Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1864-04-30

nor re connty iail for not less than month
nor more than six months, at the discretion OF the
0oa q Any tax certificate tax deed issued in
violation of the provisions Of this act is hereby
declared null and void ana no money ,.so
4 the comfy treasury for any such tax certincate,
shall be refunded to the purchaser, or 20 any per-
| son @ his behalf a. 80.
from and after its passage and publication;
Approved March 81, 1904. 10 Oofi'
Published April 16, 1S64.l
CHAPTER 26l.
An ACT to prsyiie for seazing the amounts Of
unpaid mortgages due to toe state.
The people Of ihe s,atr OF Wisconsin, repres ented
| In senate ANA assembly, 10 enact as follows:
sec /. The comnis s,oners OF school and univer-
sits lands may, their '-r ton, GAUGE 20 be APP
praised any lands which sbsi have been old 10 ior
tne state upon sale made 0u account OF non pay
| meut of a mortgage thereon, and shall have re-
| NAMED unsold by the state three months after
such ,ae, whether srch sale shall have been made
by tue commissioners or Ds any o'her person. upon
| foreclosure of such mortgage.
Sec 2 Such appraisal shall be made by at least
| two persons selected by the commissioners,
| r.s.dents a the county where the lands lie ana
/ shall be made in such form and manner ana upon
direct BefOre skiug such APPRAISAL, the persons
selected TOR that purpose shall take and subserI6e
| an oath to aplra Sc, estimate and return TO the
/ commissioners the true cash value, according TO
their best in rmation and judgment, of the lands
ldes.4b ia the list furnished to them BY the com
! misslOners.
C. ..
exceed dollars for each tract of land, aud shall
be paid upon the order of the said commissioners
| out of the income of the appropriate fund.
| sec L. Upon receiving the returns of such ap-
| praisers, the said commissioners may proceed TO
/ sell the same a. public auction, first publishing
notice of the time and place OF such sale, specify
ing the lands to be sold, and the appraised value
each tract, in the state paper at Madson an IN
newspaper published in the county where the lana
| is situated, il no newspaper is published in such
/ county, then in one published near such county.
| Suehnotce snail be first published at least
| six weeks before such sale, and the pub
| lieation shall continue for four 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
| siohers Such sale shall be governed by the pro-
visions OF sections twenty-five, twenty three TWEEN
ty-six, twenty seven, twenty nine and thirty, of
| chapter twenty-eight OF the revised statutes,
| heretofore amended, except that the minimum
price of such lands shall be the appraised value
aforesaid and duplicate certificates of sale shall
be issued for such lands, as in the case of school
/ lands.
after being SO offered at public SALE shall be SUBJ
ject to private sale, at the appraised value, upon
the terms and in the manner now prescribed by law
| for school lands subject to private sale.
| Sec g.. After such lands shall have remain ed one
year subject private sale, aforesaid, the price
| of any of them may, by order OF the commission
| ers be reduced to ninety per centum of the said
| appraised value. One year or more after such
duction, the commits sioners may again reduce the
price of such unsold lands to eighty per centum of
| the SAID appraised value and tAey mas subse-
duently, at intervals Of not less than one year.
reduce the said price by amount equal to ten
per centum OF the said appraised value, until the
price thereof shall be reduced to fifty per centum
| of such value.
