the court. And such person so receiving or taking, shall forever thereafter be disqualified to vote. for, or hold any office, of honor, trust or profit under this territory; and if a member of the legislature, on examination and conviction had before such house as he may belong to, said member when so convicted shall be forthwith expelled, and shall forever thereafter be disqualified to vote for or hold any office of honor, trust or profit as herein before provided for.

SECTION 2. If any person shall, directly or indirectly, give or receive any sum or sums of money, or any other bribe, present or reward, or any promise, contract, obligation or security, for the payment of any money, goods, chattels, lands or real estate or for any present or reward or any other thing of value to influence any judge, justice, sheriff, coroner, clerk, consta ble, jailer, attorney general or circuit attorney, member of the legislative assembly, or other officer, ministerial or judicial, but such fees as are allowed by law with intent to induce or influence such officer, to appoint or receive any office or execute any powers in him vested, or perform any duty of him required, with partiality or favor, or otherwise than is required by law, or in consideration that such officer hath appointed any person to any office, or exercised any power in him vested, or performed any duty of him required with

partiality or favor, or otherwise contrary to law, the person so giving, and the officer so receiving any money, bribe, goods, chattels, lands and real estate, present, reward, promise, contract, obligation or security, with interest, or for the purpose or consideration aforesaid, shall be deemed guilty of bribery, and on conviction shall be punished as is heretofore provided for in the first section of this act.

its

SECTION 3. This act to be in force from and after passage, and all acts and parts of acts that contravene the provisions of this act are hereby repealed. Approved January 18, 1838.

Cause to be

continued un

the term.

No. 78.

AN ACT to amend an act entitled "an act concerning the su preme and district courts and defining their jurisdiction and powers."

SECTION 1. Be it enacted by the council and house of less commenced representatives of the territory of Wisconsin, That in 90 days before all actions hereafter to be brought, in any of the dis trict courts of this territory, a trial shall not be had at the first term (except by the consent of the parties) unless the writ shall have been issued and served, at least ninety days before the first day of the term to which the same is returnable; and the declarations filed at the time of the issuing of the writ: provided, that nothing herein contained shall be so construed as to prevent a continuance for good cause. Approved Jan. 19, 1838.

When stray must not be taken up.

79.

AN ACT relating to strays.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That no per son shall take up any unbroke animal as a stray be tween the first day of April and the first day of No

vember, unless the same be found within his lawful enclosure; nor shall any person at any time take up any stray unless it be found on his plantation.

SECTION 2. If any horse, gelding, mare, mule or Qualification. ass, liable to be taken up, come to any person's plantation, any other person may notify him of the fact, and if he fail to take up such stray for more than ten days after such notice, any other person of the same county may take up such stray, and proceed with it as if taken up upon his own plantation, except that he shall produce to the justice of the peace proof of the service of the notice.

stray.

SECTION 3. If any person take up any stray of any Proceedings on kind, and it be not claimed and proved, he shall with- taking up a in ten days take it before a justice of the peace of the county, and make oath that it was taken up on his plantation, and that the marks and brands have not been since altered, to his knowledge.

SECTION 4. If required the justice shall issue a summons to three disinterested householders to appear and appraise the stray.

SECTION 5. The householders, or two of them, shall take an oath that they will fully, fairly and impartially appraise the same, and their appraisement embracing a description of the size, color, age, mark and brands of the stray, shall be entered by the justice in a book kept by him for that purpose.

SECTION 6. The justice shall within ten days furnish the taker up with a certified copy of the entry on his stray book, whose duty it shall be to transmit the same to the clerk of the board of county commis

sioners.

SECTION 7. The justice of the peace shall give to the taker up, a written statement of the duties requir ed by law to be performed by such taker up.

SECTION 8. And it shall be the duty of the taker up, to advertise at three of the most public places in the township in which the stray is posted.

SECTION 9. The clerk of the board of county com- Duty of clerk. missioners, immediately after receiving the certificate

of any stray from the justice, shall record the same in a book to be kept for that purpose.

SECTION 10. Such clerk shall keep in some conspicuous place in his office a list containing a brief description of each stray, the name and residence of

Of secretary of the territory.

Duty of printer.

Contracts for

nually.

an

the taker up, and the time at which it was taken up, and shall enter such description of each stray on the list as soon as the certificate is filed in his office. Any part of said list may be removed when it has remained one year.

SECTION 11. The secretary of the territory shall select and contract with one printer on the east side of the Mississippi river to print all advertisements of strays required by law to be published on that side of the river and another printer on the west side of that river to print all such advertisements of the west side of that river.

SECTION 12. The secretary of the territory, immediately after contracting with any printer, shall notify the clerk of each board of county commissioners on that side of the river of the name and residence of the printer, and the price of advertisements.

SECTION 13. Such printer shall once in each month, issue a newspaper or printed sheet in which he shall give one insertion to all advertisements of strays sent to him, and shall send one copy of such monthly sheets to the clerk of each board of county commissioners on his side of the river.

SECTION 14. Such clerk shall receive, file, and preserve, in his office all such papers sent to him for the inspection of all persons who desire to examine them.

SECTION 15. Such printer shall receive, for each advertisement, a sum agreed upon by the secretary of the territory, in the contract, not to exceed seventy-five

cents.

SECTION 16. The secretary shall contract for the printing to be printing as soon as this law goes into effect, and such contract shall terminate and be renewed on the first day of January annually; and vacancies in the office of printer shall be filled by the secretary of the territory by new contracts, as soon as he shall have given reasonable notice to all the printers in the district.

SECTION 17. If the owner of any stray horse, mule, or ass, do not prove them according to law, within twenty days from the time the same was taken up, the person taking it up shall pay the clerk all fees, the necessary postage, and the price of advertisement, and the clerk shall immediately transmit by mail or otherwise to the proper printer a copy of the appraisement

of the stray, and shall account to the printer for all money received for him.

SECTION 18. Any person may use or work a stray, Stray may be legally taken up by him, if he do so with care and worked. moderation and not abuse or injure it.

claim his prop

SECTION 19. The owner of any stray may, within Owner must one year from the time of taking up, prove the same erty within one by evidence before a justice of the peace, and upon year, the payment of all costs, the reward and a reasonable allowance for keeping the same, he shall be entitled to receive the stray. If the owner and taker up cannot agree in the amount of such allowance, it shall be settled by some justice of the peace, who shall take into consideration the trouble and expense of the taker up, and whatever use or service he may have had of such stray.

the taker up,

SECTION 20. If the owner fail to comply with the or it will vest in preceding section for one year after the time of taking up, and the taker up shall have complied with this law, a complete title to such stray shall vest in the ta

ker up.

claim after a

SECTION 21. If after the end of one year from the if the owner taking up, the owner shall appear and prove such stray year. and pay all costs and expenses as above provided, the taker up shall pay him the appraisement price of the stray, or at his option may deliver him the stray. SECTION 22. If any stray legally taken get away, or die, without the fault of the taker up, he shall not be liable for the same.

SECTION 23. Any person who shall take any head Proceedings on of neat cattle, sheep, hog, or goat, shall, within ten valuable ani taking up less days thereafter, unless it shall have been previously mals. claimed, and proven, by the proper owner, and a tender made of the compensation allowed, go before some justice of the peace of the township or county, and make oath as is required in the taking up of a stray horse. And such taker up shall cause two householders of the township to view such stray, and go with him before said justice. They being first sworn shall describe and appraise such strays as is required in the case of a horse, &c., except that the taker up shall not be required to publish the same in a newspaper, but shall advertise the same in three of the most public places in the township in which strays are taken up, and on failure of the claimants appearing in one year

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