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No. 156, A.]

[Published March 27, 1901.

CHAPTER 88.

AN ACT to amend section 2 of chapter 33 of the laws of Wisconsin for the year 1893, and the several acts amendatory thereof, to create and establish a superior court in and for Douglas county, Wisconsin.

The people of the state of Wisconsin, represented in senate and assembly do enact as follows:

Jurisdiction of court; appellate jurisdiction; proceedings in equity. SECTION 1.

Section 2 of chapter 33 of the laws of 1893, as amended and re-enacted by chapter 301 of the laws of Wisconsin for the year 1893, is hereby amended by striking out the word "murder" where the same occurs in the sixth line of said section and inserting in lieu thereof the words "duelling and challenging to a duel," and by striking out the word "exclusive" where the same occurs in the eleventh line of said section and inserting in lieu thereof the word "concurrent," and by inserting after the word "jurisdiction" where the same occurs in the twelfth line thereof, the words "with the circuit court," so that said section when so amended shall read as follows: Section 2. Said superior court shall have and may exercise powers and jurisdiction concurrent and equal with the circuit court of said Douglas county, in all cases of crimes and misdemeanors arising in said county, except duelling and challenging to a duel ; and appellate jurisdiction of all crimes and misdemeanors, tried before the judge of the municipal court, or justices of the peace in said county, in the same manner as is now provided by law for appeals to the circuit court in such cases. Said superior court shall have concurrent appellate jurisdiction with the circuit court in all cases of appeal from the municipal and justices' courts in said county, in all civil actions, and in all actions commenced in said courts, where an answer shall be put in showing that the title of lands will come in question, all of which cases shall be certified and all official returns made. to said superior court in the manner prescribed by law, and said court shall have and exercise powers and jurisdiction in all civil actions and proceedings in law and equity, and in all special proceedings, except as to actions and proceedings under chapter 151, of the Wisconsin statutes of 1898, concurrent with and equal to the jurisdiction of

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the circuit court of Douglas county, when the value of the property in controversy or the amount of money claimed or sought to be recovered, after deducting all payments and set-offs, shall not exceed five million dollars, and of all actions for divorce and for affirmance or annulment of the marriage contract. The presiding judge thereof shall have and exercise the powers of a circuit judge at chambers as to all actions or proceedings in said superior court.

SECTION 2. This act shall take effect and be in force, from and after its passage and publication. Approved March 23, 1901.

No. 374, A.]

[Published March 26, 1901.

CHAPTER 89.

AN ACT to detach certain territory from the town of Richmond, Shawano county, and to create the town of Wescott.

The people of the state of Wisconsin represented in senate and assembly do enact as follows:

SECTION 1.

Town of Wescott defined. SECTION 1. All that portion of the town of Richmond, in the county of Shawano, in the state of Wisconsin, described as follows, to-wit: All of township number twenty-seven north, of range number fifteen east, located on the east side of Wolf river, except that part of sections twentyfive and thirty-six now included in the city limits of the city of Shawano and all of township number twenty-seven north, of range number sixteen east, except sections twenty-four, twentyfive, twenty-six, thirty-five and thirty-six, of said township now attached to the town of Washington, are hereby set off and detached from the said town of Richmond, and are hereby created and constituted a separate town to be known and designated as the town of Wescott in said Shawano county.

Apportionment of assets and liabilities. SECTION 2. The assets and liabilities of the said existing town of Richmond to be apportioned to the said towns of Wescott and Richmond, shall bear the same ratio to the whole of said assets and liabilities of said existing town of Richmond, as the assessed valuation for the

year A. D. 1900 of the taxable property of the above described, detached territory from the existing town of Richmond, respectively bears to that of the assessed valuation for the year A. D. 1900 of the whole of the taxable property of said existing town of Richmond, as shown by the assessment rolls for the year A. D. 1900.

First town meeting, when and where held. SECTION 3. The first town meeting of the town of Wescott shall be held at the Magee school house situated on section number thirty, in township number twenty-seven north, and of range number sixteen east, of the fourth principal meridian in the state of Wisconsin, on the first Tuesday of April, A. D. 1901.

