Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1864-04-28


nor more than three hundred dollars, or be impr;
oned in the county Jail for not less than one mont
nor more than six months, at the discretion of th
court.
Sec 5. !.ay tax certificate or tax deed Issued i
VIOLATION Of the provisions of this act, is hereb
declared null and void, and no money recev ed int
, the county treasury for any such tax certificate
snal be refunded to the purchaser, or to any per
|, son on his behalf.
Sec 4: This act shall take effect and be in fore
nom aud after its passage and publication.
Approved March 81, 1864. ~COPY
Published April To- ls64.l
CHAPTER 261.
AN All to provide for reaiizag the amo1,ts q,
| unpaid mortgages due to the sta te
Ihe people OF the state of Wisconsin, represented
IN senate ana assembly, do enact as follows.
| sec. l. The commissioners eff school and pn;v.
slty lands may. In their discreet cause to ha
praised any lands which sball have been bid in for
| the state, upon sale made CA account of non nav
| ment OF a mortgage thereon, and shall have 70
| NAMED unsold by the state three months att
SucA sale, whether such sale shall have been ms
~ Tue commissioners or by any other person, upon
| foreclosure OF such mortgage.
| sec - Such appraisal shall he made nv At le.s,
| Two persons selected by the commissioners
| Fes'uents the county where the lands lie and
i snail De made IN such form and manner and upop
| such CONDITIONS as the said commissioners shan
uitect before making such appraisal, the persons
selected tor that purpose shall take and subscrhs
| an oath to appra sc, estimate and return TO the
commissioners the true cash value according 10
| their best Information and Judgment of the Land,
oesef'Dro In the llst furnished to them by the com
| mISsioners-
See 3. The expenses of such appraisal shall not
exceed i've dollars for each of land and shall
| De pad upon the order of the said commissioners
| out OF the income of the appropriate fnpd
Sec. 4. Upon receiving the returns of su,b a,
praise the said commissioners may proceed to
sell the same a pablo auction, first publsbing a
notice OF the time and place of such sale snac5fv
ing the lands to be sold, and the appraised yalus
OF each tract, in the state paper Madison an in
antWspaper puolishedi in the county where the land
Is situated, or II no newspaper is published in such
county, then In one published near such county
ouchnotlce snail be first published at least
| six weeks before such sale, and the nuh
ication shall continue for four weeks once
IN each week, and the expenses thereof
shall be pad out of the income of the
appropriate fund, upon the order of the commits
soaers. Such sale shall be governed by the pro.
visions OF sections twenty-five, twenty three, TWEEN
ty-slX, twenty seven, twenty nine and thir:y of
chapter twenty-eight OF the revised statutes as
heretofore amended, except that the minimum
price of such lands shall be the appraised yaIue "a
aforesaid; and duplicate certificates of sale shall
be issued for such lands, as in the case of school
LANDS.
Sec. 5. All such lands that shall remain upsold
after being SO offered at public sale, shall be sub
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. 6. After such lands shall have remain ed one
year to private sale, aforesaid the price
of any of them may, by order of the commission
ers, be reduced &c ninety per ceutum of the said
appraised value. One year or more after such re-
duction, the commits ioners may again reduce the
price OF such unsolG lands to eighty per centum of
the SAID appraised value; and they mas subse-
quenty, 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. I. Before making any such reduction, the
commissioners may, in their discretion, publish iu
the state paper, once week for four weeks, list
of the lands with the prices thereof as they will
be when reduced, and the date when such reduc-
ton will be made.
ter twentyeght of the revised statutes, as amend
ed by section of chapter one hundred and
thirty OF the general laws OF 1865 is hereby amend
ed, to read follows: 1.-The commissioners
may bid in and purchase said laad for such price
they shall deem safe for the state but no other
bid than theirs shall be received for less amoupt
than the whole sum chargeable ON said land. The
lands so bid in by the commissioners and all other
lands bid in for the state closure of mortga
ges, shall be subject to private sale in the same
manner and on the same terms as school lands sub.
