An Act to provide for laying out certain roads therein named.. The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows. Chap. 168 Commissioners. SECTION 1. That William Fields, George N. Henderson, Appointment of and David Ordway are hereby appointed Commissioners to lay out and establish a state road from a certain angle post on the north line of section sixteen, in the town of Fountain Prairie, in the county of Columbia, so as to intersect a state road passing through said town from Fall River to the town of Springvale in said county, thence easterly on the most feasible route to the village of Beaver Dam in the county of Dodge. Commissioners. SEC. 2. That T. A. Boyd, William Bach, and James Appointment of Bennet are hereby appointed Commissioners to lay out and establish a state road from "Manitowoc to the north-west quarter of section six (6), in township twenty-two (22), north of range twenty-one (21) east, in the county of Brown. Commissioners SEC. 3. That James W. Hawkins, C. L. Warren, and Appointment of Philo Elzea are hereby appointed Commissioners for laying out and establishing a state road from Mayville in the county of Dodge, on the most feasible route to the village of Oshkosh in the county of Winnebago. Commissioners. SEC. 4. That J. C. Lomis, A. Decker, and W. R. Long- Appointment of street be and are hereby appointed Commissioners to lay out and establish a state road from the village of Port Washington in the county of Washington, on the most feasible route to the village of Fond du Lac in the county of Fond du Lac. SEC. 5. That Edward D. Pattengill, James Cochron, and Appointment of Lorenzo Wood be and are hereby appointed Commissioners to lay out and establish a state road from the village of Fort Winnebago to the village of Packwaukie, situate on Buffalo Lake in Marquette county, and thence to Plover in the county of Portage. Commissioners. Appointment of SEC. 6. That Luke Labott, J. S. Ewing, and A. K. Brush be and are hereby appointed Commissioners to lay out and establish a state road from Delhi in Winnebago county, on the most feasible route to Plover in the county of Portage SEC. 7. That E. D. Pattengill, F. F. Hollenbeck and L. Appointment of M. Axford be and are hereby appointed Commissioners to lay out and establish a state road from the village of Packwaukie, situate on Buffalo Lake in Marquette county, to the Dells on the Wisconsin river in the county of Sauk. Commissioners. Commissioners, SEC. 8. That Daniel H. Hubbard, Phillip Frank and Appointment of Charles Windross be and are hereby appointed Commissioners to lay out and establish a state road from Duck Creek at a point where the Green Bay road crosses said creek near the house of Wm. Root, thence on the most feasible route to Big Swancee river. crossing near the west line of section 24. town ship 25, range 20, thence to Little Swancee river, crossing near the mill of Langton, thence to Oak Orchard near the dwelling of Charles Windross, and terminating at or near the mills of David Jones on the Oconto river in Brow county. Compensation SEC, 9. The said Commissioners shall receive for laying may be made by certain counties out of said roads such compensation as the Supervisors of the several counties through which the roads shall run may deter mine: Provided, that no money shall be appropriated there for from the State treasury. Proviso. Chap. 169 Commissioners appointed. may be had. FREDERICK W. HORN, Speaker of the Assembly. DUNCAN C. REED, President pro tempore of the Senate. Approved, March 8th, 1851. NELSON DEWEY. An Act to lay out and establish afstate road therefn named. The People of the State of Wisconsin, represented in Senate und Assembly, do enact as follows: SEC. 1. That H. G. Martin, John O'Leary, and J. Jewett, be and they are hereby appointed Commissioners to lay out a state road from some point in the village of Strongsville, in the town of Berlin and county of Marquette, on the most feasible and direct route to the town of Ceresco in the county of Fond du Lac. SEC. 2. That said Commissioners shall receive for the layCompensation ing out said road, such compensation as the Supervisors of the several counties through which the road shall run may deter mine: Provided that no monies in the State treasury shall be appropriated therefor. Proviso. Chap. 170 Declaration. FREDERICK W. HORN, Speaker of the Assembly. DUNCAN C. REED, President pro tempore of the Senate. Approved March 8th, 1851. NELSON DEWEY. An Act to establish a certain road therein named. The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. That a certain road on the section line running north and south between sections number one and two, in the town of Metomen in the county of Fond du Lac, as laid out and established by the board of Supervisors of said town of Metomen, on the thirtieth day of May, A. D. one thousand eight hundred and forty-nine, is hereby declared to be a public high way. General Provis SEC. 2. That section seventy of chapter sixteen, of title six Suspension of of the revised statutes, is hereby suspended in its operation, so ions. far as relates to the road mentioned in the foregoing section of this act. SEC. 3. This act shall take effect and be in force from and after its passage. Approved, March 8th, 1851. President pro tempore of the Senate. NELSON DEWEY. An Act to prevent the killinglof Deer in certain months of the year. The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: Chap. 171 SECTION 1. No person in this State, except Indians, shall when deer to be kill any wild buck, doe or fawn, during the months of Februa- preserved. ry, March, April, May or June. lation of this SEC. 2. Any person violating any of the provisions of this Penalty for vioact, shall, upon conviction thereof, be fined a sum not more than ten nor less than five dollars and costs of suit. act. SEC. 3. The penalties prescribed in this act shall be sued for and recovered by and in the name of the Overseers of the Fines how rePoor of the town where the offence was committed, in an action