The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1864-06-16
Published May, Z, 1864
CHAPTER ass.


AN ACT relating to evidence in certain
cases.
The people of tie state of Wisconsin, represented in
senate and assembly, do enact as follows:
Section l. Whenever in an action now
pending or hereafter commenced, in any
court i'll this state for the recovery of the
possession of personal property, or the value
thereof, and in which action sheriff, con-
stable, coroner or other officer shall be de-
PENDANT, and it shall appear upon thc trial
Of said action, that the defendant took or
obtained possession of said PROPERTY by vir-
tue of any writ of execution or attachment
against the goods and chattles of any person
not party to said action, and from whom
the plaintiff claims to have derived his right
to the possession of said personal property
by mortgage, and that said personal proper
ty was taken by said defendant from the
possession OF the person or persons against
whose goods and chattles said writ Of exc
cution or attachment issued, or from prem
ises occupied or controlled by him, and it
shall be alleged In the answer of the defen-
dant, that the mortgage Of said personal
property by the person from whose posses
sion the same was so takan, to said plaintiff
fraudulent or without consideration, and in
tended to hinder and delay the creditor OF
creditors Of said person from whose posses
sion the same was so taken, then and i'll ev-
l. cry such case the burden of proof shall be
upon the plaintiff to show that the same was
given to secure an actual Indebtedness, and
the amount thereof, and the plaintiff shall
also be required in every case to establish
the fact that the transaction was i'll good
faith.
Sec. 2. This act shall take effect and be il
force from and after its passage and publication
ApprovedlApri 4, 1864.
Published May 7, 1864.
CHAPTER A6O,
AN ACT to amend chapter % Of the gene
raj laws of 1859, entitled IAN act relative tc
the sale of lands for unpaid taxes, and the
conveyance and redemption thereof"
The people of the state OF Wisconsin, represented
in senate and assembly, do enact as follows:
Section 1. Section 16 Of chapter % of the
general laws of 1859, is hereby amended, by
adding to said section the following words
''proUided, that before causing to be adver-
tised for redemption, such list of unredeem-
ed lands, the clerk of CHEZ board of supervi
sors shall carefully compare the county trea-
duN6Ell6ctl IlSG VI SdlSo lOI
taxes, with said treasurer's list of the same
lands in his book of sales and if upon such
examination there be found any omission or
erroneous description in said advertised list,
such parcel of land in the description Of
which the omission or error shall occur,
shall not be advel tsed for redemption, but
the said clerk Of the board of supervisors
cancel the certificate of sale of said parcel of
land, and shall return the corrected descrip-
ton of the same to the county treasurer, who
shall re-advertise and sell the same at the
next ensuing saleof lands for unpaid taxes
Sec. 2. Section % of said chapter is here
by amended, by adding at the end of said
section the follwing: ''ProUjded, that the
clerk Of the board of supervisors shall not
issue a deed of any parcel Of land until by
carefully comparing the advertised sale list
of said lands for unpaid taxes and the adver-
tised list on the same for redemption, with
the treasurer's list of said lands i'll his book
of sales, he shall find that the description
of such parcel of land, so to be conveyed
has been correctly and fully published both
in such advertised list of sales and redemp-
ton and if upon such examination, the
clerk of the board of supervisors shall find
any error or omission in any such adyertis
ed description, he shall enter opposite the
description of said land in his book of sales,
a statement of the fact of such error or omis-
sion and it is hereby made the duty of the
county board, in all such cases, to cause such
certificate of sale of land, so eroneously adj
vertised, to be cancelled, and to direct the
county treasurer to correct the description
thereof, and re-advertise and sell the same
at the next ensuing sale, according to law,
for unpaid taxes. ar -
Sec 2. This act shall take effect and be in force
from alter and its passage and publication.
Approved April 4, 1864. u-
CHAPTER 46O.
AN ACT to amend section / of chapter 81
Of the revised statutes entitled ''of the
distraining of cattle doing damage"
ate and assembly, do enact follows
Section l. Section of chapter 81 of the
revised statutes, is hereby amended, so as to
read as follows Section l. 1t shall be law
full for the owner or occupant of lands to
distrain all beasts doing damage within his
enclosure, and when any distress shall be
made of any beasts doing damage the per-
son distraining shall keep such beasts in
some secure place on his premises or in some
public pound in his town, cityor village, I'M
til his damages shall be appraised, and with
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