Election officers how provided; judicial election. SECTION 4. The qualified electors of said town of Wescott, shall at such town meeting, in the manner provided by law, elect all town officers for the said town, and for the purpose of such election the qualified electors shall, between the hours of nine and eleven o'clock, in the forenoon of said day, choose three of their number to act as inspectors of the election, and such inspectors shall, before entering upon their respective duties, severally take the usual oath of office and file the same with their returns, and such inspectors shall respectively canvass and return the votes cast at such election in all respects as provided by law for inspectors at annual town meetings. And the qualified electors, so assembled at the respective places aforesaid, may vote for judicial officers to be chosen on the same day, and the votes cast for such judicial officers, whether for justice of the supreme court, judge of the circuit court or county judge, or all of them, shall be counted, canvassed and returned in the same manner and shall have the same effect as if said town were fully organized.

SECTION 5.

When town deemed organized. When such election shall have been held as herein provided, and the town officers required by law duly elected, the said town of Wescott shall be deemed, and shall be, duly organized, and shall possess all the rights, powers, privileges and liabilities of other towns in this

state.

Apportionment of indebtedness. SECTION 6. SECTION 6. On the fifteenth day of April A. D. 1901, the town boards of the towns of Wescott and Richmond shall meet together at the said Magee school house, situated on said section number thirty, in township number twenty-seven north, of range number sixteen east, of the fourth principal meridian in the state of Wisconsin, and determine what portion of the legal indebtedness of the existing town

of Richmond shall be chargeable to the town of Richmond, and what portion to the town of Wescott, and shall also determine what portion of the assets and credits of the existing town of Richmond, together with such road moneys as shall be payable to said town, shall be due to the towns of Wescott and Richmond respectively.

SECTION 7. This act shall take effect and be in force, from and after its passage and publication. Approved March 26, 1901.

No. 116, A.]

[Published March 28, 1901.

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CHAPTER 90.

AN ACT to regulate the treatment and control of dependent, neglected and delinquent children in countics having over one hundred and fifty thousand population.

The people of the state of Wisconsin represented in senate and assembly do enact as follows:

Dependent and neglected child defined. SECTION 1. The provisions of this act shall only apply to counties in this state having 495,0ver one hundred and fifty thousand population, as ascertained

by the last state or United States census. For the purposes of this act the words "dependent child," and "neglected child," shall mean any child, under the age of sixteen years, who for any reason is destitute or homeless, or abandoned, or dependent upon the public for support; or has not proper parental care or guardianship; or who habitually begs or receives alms; or who is found living in any house of ill fame, or with any vicious or disreputable person, or whose home by reason of neglect, cruelty or depravity on the part of its parents, guardian or other person in whose care it may be, is an unfit place for such a child; and any child under the age of eight years who is found peddling or selling any article, or singing or playing any musical instrument upon the street, or giving any public entertainment without a permit therefor, to be issued in his discretion by the judge of the juvenile court hereinafter provided for. The words "delinquent child," shall include any child under the

age of sixteen years, who violates any law of this state, the penalty for which is not imprisonment in the state prison, or who violates any city or village ordinance.

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Who to preside; style of court; jury, how obtained. SECTION 2.901 The judges of the several state and county courts of record, in counties where this act shall be in force, shall at such times as they shall determine, designate one or more of their number, whose duty it shall be to hear at such place and time as he may set apart for such purpose, all cases coming under this act, and in case of the absence, sickness or other disability of such judge, they shall designate some other of their number to act temporarily in his place. The finding of the court shall be entered in a book or books to be kept for that purpose and known as the "juvenile record," and the court shall be called for convenience the "juvenile court" and the clerk of the court of which such judge is a member shall be the clerk of such "juvenile court." In all trials under this act of any dependent or delinquent child, any person interested therein may demand a jury of six, or the judge of his own motion may order a jury of the same number to try the case. Such jury when demanded or ordered shall be obtained in the manner provided in chapter 194 of the Wisconsin statutes of 1898 and the provisions of sections 4750 to 4758, both inclusive, of said chapter 194, shall be applicable to all such trials.

SECTION 3. The

Court to appoint probation officer; duty of. court shall have authority to appoint or designate one or more discreet persons of good character to serve as probation officers during the pleasure of the court; said probation officers to receive no compensation from the public treasury. In case a probation officer shall be appointed by any court, it shall be the duty of the clerk of the court, if practicable, to notify said probation officer in advance when any child is to be brought before said court; it shall be the duty of said probation officer to make such investigation as may be required by the court; to be present in court in order to represent the interests of the child, when the case is heard to furnish the court such information and assistance as the judge may require, and to take such charge of any child before and after trial as may be directed by the court.

Who may bring action. SECTION 4. Any reputable person being a resident in the county, having knowledge of a child in his county who appears to be either neglected, dependent or delinquent, may file with the clerk of the court having jurisdiction in the matter, a petition in writing, setting forth the facts, veri

34-73107.

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