Ject TO private sale, and duplicate certificates may
be given upon such sale as similar sales of
school lands The minimum price of such mortgage
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. 8. Section four of chapter one hundred and
thirty of the general laws of 1853 is hereby amend
ed, so as to read as follows: 80 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, a sale made
by the commissioners, for a sum insufficient to pay
the principal and interest SO secured with the
proper costs and disbursements the msaioners
hereby required to take proper steps collect
the remainder due from the person who may be
personally responsible TO" the payment of the
samei and for that purpose, to cause action
to be instituted, when there appears probable
ground for supposing that judgment may be
recovered and collected Tor such deficiency. Such
actions may be brought by any person employ
ed for that purpose in the counties of either
Dane or Milwaukee, and no change of the place
of trial shall be allowed the ground that
the defendant resides in another county. The
commissioners may order the expenses of such
tions to be paid out of the income of the appropr
ate fund: pr00Sded, that such expenses shall in no
case exceed the costs taxed or taxable therein;
and provided, further, that the commissi on ers ay
in their discretion, any time receive in full set,
Element the principal and interest owing to the
state, and all costa and disbursements, deducting
therefrom the net amount for which the commits
sioners may have Sold the mortgaged lands"
Sec. TO- All laws for the protection of school
lands other lands belonging to the state or
Furnishing trespassing waste thereon, CIR laws
authorizing the commissioners to lease the same,
to take or recover possession thereof, and to pre-
Vent injury thereto shall apply to the lands men
toned in this act.
Sec II. This act shall be in force as soon as pub
lished.
Approved March 81, 1864. Bg- COPY.
Published April 16, 1854
CHAPTER 262.
AN ACT to amend section 217 of chapter 100 of the
revised statutes, entitled " of courts held by JUS
tees of the peace"
The people of the state of Wisconsin, represented
in senate and assembly, do enact as follows:
Section 1. Section two hundred and seventeen
of chapter one hundred and twenty of the revised
statutes, is hereby amended, so as to read fol-
lows: 81 Section 2l7 The appeal shall be heard on
the original papers, and the return ef the justice
aiming ali the material evidence and his ruiz
Dgs in the action, in case where the judgment sx-
elusive OF costs, does not exceed fifteen dollars:
but where the judgment shall exceed that sum-
(the costs excuded,) and also where judgment is
against the plaintiff or in his favor, for rum not
exceeding fifteen dollars, exclusive of costs, if he
shall make oath at the time OF appealing, that re
has raid claim against the defendant set forth
in his complaint, exceeding the OF fifteen dol
lars, he verify believes, the action shall be
tried in the appellate court cases originally
brought there; and in the judgment is render
ed in favor of the plaintiff for not exceeding
fifteen dollars, exclusive Of costs, and the defend
ant shall have appealed, if the plaintiff shall make
affidavit that he has valid claim against the
defendant exceeding the sum OF fifteen dollars, as
set forth in his complaint, and shall file the same
with the clerk Of the court in which such appeal
may be pending, and serve copy thereof on the
defendant or his attorney eight days prior to the
term at which the appeal may be tried, the action
shall be tried in the appellate court origin
ally brought there but the parties may by consent
in writing signed by the parties their attorneys,
appearing on the return of the justice, admit such
return or any part thereof evidence the trial
OF the appeal: pT01ided, where judgment is
dered against the defendant or in his favor for
sum not exceeding fifteen dollars exclusive of costs,
if such defendant at the time Of appealing shall
make oath that he has valid claim against the
plaintiff set forth in bis answer, exceeding the
sum of fifteen dollars, over and above the claim
OF the plalntiH as set III as ne
veily believes the action shall be tried in the ap-
pelate court cases originally brought there; but
the said parties may, by written consent, by
tn parties their attorneys appearing on the
turn of the justice, admit such return or any part
thereof as evidence on the trial Of the appeal.''
Sec 2 This act shall take effect and be in force
from and after it's publication.
Approved March 81, 1864. E1 COPY.
Published April 20, l864.I
CHAPTER 80.
AN ACT to amend section IA of chapter le of the
revised statutes, entitled Z" of highways and