The Superior times. [volume] (Superior, Wis.) 1870-1912, 1874-04-11

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demnify it and the defendant against all taxable
costa therein.
Section g. This set shall take effect and be in
force from and after It's Passage.
Published March g. 1874.l
CHAPTER 295
AN ACT in relation to evidence when either party
becomes insane.
The people Of the State of Wisconsin, represented
in senate and assembly, do enact as follows
I Section l. A party 10 cfvil action or proceed
ing shall not be examined a witness on his trial
when the opposite party parties, either or any of
/ them insane, sues or defends as guardian or
/ representative of insane person nor shall he
or they be examined in relation 70 any matter in
controversy in such action or preceding IN which
! the plaintM defendant claims as assignee, when
the original assignee assiGnees, either of the
/ is or insane: provided that party may IN all
cases be examined i'll relation 10 any conversation,
transaction matter as 70 which the ~op-
pose party has given evidence upon the trial, and
which did not occur take place With or IN the
presence of such insane person. The Judge or
other officer before whom any such achof1 or pro-
ceedirg is pending, shall take such proofs OF the
insanity Of any such person az he shall deeSa neees-
sary to establish the fact. SIS .t..
Section 2. This act shall take effect and De IN
force from ond after its passage and publication
Approved March H. 1874.
[Publihed March &C. 1871
| CHAPTER 1876. *.
An AoT to prescribe the lnode OF issuing commits
sions to take the evidence of non-residents.
Tho people OF the State OF Wisconsin, represented
! in senate and assembly do enact as follows:
Section l. In any civil action proceedings,
the evidence of any witness or party therein who
is a nonresident OF the state of Wisconsin, may be
taken by commission, the party desiring to take
such evidence after issue of fact has been found
thereon, the time to plead, answer deinur has
expired, shall make such nterTogatories "a he may
desire to have asked and propounded to such wit
ness or party, stating in the caption thereof, or
elsewhere therein, the name OF such witness OF
party. his place OF residence, and also the name OF
n commissioner 10 execute such commission, and
his place OF residence ana the opposite party has
appeared therein, he shall serve copy of such i'll
terrogations upon such party II he has appeared
by attorney, the same shall be served upon the at
torney not the party IN ten days after such service
such party may serve IN like manner, cross-iLtsr
rogatories, and III which ACKNOWLEDGEMENTS in
like manner, he may also name person to act
commissioner and his place of residence, and he
shall be a resident Of the same county of which
the commissioner named III the direct interroga-
tories is resident. The time of serving such
interrogatories may be extended from time TO time
by stipulation or by the judge OF the court IN
which such action is pending or by any court com
missioner of ana il the county IN which such action
Isp ending. .LE
Section 2 The COMM ssioner named IN the direct
iIIterrogstories shall fix tne time and place for
ecutng such commission, ana which, If there
two commissioners shall be at some place in the
county il which such commissioners reside, unless
the commissioners stipulate TO execute the same
elsewhere, and he shall give the commissioner
named IN neutrality-suspicious. If they reside IN ths
same place, enc days notice; if he does not, then
in addition one days notice for every thirty miles
p ch commissioner may reside from the place fixed
tcr executing such commission, If notice is given
BY mail, then double time shall be given If both
titles appear at the execution of ssch commission
no notice proof of notice shall be required. The
commits Voner named the direct Interr0 atores
/ shall have the charge of returning E1cn commits
/ sion after the same Is executed.
! Section 8 TIE party desiring to take the
dence Of such VIII pees or party, may cause com
mission to be issueo our OF me proper court after
neutrality-suspicious. hive been served, or the time
| to serve same has eiai0 ned wherein shall be
I oamed and designated commissioner or COM
/ missoners, the person or PEI Scns named IN such
! direct
and interrogatores shall be attached TO such
/ commission, and the shall 70 executed &C
cording TO law, and the rules and r@actlce OF the
/ court.
Section l. Each party shall pay the Fees of the
! commissioner by him named, and his Ia Yful ices
! shall be taxed Ike other disbursements IN Inc &C
/ ton
Section :. Tins act shall take effect and be in
force from and after its passage and publication.