sec T. Before making any such reduction, the
commissioners may, in their discretion, publish IN
the state paper, week for four weeks, list
of the lands, with the prices thereof as they will
be when reduced, and the date when such reduc-
| sec S. section one hundred AID eight of chap
ter twenty-eighs of the revised statutes, amend
| ed by section seven Of chapter one hundred and
thirty of the general laws OF 1885, is hereby amend
ed, so as to read follows: The commissioners
may bid in and purchase said iadd Tor such price
as they shall safe for the state, but other
bid than theirs shall be received for less amount
/ than the whole sum chargeable on said land. The
lands SO bid in by the commissioner and all other
lands bid in for the state foreclosure OF mortga-
ges, shall be subject to private sale in the same
| manner and on the same terms as school lands sub
ject private sale, aud duplicate certificates may
| be given upon such sale as on similar sales OF
| schoo lands. The minimum price OF such mortgag-
| ed lands shall be the whole amount OF the mort
gage debt, interest, costs and charges, until such
| price shall be reduced pursuant to law /"
Sec. Q Section four Of chapter one hundred and
thirty of the general laws Of 1885, is hereby amend
| ed, so to read as follows: g 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 for the state. at sale made
by the commissioners, for sum insufficient to pay
| the principal and iBterest so secured, with the
| proper costs and disbursements, he commissioners
are hereby requiI take proper steps to collect
| the remainder due from the person who may be
| same; and for that purpose, to eanse action
| to be instituted, when there appears probable
ground for supposng that Judgment may be
| recovered and collected for such deficiency. Such
| actions may be brought by any person employ
1 ed for that purpose in the counties of either
Dane or Milwaukee,, and no change OF the place
of trial shall be allowed on the ground that
the defendant resides in another county. The
commissioners may order the expenses of such ac-
items be paid ut Of the income of the appropri
4 ate fund: provided that such expenses shall in
case exceed the costs taxed taxable therein;
and provided, further, that the commissioners may
in their discretion, at any time receive in full set
lement the principal and interest owing to the
state, and all costs and disbursements, dedueting
therefrom the net amount for which the commits
sioners may have sold the mortgaged lands"
see. 10. All laws for the protection OF school
lands other lands belonging to the state, or
furnishing trespassing or waste thereon. or laws
authorizing the commissioners to lease the same,
to take recover possession thereof, and to pre-
vent injury thereto shall apply to the lands men
toned in this act.
Sec H. This act shall be in force as soon as pub
Approved March 81, 1864. ca COPY.
Published April 16, 1894
CHAPTER 262.
Az ACT to amend section 217 of chapter 100 of the
revived statutes, entitled 's of courts held by JUS
tices of the peace"
Tue people of the state of Wisconsin, represented
in senate and assembly, do enact as follows:
Seetion1. Section two hundred and seventeen
of chapter one hundred aud twenty of the revised
tutes is hereby nded, so as to read as fol-
lows: .section 217, The appeal shall be heard on
II the original papers, ana 81 tue Justice
coz aiming ali the material evidence and his rui-
ngs in the action, in case where the Judgment, ex
elusive Of costs, does not exceed fifteen dollars;
but where the judgment shall exceed that sum,
| 1.-THE costs excluded,) and also where judgment is
against the plaintiff or in his favor, for rum not
exceeding fifteen dollars, exclusive OF costs, IL he
shall lake cath at the time OF appealing, that he
has aid claim against the defendant set forth
in his complaint, exceeding the sum of fifteen dol
lars, he verify believes, the action shall be
. | tried in the appellate court as cases originally
brought there; and in case the judgment 10 render
ed in favor of the plaintiff for sum not exceeding
fifteen doltsrs, exclusive cf costs, and the defend
ant shall have appealed, If the plaintiff shall make
| an affidavit that he has valid claim against the
Il, defendant exceeding the sum OF fifteen dollars,
set forth in his complaint, and shall hle the same
| with the clerk of the court in which such appeal
may be pending, and serve q copy thereof on the
defendant his attorney eight days prior to the
term at which the appeal may be tried, the action
shall be tried in the appellate court as asses origin
ally brought there but the parties may, by consent
in writing signed by the parties or their attorneys
| appearing the return of the justice, admit such
return or any part thereof evidence the trial
| of the appeal pTOUided, where judgment is rem
dered against the defendant or in his favor, for
sum not exceeding fifteen dollars exclusive of costs,
IL such defendant at the time Of Ape aling shall
make oath that he has q valid claim against th e
| plaintiff. as forth in his answer, exceeding the
sum of fifteen dollars, over and above the claim
vi of plaintiff forth in the complaint, he
Veily believes the action shall be tried in the
pelate court cases originally brought there; but
the said parties may, by written consent, signed by
the parties their attorneys appearing the
turn of the justice admit such return any part
Sec 2 This act shall take effect and be in force
l. frnm and after its publication.