The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1864-06-02
Published April 10, 1864. |
CHAPTER 2G1.


AN ACT 10 provide for realizing the amo UNITS
of unpaid mortgages due to the state.
The people of the state of Wisconsin represent
ed in senate and assembly, do enact as fol-
lows
Sec l. The commissioners OF school and uni~
yersity lands may in their discretion, cause to
be appraised any lands which shall have been
bid iii for the state, upon sale made on account
of non payment of mortgage thereon, and shall
have remained unsold by the state three months
after such sale, whether such sale shall have
been made by the commissioners or by any other
person. npon foreclosure of such mortgage.
Sec. Such appraisal shall be made by at least
two persons selected by the commissioners, resi-
dents in the county where the lands lie; and
shall be made 10 such form and manner and up
on such conditions as the said commissioners
shall direct. Before making such appraisal, the
persons selected for that purpose shall take and
subscribe an oath to apprase, estimate and re-
turn to the commissioners the true CASH value.
according TO their best information and judg>
1nent' of the lands described in the list furnish
ed to them by the commissioners.
Sec. g. The expenses of such appraisal shall
not exceed S. for each tract of land and shall
be paid upon the order of the said commits
sioners out Of the income of the appropriate
fund.
Sec Upon receiving the returns of such ap>
praisers, the said commissioner may proceed to
sell the same at pubic auction fret publishing
flying the lands to be sold, and the appraised
value of each tract, in the state paper at Madi-
son, and in a newspaper published in the coun,
ty where the land is situated or ii no newspaper
is published in such county, then ia pub
llshed near such county Such notice Shall be
first published at least six weeks before such sale
aud the publication shall continue for fonr
weeks, once in each week, and the expenses
thereof shall be paid out of the income of the
appropriate fund, upon the order OF the commits.
uio 10 hall hp l,,, fI,a
visions of sections q % % y % and 80 of chap
ter % of the revived statutes as heretofore amenN
ded except that the minimum price of suchand
shall be the apprised value es aforesaid and
duplicate certificates of sale shall be issued FOL
such lands, as in the case of school lands.
Sec 5. All ouch lands that shall remain unsold
after being SO offered at public sale shall be sub
ject to private sale, at the apprised value, upon
the terms and in the manner prescribed by law
for school lands subject to private sale
Sec. After such lands shall have remained
one year subject to private sale. as aforesaid the
price OF any of them may by order of the cons
missloners be reduced to ninety per centum OF
the said appraised value
Sec. Before making any such reduction the
commissioners may, i'll their discretion. publish
in the ate paper, once week for four weeks,
list of the lands with the prices thereof US
they will be when reduced, and the date when
such reduction will be made. 81
Sec. Section los Of chapter % OF The revised
statutes, as amended by section of chapter $50
of the generallaws OF 1858, is hereby amended
so as to read as follows; The commissioners may
Did IN and purchase said land for such price as
they shall deem cafe for the state. but no other
bid than theirs shall be received for less
amount than the whole sum cbargeabIe ON said
land. The land 80 bid in by the commissioners
and all other lands bid in for the state on fore
closure OF mortgages, shall be subject to private
sale IN the same manner and on the same terms
as school Lands subject to private sale, and du-
plicate certificates may be given upon such sale
as on similar sales Of school lands Tho MIMI
mum price OF such mortgaged lands shall be the
whole amount of the mortgage debt. interest.
costs and charges, until se2h price shall be Te>
duced pursuant to law"
ceS. 9. Section 1 Of chapter 100 of the pes,afai
laws of 1858, is hereby amended so as 10 read AS
follows When any land or other property
mortgaged to the state, shall have been sold
upon foreclosure OF such mortgage. or shall
have been bid In Tor the state at a sale made nv
the COMM ssioneTs, for a sum insufficient tn nav
tho principal and interest so secured With the
proper costs and disbursements, the commissions
ers are hereby required to take proper steps to
collect the remainder due from IL person who
may be personally responsible for The payment
oil the samej and Tor that pUFpose to cause an ac~
ton to be instituted. when there appears proba-
Die ground tor surprising that Judgment may be
recovered snd collected for sucE deficiency
Such actions may be brought by any person en-
ployea for that purpose in the counties of either
OF trial shall be allowed on the ground that the
defendant resides in another county The com
missioners may order the expenses of such ac>
tons to be paid. ous OF the income of the appro>
pirate funds provided, that such expenses shall
no case exceed the costs taxed or taxable there
in; and provided, further, that the commission
ors may, in their discretion. at an time receive
in full settlement the principal aRd interest ow-
ing TO the state, and ali costs and disburse-
ments, deducting therefron the net amount for
which the commissioners may have sold the
mOrtgaged land 4"
See. 10 All laws for the protection of school
lands or other lands belonging to the state, or
Furnishing, trespassing or waste thereon or
laws euthorlzig The commissioners TO lease the
to prevent injury thereto shall apply to the lands
mentioned this act.
Sec. IL This act shall take effect and he in
force from and after It's passage and publica>
ton.
Approved March 81 1864.
Tpublicba3 Anil 90 1opA7