alties imposed by the provisions of this act, for the vi- Penalty. recordable. SECTION 5. All penalties imposed by the provis- Penalties, how ions of this act may be recovered with costs of action by any person or persons (except the penalties named in section four thereof for the entering upon the lands or premises of another), in his or their own names, before any justice of the peace in any town, or police justice in any city in the county where the offense was committed, or where the defendants may reside or be found, and any such justice of the peace or police justice is authorized, upon receiving sufficient security for costs on the part of the complainant, and satisfactory proof, by affidavit, of the violation of the provisions of this act, by any person being temporarily within his jurisdiction, but not residing therein, or by any person whose name and residence are unknown, to issue his warrant and have such offender committed or held to bail to answer the charge against him. And any justice of the peace in any town, or police justice of any city within any county of this state, may upon proof of probable cause to believe in the concealment by any person within this state of any game bird or wild fowl mentioned in this act, during any of the prohi bited periods, or of any such game bird or wild fowl tak en, caught, killed or otherwise destroyed, held or possessed in violation of any of the provisions of this act, issue his search warrant and cause search to be made in any house, market, boat, car or other building, and for that purpose may cause any apartment, chest, box, crate or locker to be broken open and contents examined. Any penalties when collected, except such as Penalties, how are by the provisions of this act otherwise specially disposed of. disposed of, shall thereupon be paid by the court before which conviction shall be had, one-half to the County treasurer of the county in which conviction is had, to the credit of the school fund of such county, and the remainder to the complainant prosecutor; or [on] the nonpayment of the penalty and costs of the prosecution, the defendant shall be committed to the common jail of the county for the period of not less ten days when the judgment therefor, aside from the costs, exceeds not the sum of ten dollars, and at the Indians exempt How applicable to Brown coun ty. Acts repealed. rate of one day for each dollar in which such judgment aside from costs exceeds in amount the sum of ten dol lars. SECTION 6. All Indians on their reservations in this state are exempt from the operations of this act SECTION 7. It shall not be lawful for any person to catch kill or otherwise destroy or pursue with the intent to catch, kill or destroy any prairie hen or chicken or chicken or quail within the limits of the county of Brown, for the time of three years from and after the passage of this act, under a penalty of ten dollars and cost of suit, for each and every prairie hen or chicken or quail so caught or killed, or any attempt to caten or kill such birds. SECTION 8. Chapter one hundred and five of the general laws of the state of Wisconsin for the year A. D. 1870, entitled "an act for the preservation of game in the counties of Milwaukee, Racine, Kenosha, Wankesha, Walworth, Jefferson, Rock, Green, Dane, La Fayette and Grant," and all acts amendatory thereof are hereby repealed. SECTION 9. This act shall take effect and be in force from and after its passage and publication. Approved March 12, 1874. Sec. 6 of chap. 285, general laws of 1873 amended. Proviso. CHAPTER 330. [Published March 26, 1874] AN ACT to amend section six of chapter two hundred and eighty-five, general laws of 1873, entitled "an act to regulate the sale of mineral oils and other substances for illuminating purposes." The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. Section six of chapter two hundred and eighty-five, general laws of 1873, is hereby amended by adding to the end of said section the following, towit provided, that this act shall not apply to Rock county, so as to prohibit the sale of petroleum fluid, nor to exclude the sale of gasoline to be used exclus ively for the manufacturing of gas in any county in this state. SECTION 2. This act shall take effect and be in force from after its passage and publication. Approved March 12, 1874. CHAPTER 331. [Published March 24, 1874.] AN ACT to authorize the judge of the eighth judicial circuit to employ a short hand reporter. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows : SECTION 1. It shall be lawful for the judge of the circuit judge circuit court for the eighth judicial circuit of this state authorized to to appoint one or more phonographic reporters for the graphic reporcircuit court in and for the counties of said district. appoint phono ters. officers of the SECTION 2. Said reporters shall be sworn officers of To be sworn said court, and skilled in the art of short-hand report- court. ing, one of whom shall attend upon term of said court when requested by the judge thereof so to do, and shall discharge such duties as the court thereof shall require. SECTION 3. The said reporters shall be allowed Compensation. such daily compensation as shall be fixed by the court, not exceeding seven dollars per day for each day's actual attendance upon said court when required by the judge thereof to attend, which shall be certified, audited and paid in like manuer as is provided by law How paid. for the payment of the