The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1876-04-13


District-attorney shall certify that such pursuit
was necessary and proper, the county Board OF SUI
pervisors is authorized to allow a fair compensa-
ton for the time and necessary expenses of such
pursuit But all extra compensation authorized by
this section shall be at the discretion of to county
! board.
SEC. 2. Chapter 245, of the session laws of 1875
is hereby repealed
SEC. s. This act shall take effect and be in force
from and after its passage and publication.
| Approved March Z, 1875.
Published March Is, 1876.
CHAPTER ISL.
AN ACT relating to actions on undertakings given
appeals to Supreme court.
The people of the State of Wisconsin, represented
in Senate and Assembly, do enact follows:
SECTION l. In all appeals taken Or hereafter to be
taken from judgment directing the payment of
money, the Supreme court Snd where the execution
section twenty-five (22), chapter two hundred and
sxtyfour (264) of the general laws of 1860, and the
said appeal shall have been dismissed for want of
prosecution by the appellant, the respondent may,
after having issued execution against the appel
lant and the having been returned unsatished,
either in whole or in part, commence an action on
the undertaking executed against the appellant,
and the sureties therein, in the same manner
and with the same effect If the said judgment
/ appealed from had been affirmed.
SEC. q This act shall take effect and be in force
from and after its passage and publication.
Approved March Z, 1876
Published March Is, 1851
CHAPTER $50.
AN ACT in relation to new trials in civil and crmi-
nal actions
The people of the State of Wisconsin, represented
in Senate and Assembly, do enact as follows:
SECTION l. In motions for trials, founded, in
whole or in part upon newly discovered evidence
the motion may be heard and determined without
case being made and settled, upon afidavits,
and the record in the case, provided copies of the
affidavits shall have been properly served, and
the notice of motion specify that the motion is based
on such afidavits, and the records in the or
such part of them the party may desire to use
with such affidavits.
SEC. 2. If the moving party desires to base his
motion upon the evidence or part of it, taken
the former trial. the record part of it in the
case, and upon aidayits, it shall be sufficient for
hearing of the motion to specify in the notice of
motion served, with copies of the afidavits, that
the motion is made upon such evidence and such
record and such afayits, provided that the record
and copy OF the evidence be present for exami-
nation at such hearing.
SEC. 3. If the judge in either of the cases above
provided for, upon the bringing on OF the motion,
shall order that case therein shall be made and
settled for the hearing of the motion, he shall
tinue the motion until the same is heard upon the
case, within such time may be by him limited.
Sec A. This act shall be in force and take effect
from and after its passage.
Approved March Z. 1876.
Published March Is, 1851
CHAPTER 1879.
AN ACT authorizing the correction of conveyances
of real estate in certain cases.
The people of the State of Wisconsin, represented
in Senate and Assembly, do enact as follows:
SECTION /. The Circuit court of any county in
which conveyance of real estate is recorded may
make order correcting the description in such
conveyance, on proof being made to the satsfac-
ton OF the court that such conveyance contains an
erroneous description, and not one intended by
the parties thereto; or when the description is
ambiguous and does not clearly or fully describe
the premises intended to be conveyed; provided, |
that the person or persons making such convey
ance is dead, or is nonresident OF the State or
county where such conveyance is recorded, and
shaw d0
representatives assigns, have been in the quiet
undisturbed and peaceable possession OF the
premises intended to be conveyed for the period OF
ten years and provided further, that nothing in
this act shall prevent the bringing of action by
any person interested to reform correct any in
strument in writing, prevent the Circuit court in
any application under this act from directing such
action to be brought when there is any doubt as to
the justice of such correction being made, or for
any cause that to the court may seem sufficient
SEC. q This act shall take effect and be in force
from and after it's passage.
Approved March 8, 1876.
Published March 16, 1861
CHAPTER 1872.
AN ACT to amend section one, of chapter three hum
1915. entir,eI Al Act 10 authorize the establish
ment and maintenance of free high schools"
The people of the State of Wisconsin, represented
in Senate and Assembly, do enact as follows:
SECTION ]. Section one, OF chapter three hundred
and of the laws of Wisconsin, of 1875,
entitled g An act to authorize the establishment
and aid in maintenance of free high schools" is
hereby amended by inserting after the word city,"
in the first line of said section one, the words, "
school district which contains within its limits
incorporated village" and by inserting after the
word viage" in the eighteenth line of said section
one the words Or school district which contains
within its limits incorporated village" and by
inserting after the word |" cities" in the twenty
fourth line of said section one, the words: Or
school district which contains within its limits an
village :" that section one, when
amended, shall read as follows: Section l. Any
town. incorporated village, city or school district
which contains within its limits an incorporated
village, in this State, may establish and maintain
not exceeding two free high schools whenever
majority of the legal voters voting upon that ques
ton at any regular annual meeting thereof, or at
any special meeting legally called and held for that
purpose, shall determine so to do. The
vote upon the question OF establishing such
high school Or schools, ashall be t taken
ViUG voee, by ballot, as may be deter
mined by the proper authorities for calling and
conducting such annual or special meeting, and
the manner of taking such vote shall be specified
in the notice of such meeting, whereat such vote
is to be taken provided that whenever 1t is deter
mined by the proper authorities to take suoh vote,
viva voce, the tice thereof shall specify the hour
of the day at which such vote shall be taken and
provided further, that the elector OF any town or
incorporated city village, any school district
which contains within its limits an Incorporated
village may at the time appointed to take such /
vote, viva voce, order and determine that such vote
shall be taken by ballot, and when such order shall
be thus made, the vote shall be by ballot Inc |
vote upon the question of establishing high schools
in towns, incorporated villages, cities, and school
districts which contains within its limits an 1ncor-
porated village shall be canvassed and determined
in the same manner as now provided by law for |
canvassing and determining votes upon other cues
tions relating to such municipalities, and special
meetings for consideration of this matter shall be
called and held in the manner now provided
by law for calling and holding special meetings for
other purposes.
SEC. (2). This act shall take effect and be in
force from and after its passage.
Approved March 6, 1876
Published March is, 1861
CHAPTER 116.
AN ACT to amend section forty (40) of chapter one
hundred and nineteen, of the general laws of
1872 entitled san act in relation to railroads and
the organization of railroad companies.
The people of the State of Wisconsin, represented
in Senate and Assembly, do enact as follows:
SECTION l. Section forty [40), of chapter one hun
bred and nineteen 119); of the general laws OF
1872 entitled An act in relation to railroads, and
the organization of railroad companies" is hereby