covered. to be commenced within three months after the commission of the offence, and shall be applied for the use of the poor of said town. SEC. 4. This act shall take effect from and after the first day of May next. FREDERICK W. HORN, Speaker of the Assembly. SAMUEL W. BEALL, Lt. Governor and President of the Senate. Approved, March 10th, 1851. NELSON DEWEY. An Act to limit the rate of interest. The People of the State of Wisconsin represented in Senate nd Assembly, do enact as follows: Chap. 172 seven per cent. per annum. SECTION 1. The rate of interest upon the loan or forbearance of any money, goods or things in action shall be seven dollars upon one hundred dollars for one year, and after that rate Rate of interest for a greater or less sum, or for a longer or shorter time: Provided, that it shall be competent for parties to contract for the payment and receipt of a rate of interest not exceeding twelve dollars on the one hundred dollars as aforesaid, in which case, Proviso. such rate (exceeding seven dollars on the one hundred dollars). shall be clearly expressed by agreement in writing. SEC. 2. No person or corporation shall directly or indirectly, take or receive in money, goods or other things in action, or Limiting clause. in any other way, any greater sum or greater value, for the loan or forbearance of any money, goods or things in action than is above prescribed. When limit is exceeded, the person paying may recover treble the am't. legal notes to be void. SEC. 3. Every person, who, for any such loan or forbearance, shall pay or deliver any greater sum or value than is above allowed to be received, and his personal representative, may recover in an action against the person who shall have taken or received the same, and his personal representatives, treble the amount of the money so paid or value delivered, above the rate aforesaid, if such action shall be bronght within one year after such payment or delivery. SEC. 4. All bonds, bills, notes, assurances, conveyances, all other contracts or securities whatsoever, (except bottomry and respondentia bonds and contracts) and all deposits of goods or Contracts for il- other things whatsoever, whereupon or whereby there shall be reserved or taken, or secured,or agreed to be reserved or taken, any greater sum or value, for the loan or forbearance of any money, goods or other things in action,than is above prescribed, shall be void, but this act shall not effect contracts made previous to the time this act shall take effect. Persons offend-] any SEC. 5. Every person offending against the provisions of this act shall be compelled to answer on oath bill that may be exhibited against him in the court of chancery in the proper ing to answer county, for the discovery of any sum of money, goods or things in action so taken, accepted or received in violation of the foregoing provisions, or either of them. on oath. Borrower need interest. SEC. 6. Whenever any horrower of any money, goods or things in action, shall file a bill in chancery for a discovery of not offer to pay the money, goods or things in action, taken or received in violation of either of the foregoing provisions, it shall not be necessary for him to pay or offer to pay any interest whatever on the sum or thing loaned; nor shall any court of equity require or compel the payment or deposit of the principle sum, or any part thereof, as condition of granting relief to the borrower, in any case of usurious loan forbidden by this act. examine plain usury. SEC. 7. Whenever in an action at law or suit in equity, the Defendant may defendant shall plead the defence of usury, and shall verify the tiff in a plea or truth of his plea by affidavit, he may, for the purpose of proving the usury, call and examine the plaintiff or complainant as a witness, in the same manner as parties by law can now be made witnesses, and if the plaintiff or complainant shall fail to present himself as a witness, on due notice to him or his attor ney, or give his deposition, the defendant shall be a competent witness to prove the usury. shall declare se SEC. 8. Whenever it shall satisfactorily appear to a court, When Court that any bond, bill, note, assurance, pledge, conveyance, con- curities void. tract, security, or any evidence of debt has been taken or received in violation of the provisions of this act, the court shall declare the same to be void, and enjoin any prosecution thereon, and order the same to be delivered up and cancelled. FREDERICK W. HORN, Speaker of the Assembly. DUNCAN C. REED, President pro temporeof the Senate. Approved, March 10th, 1851. NELSON DEWEY. An Act to authorise Napoleon B. Millard and A D. Bonesteel to build and maintain a [dam] across the Little Wolf River. The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. That Napoleon B. Millard and A. D. Bonesteel, their associates, successors and assigns, are hereby authorized to construct and maintain a dam across the Little Wolf river at their present mill site, about two and a half miles above Grignon's mill. Chap. 173 How slide to be SEC. 2. The said dam may be so constructed as to give ten feet head, and the owner or owners thereof shall build and keep constructed. in good condition a sufficient slide, not less than thirty feet wide and so constructed as not to cause a fall of more than three feet to every twelve feet of surface, to admit of the passage of rafts and timber down said stream. SEC. 3. Any person or persons committing any malicious injury to said dam, shall be liable to the owner or owners there of for the amount of injury done, and all damages sustained Penalty for wilmay be collected before any court having competent jurisdic-ful infry to dam tion, and in accordance thereto, upon conviction therefor, be punished in the manner provided by law for offences of that nature. SEC. 4. This act may be altered, amended or repealed by any subsequent legislature. FREDERICK W. HORN, Speaker of the Assembly. DUNCAN C. REED, President pro tempore of the Senate. Approved, 11th, 1851. NELSON DEWEY. |