CHAPTER 131. [Published April 5, 1872.] AN ACT to authorize the city of Madison to settle and audit unpaid claims for bounties. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: paid claims. SECTION 1. The city of Madison is hereby author- May settle unized to settle and pay all claims for money due for the credit of volunteers to said city, although the amount may exceed the sum of two hundred dollars for each of said credits; and no statute of limitations shall be in force as a bar to the collection of said indebtedness. SECTION 2. This act shall take effect and be in force from and after its passage. Approved March 25, 1872. CHAPTER 132. AN ACT authorizing John Linder to build and maintain a dam across Big Rib river. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: dam. SECTION 1. John Linder, his heirs and assigns, are May construct hereby authorized to construct and maintain a dam across the Big Rib river, on the east half of the southwest quarter of section five, in township twenty-eight north, of range six east, in Marathon county, of the fourth principal meridian; said dam to be constructed for hydraulic and manufacturing purposes, not exceeding eight feet in height above low water mark: provided, that said John Linder shall cause a slide to be put shall put in into said dam, so as not to obstruct the driving of logs and lumber through the same, at any stage of water on which logs and lumber could be run to the mouth of the river below said dam; and provided, that if the said Shall pay damdam shall cause the aforesaid river to overflow the land now. slide. ages for over of any person or persons, except the proprietors of said dam, to the injury of the owner or owners thereof, the said John Linder, his heirs and assigns shall pay in full all damages accruing at any time in such manner, when such damages shall be determined by due process of law. SECTION 2. This act shall take effect and be in force from and after its passage. Approved March 25, 1872. Repealed. Prohibited from CHAPTER 133. [Published April 5, 1872.] AN ACT to repeal chapter 389 of the private and local laws of 1871, entitled" an act to amend section 2 of the general laws of 1865, entitled an act to legalize the proceedings of certain town meetings in the several towns of St. Croix county, and to require the West Wisconsin Railway Company to complete its road to lake St. Croix, by a certain time, and to prohibit the issuing of certain bonds." The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. Chapter 389 of the private and local laws of 1871, entitled "an act to amend section 2 of the general laws of 1865, entitled an act to legalize the proceedings of certain town meetings in the several towns of St. Croix county, and to require the West Wisconsin Railway Company to complete its road to lake St. Croix by a certain time," is hereby repealed. SECTION 2. The county board of supervisors of St. Issuing bonds. Croix county is hereby forever prohibited from issuing the bonds of said county, or any of them, voted under the provisions of chapters 307 and 401 of the general laws of 1864, and the acts amendatory thereof, to any of the companies named in said chapters, or to any of the companies named in said chapter 389 of the private and local laws of 1871. Penalty for issuing bonds. SECTION 3. If any chairman of the board of supervisors of said county, and any county clerk of said county or either of them, shall sign, countersign, or issue or deliver said bonds or any of them to the said companies or either of them, the said chairman and the said clerk or either of them so signing, countersigning, issuing or delivering any of said bonds shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not less than two hundred dollars nor more than five hundred, or by imprisonment in the county jail of said county, not less than two months nor more than six months, or by both fine and imprisonment. SECTION 4. All acts or parts of acts conflicting with or in any manner contravening the provisions of this act are hereby repealed. SECTION 5. This act shall take effect and be in force from and after its passage. Approved March 25, 1872. CHAPTER 134. [Published March 30, 1872.] AN ACT to revise, consolidate and amend the charter of the city of Oshkosh, the acts incorporating the city and the several acts amendatory thereof. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: May regulate and license sale goods at auction. SECTION 1. The common council of the city of Oshkosh are hereby authorized and empowered by ordin- of ance to regulate the sale of any goods, wares, merchandise or other property, at auction in said city of Oshkosh, and may prohibit the sale thereof at auction within the limits of said city by any person, without having obtained a license therefor; and may also re-. quire any auctioneer so licensed to sell, to make reports, verified by him, in manner and form, and at such time or times, or upon the demand of any officer or employe of said city, as shall be designated and provided by any ordinance of said city, and may require such auctioneer so licensed to pay for such license the fee hereinafter prescribed, and also the per centum upon all gross sales by him made as hereinafter prescribed, viz: for each license to any inhabitant Prices of license. cent and resident of said city, a fee not to exceed one hundred dollars for one year; for a license to any non-resident of said city, a fee not to exceed one hund red and fifty dollars per year, and may exact and re quire such auctioneer to pay on the gross amount of all sales by him made a sum not exceeding two per um, except as hereinafter otherwise provided, upon all sales made by non-resident auctioneers of the follow ing class or described articles, goods, wares, merchandise and property, viz: clothing, wearing apparel, hats, caps, mittens, gloves, cloths, groceries, dry goods, mil linery goods, boots, shoes, drugs, medicines, paints, oils, iron, tin, steel, sheet iron, stoves, hardware of every kind, and including all goods, wares, merchandise and other property usually sold or kept for sale in clothing stores, hat and cap and fur stores, drug stores, paint and oil stores, grocery stores, dry goods stores, millinery stores or shops, boot and shoe stores, iron, tin or hardware stores or shops, may exact and charge upon the gross sales a sum not exceeding ten per cent. on a dollar; upon the gross sales and upon the same articles, goods, wares and merchandise, sold by a licensed resi dent auctioneer, and which is not the bona fide property of such licensed resident auctioneer, or of a bona fide inhabitant and resident of said city, may be exacted and charged a sum not exceeding ten per centum upon the gross amount of sales; and that any property be longing to a non-resident, which may be sold or transferred to any resident auctioneer, or to any inhabitant and resident of said city, for the purpose of in any wise avoiding or evading the provisions of any such ordin ance, or in which any such non-resident shall retain any interest, shall be liable to pay such ten per centum on a dollar on all gross sales, and may require such li censed auctioneer to give a bond to said city in such penal sum, with a surety or sureties, prescribing the qualifications thereof, and requiring the same to justify, and conditioned for the faithful compliance with the provisions of such ordinance, with such other conditions as may be deemed necessary for the faithful enLimit of time. forcement of such ordinance. No license shall be is sued for a longer time than one year, and may provide that no license shall be issued for less than one year. When the term resident, or the term inhabitant resi dent is used herein, it shall be and mean and include Definition of terms. any person who is and has been for three months immediately preceding, an actual bona fide inhabitant and resident of said city; the term non-resident shall mean and include any person who has not been an actual, bona fide inhabitant or resident of said city for three months immediately preceding the issuing of any such license or the sale of any goods, wares or merchandise, or property at auction. The term licensed resident auctioneer, or resident auctioneer, shall mean and include any person licensed who has been an actual bona fide inhabitant and resident of said city for three months immediately preceding the granting of his license. The term non-resident auctioneer shall mean and include any person to whom a license is granted who has not been an actual, bona fide inhabitant and resident of said city for three months immediately preceding the issuing or granting to him of a license; and may provide that in any license issued, that it may be designated whether the person is a resident or non-resident auctioneer, and that the person accepting the same shall be bound and estopped by such license, and shall have only the rights and privileges of the class of auctioneers herein named or designated: provided, however, that nothing in this act shall prohibit or affect in any manner sales at auction in the cases specified by section one of chapter fifty-four (54) of the revised statutes, entitled "of auctions and auctioneers," all license fees, per centum on sales, to be paid to city treasurer for the benefit of the city. SECTION 2. All acts or parts of acts conflicting or interfering with any of the provisions of this act are hereby repealed so far as they affect the city of Oshkosh, and no further; and shall in all other respects, and as to all localities outside the city limits of the city of Oshkosh, remain in full force and effect. SECTION 3. This act shall be in full force and take effect from and after its passage and publication. Approved March 25, 1872. |