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and return, or abstracts therefrom, certified by the county treasurer under his seal of office, shall be prima facie evidence of such tax, of its being unpaid, and the amount which should be recovered in such action." Also, add Levy and sale on to the end of said section the following: "or to a levy and sale upon execution for any judgment obtained by proceedings under this section.'

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SECTION 2. This act shall take effect and be in force from and after its passage.

Approved February 19, 1861.

execution.

CHAPTER 39.

[Published February 20, 1861.]

AN ACT to amend Chapter 137 of the Revised Statutes, entitled "Of Evidence."

The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows :

SECTION 1. Section nine of chapter one hundred and thirty-seven of the revised statutes, is hereby amended so as to read as follows: "At any time after the cause is commenced by the service of process, or otherwise, or after it is submitted to arbitrators or referees, either party may give written notice to the adverse party to appear before any justice of the peace or other person authorized by law to take depositions, at the time and place appointed for taking the deposition, and to put such interrogatories as he may think fit."

Approved February 19, 1861.

Either party may tice and take

give written no

depositions.

Jointe, &c., to be bozed.

No legal liability to exist when 1st section not complied with.

CHAPTER 40.

[Published February 27, 1861.]

AN ACT requiring owners of certain machines to guard against accidents.

The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows :

SECTION 1. The joints or knuckles and jack of the tumbling rods of all threshing machines hereafter used in this state, shall be securely enclosed in a box.

SECTION 2. No action shall be maintained, nor shall any legal liability exist, for services rendered by or with any threshing machine where it shall be made to appear that the first section of this act has not been complied with.

SECTION 3. This act shall take effect and be in force from and after its passage and publication. Approved February 27, 1861.

CHAPTER 41.

[Published February 28, 1861.]

State superintondent to purchase.

Price.

How to be distributed.

AN ACT to provide for the purchase of certain copies of Webster's
Dictionary, for the supply of deficient School Districts of the
State.

The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows :

SECTION 1. The state superintendent of public instruction, with the consent and approval of the governor, is hereby authorized to purchase on behalf of the state three hundred copies of Webster's unabridged dictionary of the English language, (provided that the price shall not exceed four dollars for each copy,) to supply the deficient school districts of the State.

SECTION 2. Such dictionaries when purchased shall be distributed in the manner provided in chapter twenty-second of the general laws of eighteen hundred and fifty-eight, and in section second of chapter one hundred and thirty-eight of the general laws of eighteen

hundred and fifty-nine, and shall be held and used by Held and used. the several districts receiving the same as provided in section third [three] of said chapter one hundred and thirty-eight aforesaid.

SECTION 3. There is hereby appropriated out of the Appropriation. income of the school fund a sum of money sufficient to pay for the dictionaries provided for in this act, and the state superintendent of public instruction shall certify to the state treasurer the amount of such expendi

ture.

plied.

SECTION 4. The state superintendent of public in- Loss to be supstruction is hereby authorized to furnish any school district heretofore supplied, but now destitute through loss by fire or theft, with a copy of Webster's unabridged dictionary upon a receipt from the state treasurer, showing that the cost of such dictionary to the state has been paid into the state treasury: provided, that Proviso. the affidavit of the town superintendent of such loss, shall first be filed with the superintendent of public instruction.

SECTION 5. This act shall take effect and be in force from and after its passage and publication. Approved February 27, 1861.

CHAPTER 42.

[Published February 28, 1861.]

AN ACT to extend the time for the collection of taxes in the town of Shullsburg, in the County of La Fayette.

The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

SECTION 1. The time for the collection of taxes in Time extended. the town of Shullsburg, in the county of La Fayette, in this state, is hereby extended to the first day of June, A. D. 1861 provided, that nothing in this act shall be so construed as to prevent the town treasurer of said town from collecting and paying over to the county treasurer of said county, the state tax assessed in said state tax. town; and provided, that the time for the payment of state tax is not extended or in any way affected by this

act.

Authority of town treasurer.

SECTION 2. The town treasurer of said town shall have the same power and authority to proceed in the collection of the taxes mentioned in the assessment roll and warrant in said town, after as before such extension of the time for the collection thereof; and said town treasurer may make his return to the county treasurer of said county at any time before the said first day of June, A. D. 1861, anything in such warrant to the contrary notwithstanding.

SECTION 3. This act shall take effect and be in force from and after its passage and publication. Approved February 27, 1861.

Time extended.

Authority of town treasurer.

May make return

CHAPTER 43.

[Published February 28, 1861.]

AN ACT to extend the time for [the] collection of taxes in the town of Pulaski, in Iowa County.

The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

SECTION 1. The time for collecting of taxes (except state taxes) in the town of Pulaski, in Iowa county, in this state, is hereby extended to the first day of June, A. D. 1861.

SECTION 2. The town treasurer of said town shall have the same power and authority to proceed in the collection of the taxes in said town after as before such extension.

SECTION 3. The said town treasurer may make his return to the county treasurer of said county at any time before the first day of June, A. D. 1861, anything in such warrant to the contrary notwithstanding.

SECTION 4. This act shall take effect and be in force from and after its passage and publication. Approved February 27, 1861.

CHAPTER 44.

[Published February 28, 1861.]

AN ACT to extend the time for the collection of taxes in the city of Janesville.

The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows :

SECTION 1. The time for the collection and return Time extended. of the state and county taxes in the city of Janesville, Rock county, is hereby extended until the twentyeighth day of March, A. D. 1861, and the tax warrant now in the hands of the city treasurer, shall be in full force until the said twenty-eighth day of March, A. D. 1861, for all the purposes of collecting, levying distress and sale, and returning said taxes.

SECTION 2. This act shall take effect and be in force from and after its passage. Approved February 27, 1861.

CHAPTER 45.

[Published February 28, 1861.]

AN ACT for the relief of the town of Eldorado, in the county of
Fond du Lac.

Whereas, The books, papers and records of the town Preamble.
of Eldorado have been destroyed by the burning of the
office of the town clerk of said town, and the people
thereof have been thus left destitute of any proper
evidence of the existence of public highways, or the
boundaries of school districts therein: therefore,

The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

SECTION 1. All roads heretofore surveyed and used of roads. as public highways in said town of Eldorado (excepting such as may have been discontinued by the proper authorities) are hereby declared to be public highways. SECTION 2. It shall be the duty of the supervisors of the re-surve of said town, and they are hereby required, as soon as

of roads.

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