Approved March 10, 1874.
Published March o. 1871
CHAPTER 292.
Az Acr tc amend section sc Of chapter 119 Of the
general laws of 1872, entitled an act III relation
TO railroads and the organization Of railroad com
| panies.
The people of the State of Wisconsin, represented
! in senate and assembly, do enact as follows
| Section l. That section SO Of chapter 10 of the
general laws Of 1872, entitled an act IN relation
| to railroads and railroad companies il hereby
| amended by adding thereto the following, viz
| Any railroad company now existing under the laws
OF this state ana whose line IS wholly WITHIN TINS
state, is hereby authorized and empowered
4
depot ground T1ghts privileges, franchises, rolling
stock, furniture, tools, implements, aU3endages,
and appurtenauces used IL comm ction herewith,
Of any other RAILROAD company now existing under
the laws of THE state, any part thereof, when
| ever the railroads % such two companies or any
part thereof are so Sts ated and Crcumsanced that
they can be connected and operated together and
be made TO constitute one continuous main line
( with or without branches.
Section 2. Section 80 of chapter lIS OF the laws
Of 1872, entitled an yeiatlon to railroads,
/ and the organization OF rar,>2d companies Is
! hereby amended to read follows: All existing
railroad corporations within this te shall respect
lively have and possess all the powers d privileges
contained in this act and III their sctve char
tiers, and they shall be subject to all the tlee and
liabilities prescribed by this act
Section 2. This act shall take effect ana be IN
! force from and after its passage.
/ Approved March y, 1874.
Published March &c, 1871
! CHAPTER 3l8.
AN ACT to amend chapter 46 of the general laws Of
1862 entitled act to protect the lands and TIM
Der granted to the st. Croix and Lake Superior
Railroad Company.
The people of the State of Wisconsin, represented
Ill senate and assembly, do enact as follows:
Section L. Section of chapter forty-six of the
general laws OF 1869, entitled act to protect the
lands and timber therein granted to the st. Croix
and Lake Superior Railroad Company is hereby
amended so as to read as follows: Section 3. Any
person shall have fun power to prosecute in the
name of the state of Wisconsin, any person per
ssns by causing their arrest and trial for larceny
before any court having competent jurisdiction.
VINO shall cut carry away any timber or logs,
! growing or being upon said lands, provided III
section 53 of chapter 16J Of the revised statutes,
| and upon the conviction Of the defendant under
The provisions OF this act, the person making said
complaint shall be entitled 10 receive oue-half OF
/ the fine which may be imposed upon the person
/ persons thus complained Of And the judge
| officer receiving said GLe Is directed and eInpow-
cred 10 pay over to SAID complainant his appli-
cation, one-half of the fine received. Any per
! son persons who shall cut or carry away any
/ timber or logs growing being upon eaid lands
granted to said st. Croix and Lake Superior Rail
! road Company, without the consent OF said Com
! pany shall be guilty of the crime of
larceny. and upon conviction thereof shall be fined
! a sum not exceeding five hundred dollars and n
the discretion OF the court Gsay ba imprisoned in
the county jail Tor term not exceeding one yeag
/ less than three mCutbg,
| Section q This act shall take effect and be in
| force from and after its passage
Approved March Il, 1874.
Published March d, 1881
| CHAPTER rs.
An AoT to authorize the city of Appleton to fuid
! its corporate Indebtedness,
The people Of the State Of WISCONSIN,. represented
| IN senate and assembly, do enacs follows:
Section l. The Mayor and Common Council of
/ the city Of Appleton shall have power, and
hereby authorized TO fund the corporate indebted
ness of said city and for that purpose to issue the
thousand dollars principal with interest coupons
nexed Of sufficient amount to oG5a3 ell interest
! that nay accrue ON said bonds.
Section ,. The bonds herein provided for shall
I be issued IN amounts OF nos less than twenty-five
dollars nor more than thousand dollars of prin-
the first day of February, 1879 st the office Of the
1 City Treasurer.
| Section g Tor the payment OF The bonds herein
authorized the Gfavor and Common Council OF said
rt - .1 " al