sheriff for attending upon the court: provided, but one such reporter shall be employed at the same time. SECTION 4. It shall be the duty of said reporter upon Duties of repor the request of a party to any suit or the attorney or at- tors. torneys of such party, the evidence on the trial of which shall have been taken by them, to make and furnish transcripts of such evidence so taken by them, or any other proceedings had in such trial, to such party or his attorney, for which transcripts so furnished. said reporter shall be entitled to charge and receive from the party requiring such transcript to be made, ten cents for each folio of one hundred words. In the trial of criminal cases the court may in its discretion court may order a transcript of the evidence and proceedings to of evidence. be made, certified and audited and paid for in the same manner as the per diem compensation of such reporter, and in such case the reporter's notes shall be written out in full and filed with the clerk of the court. order transcript SECTION 5. The judge of said court may in his dis- court may recretion remove such reporter or any one of them, and move reporters. may fill any vacancy caused by such removal or from any other cause. SECTION 6. This act shall take effect from and after its passage. Approved March 12, 1874. Alderman may maintain reser plying water to CHAPTER 332. [Published March 24, 1874.] AN ACT to make certain improvements in the first ward of the city of Oshkosh. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. The aldermen of the first ward of the construct and city of Oshkosh, out of its ward fund, may, by contract voirs for sup- or otherwise, construct and maintain, in said ward, resfre department. ervoirs to supply with water the city fire department and for ward purposes, by sinking artesian wells and fountains, and may purchase land upon which to build such fountains, wells and reservoirs, deeds to be given to the city of Oshkosh, in trust for such ward, and the same shall be the property of such ward. When a majority of the aldermen of such ward shall certify that it is advisable to sell any such property, and the common council shall so determine, it shall dispose of the same by deed or deeds, and no sale shall be made except upon notice for three weeks published in the official city paper, and at public auction, with the right to reject any and all bids, deeds to be executed the same as now provided by the city charter for executing deeds. Aldermen may and hydrants. pipe. SECTION 2. A majority of the aldermen of such construct jets ward may construct jets and fire hydrants, and also hydrants for public and private use, and fountains in such places in such ward as a majority thereof may deMay lay water termine, and may lay water pipes in and through all the alleys, streets and public grounds in the said ward, and generally do all such things and work as may be found necessary or convenient, from time to time, for the purposes of this act, and for that purpose may enter upon any lands or water in the city, for the purpose of making examination or survey. Common council, its duties and powers. SECTION 3. The common council of the city, upon the recommendation of the majority of the aldermen of such ward, shall have power, from time to time, upon the recommendation of a majority of the aldermen of such ward, to make by laws, rules and regulations, by ordinances, in relation to such water works, for the preservation and protection thereof, fixing uniform. water rates to be paid for the use of water furnished by the ward, the same to be enforced and collected, in the name of the city of Oshkosh, of parties using said water, and fixing the manner of distributing and supplying water for use and consumption, and for withholding or shutting off the same for cause, and impose proper fines and penalties for violation of such ordinance. All penalties and fines shall be collected in the same manner as penalties for the violation of the city ordinances, and shall be paid to the treasurer of the city, and credited to the ward fund of such ward for the benefit of said ward. All expenses incurred in Expenses paid and about such ward water works, wells and reservoirs shall be paid for out of the ward fund, and all income therefrom shall be paid into the fund of such ward. from ward fund. When action of approved by SECTION 4. Whenever any of the improvements herein authorized, the cost of which shall exceed two aldermen to be thousand dollars in any one year, the aldermen of such the common ward are required to have their action approved by the council. common council before the ward can be made liable to payment therefor, under no circumstances shall be liable for any of the costs or expenses thereof, and all costs, cbarges and expenses accruing or arising in any suits or litigation arising or growing out of the same or otherwise, the same shall be chargeable and paid out of the fund of said first ward. SECTION 5. This act shall take effect and be in force from and after its passage and publication. Approved March 12, 1874. CHAPTER 333. [Published March 27, 1874.]]] AN ACT to amend chapter 285, general laws of 1873, being an act entitle "an act to regulate the sale of mineral oils and other substances for illuminating purposes," approved March 17. 1873. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. Section one of chapter 285, general laws of 1873, is hereby amended to read as follows: Section |