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No. 536, A.]

[Published March 30, 1903.

CHAPTER 41.

AN ACT to amend sub-section 67 of section 925 of the statutes of 1898, relating to the general charter law.

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

SECTION 1. Subdivision 67, of section 925, statutes of 1898, is hereby amended by inserting therein and immediately after the word "person" in the third line of said sub-section, the words "so convicted or," so that said sub-section when amended shall read as follows:

Punishment. Section 925-67. Any person who is convicted in the police court of the violation of any ordinance may be sentenced to punishment by fine or imprisonment or both, and any person so convicted or convicted therein of any misdemeanor may be sentenced to pay a fine and the costs of the prosecution or be imprisoned in the county jail or house of correction, in the alternative, and when proper facilities for that purpose shall exist in the jail or house of correction the court. may order the prisoner to be kept at hard labor during the term of his imprisonment, if he shall have the ability to labor.

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

Approved March 27, 1903.

No. 279, A.]

[Published March 30, 1903.

CHAPTER 42.

AN ACT concerning corporations heretofore organized under chapter 146 of the laws of 1872, and to cure certain omissions in the organization thereof, and adding section 1772b to the statutes of 1898.

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

Curative provisions.

SECTION 1. A new section is hereby created and added to the statutes of 1898, to be known and designated as section 1772b and which shall read as follows: "Other Curative Provisions. Section 1772b. Section 1772b. Whenever in the organization of corporations under chapter 146 of the laws of 1872, articles of association were made and adopted and signed by the persons forming such corporation, and there may have been a failure to make and record a verified copy thereof in the office of the register of deeds of the county in which such corporation is located, and such association, organization or corporation has in good faith carried on business and acted as a corporation for twenty-five years or more, such failure to make and record a verified copy of the articles of association shall not affect the validity of the corporation, but the same shall be a body corporate from and after the date of the making, adopting and signing of the articles of association, the same as though a verified copy had been duly made and recorded in the office of the register of deeds. Whenever any such corporation. shall in good faith have attempted to change its corporate name, and shall in good faith have carried on and conducted its business under such changed name for a period of twenty-five years or more, and shall record its original articles of incorporation, or the copy thereof, with the register of deeds, of the county in which such corporation has its principal office, and in case the said original articles of incorporation, or a copy thereof, cannot be obtained, a certificate from the secretary of state showing that no such articles nor copy thereof can be found in his office, its acts, doings and proceedings heretofore done or which shall hereafter be done in or under such changed name shall be as valid and binding and as good in law as though done in or under the name contained in its original articles of association,"

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

Approved March 27, 1903.

No. 122, S.]

[Published March 30, 1903.

CHAPTER 43.

AN ACT to prescribe the standard measures for the use of the Babcock test in determining the per cent. of butter fat in milk or cream; to prevent the sale of incorrectly marked implements for use in the said test; and to prescribe the penalty for false determination by said Babcock test or otherwise.

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

Standard measures adopted for Babcock test. SECTION 1. In the use of the Babcock test, the standard milk measures or pipettes shall have a capacity of 17.6 cubic centimeters, and the standard test tubes or bottles for milk shall have a capacity of 2 cubic centimeters for each '10 per cent. marked on the necks thereof; cream shall be tested by weight and the standard unit for testing shall be 18 grams, and it is hereby made a misdemeanor to use any other standards of milk or cream measure where milk or cream is purchased by or furnished to creameries or cheese factories and where the value of said milk or cream is determined by the per cent. of butter fat contained in the same, or wherever the value of milk or cream is determined by the per cent. of butter fat contained in the same by the Babcock test.

Sale of false measure a misdemeanor. SECTION 2. Any manufacturer, merchant, dealer or agent in this state who shall offer for sale or sell a milk pipette or measure, test tube or bottle which is not correctly marked or graduated as herein provided shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in section 4 of this act.

To under-read or over-read unlawful. SECTION 3. It shall be unlawful for the owner, manager, agent or any employee of a cheese factory, creamery, or condensed milk factory to manip ulate or under-read or over-read the Babcock test or any other

contrivance used for determining the quality or value of milk or cream or to make any false determination by said Babcock test or otherwise.

Penalty prescribed. SECTION 4. Whoever shall violate any of the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by fine of not less than twenty-five dollars nor more than one hundred dollars for each and every offense, and in default of payment thereof shall be imprisoned in the county jail not less than thirty days nor more than sixty days.

SECTION 5. This act shall take effect and be in force from and after its passage and publication. Approved March 27, 1903.

No. 331, S.]

[Published March 31, 1903.

CHAPTER 44.

AN ACT for a tax on gifts, inheritances, bequests, legacies, devises and successions in certain cases.

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

Tax imposed on property of any kind transferred. SECTION 1. A tax shall be and is hereby imposed upon any transfer of any property, real, personal or mixed, or any interest therein, or income therefrom in trust or otherwise, to any person, association, or corporation, except corporations of this state organized under its laws solely for religious, charitable or educational purposes, which shall use the property so transferred exclusively for the purposes of their organization within the state in the following cases:

While a resident of state. (1.) When the transfer is by will or by the intestate laws of this state from any person dying possessed of the property while a resident of the state.

Property within state. (2.) When a transfer is by will or intestate law, of property within the state or within its jur

isdiction and the decedent was a non-resident of the state at the time of his death.

Non-residents' property within state. (3.) When the transfer is of property made by a resident or by a non-resident when such non-resident's property is within this state, or within its jurisdiction, by deed, grant, bargain, sale or gift, made in contemplation of the death of the grantor, vendor or donor, or intended to take effect in possession or enjoyment at or after such death.

Transfer before or after passage of act. (4.) Such tax shall be imposed when any such person or corporation becomes beneficially entitled, in possession or expectancy to any property or the income thereof, by any such transfer whether made before or after the passage of this act, provided that property or estates which have vested in such persons or corporations before this act takes effect shall not be subject to the tax.

Transfer under power of appointment. (5.) Whenever any person or corporation shall exercise a power of appointment derived from any disposition of property made either before or after the passage of this act, such appointment when made shall be deemed a transfer taxable under the provisions of this act in the same manner as though the property to which such appointment relates belonged absolutely to the donee of such power and had been bequeathed or devised by such donee by will; and whenever any person or corporation possessing such a power of appointment so derived shall omit or fail to exercise the same within the time provided therefor, in whole or in part a transfer taxable under the provisions of this act shall be deemed to take place to the extent of such omission or failure, in the same manner as though the persons or corporations thereby becoming entitled to the possession or enjoyment of the property to which such power related had succeeded thereto by a will of the donee of the power failing to exercise such power, taking effect at the time of such omission or failure.

Basis of tax. (6.) The tax so imposed shall be upon the clear market value of such property at the rates hereinafter prescribed and only upon the excess of the exemptions hereinafter granted.

Primary rates, where not in excess of $25,000. SECTION 2. When the property or any beneficial interest therein passes by any such transfer where the amount of the property shall exceed in value the exemption hereinafter specified, and shall not

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