The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1876-03-30

fee, so that said section when so amended will
read as follows: Section 25. No judge commits
s1oner shall be allowed to demand or receive any
fees or compensation for services such judge,
commissioner Judicial officer, except where fees
or other compensation are expressly given by law;
and Judge, commissioner or other judicial officer
shall be allowed to give advice to parties tigant in
any matter or action pending before such Judge or
officer or which he has reason to believe will be
brought before him for decision; or draft or pre-
pare any papers or other proceedings relating to
any such matter or action, except when expressly
authorized by law; nor shall any judge of any of
the circuit courts of this state, while holding such
Office of circuit judge, be in any engaged or
act as attorney or counsel in any action, o.,
proceedlng pending IN Or which ne has reason to
state give advice opinion therein, upon PEN
atty Of removal from Office.
Section 2. This act shall take effect and be in
force from and after its passage and publication.
Approved February IA, 1876.
Published February %, 1861
CHAPTER 40.
AN ACT to provide for taking dispositions in coun-
ty courts in probate matters.
The people of the state of Wisconsin, represented
in senate and assembly, do enact as follows:
Section /. When witness whose testimony is
material to be used before any county court shall
reside out of this state, the judge may issue COM
/ mission to more competent persons to take
i the testimony of such witness. Such commission
shall be signed by the judge, and such depositens
| shall be taken and returned in the same manner
that dispositions are taken and returned in the cir
| cult court
Section q Dispositions Of witnesses residing in
| this state may be taken in any matter pending
i the county court for the same reason, and in the
/ same manner, and on the like notice as the same
] might be taken in any civil action pending in a
of record of this state, and all dispositions Ia
ken according to the provisions of law for taking
dispositions be used in the trial of civil actions,
may be used the trial of any question before the
county court where such testimony may be proper.
Section 8. Notice upon the attorney of the oppo-
site party shall be sufficient notice where attor
ney has appeared in the matter. Service OF notice
upon executor, administrator or guardian,
shall be sufficient if there be than If the
party to be served reside out of the state and has
not appeared in the matter, service of such notice
| may be made on such party by publication thereof
for two weeks successfully before the time of TAX
ing such deposition, in some newspaper of general
circulation to be designated by the county judge,
in the county where the matter is pending, If there
be such newspaper in the county; if not, then in
such newspaper as shall be designated by the coun-
ty judge.
the trial and hearing of all matters in the county
court when sitting as q cours of probate, and on
the trial and hearing of all matters before commits
sioners appointed by the county court to hear and
adjust claims, and before the county judge on the
trial and usting of claims against the estates of
deceased persons. Such dispositions shall be filed
before the commencement of the hearing or trial in
which they are taken and if the opposite rarty ap
pear the day of hearing he shall be notified of
the filing of such deposition, and all objections to
the validity of any deposition it's admissibty in
evidence shall be made before entering on the trial.
not afterwards; but any deposition may be sup
pressed afterwards for any matter not appearing in
the deposition which is sufficient to authorize its
suppression.
Section s. This act shall take effect and be in
force from and after its passage and publication.
Approved February Is, 1876.
Published February Il, 1851
CHAPTER IA.
AN ACT to enable foreign trustees to sue in the
state of Wisconsin.
The people of the state of Wisconsin, represented
in senate and assembly, do enact as follows:
TTy11n- O%
shall have been duly appointed in any other state,
territory or foreign country, either original
substitute trustee, and no trustee shall have
been appointed in this state upon that part of the
trust estate situated therein, such foreign trustee
upon causing to be recorded in the Office of any
register of deeds in this state certified copy of his
or her original appointment, or the original APP
pointment, a certified copy of the order appoint
ing him or her trustee, when such appointment was
made by court, shall be empowered or entitled to
commence and prosecute all necessary actions in
any of the courts of this state collect
any claim or demand due to such trust estate from
any person, company or corporation in this state.
for the recovery of any real personal property,
or for the conversion thereof, belonging to such
trust estate to forecose any mortgage land con-
tract which may belong to such trust estate, or in
which such trust estate may have an interest, upon
in any real estate in the state of Wisconsin, and
prosecute all other actions to the same extent as
such trustee might would be entitled to do if or
ignally appointed trustee in this state: provided,
that in any such action such trustee shall be re-
quired to give security for costs, the same re-
tiff.
Section q Such foreign trustee shall allege in
the complaint the recording Of such certified copy
or of such original appointment stating the name
of the county wherein recorded; and such aIlega
ton shall be taken true and no proof of such
allegation shall be required or of the validity OF the
appointment of such foreign trustees, unless the
defendant, by affidavit, or by an allegation in his
answer verified, deny positively such allegation, or
positively alege the nvalidity Of said appointment
and state wherein said appointment is invalid.
Such denial or allegation must be positive, and If
it be by affidavit it must be served upon the oppo-
site party before the time to answer expires.
Section g. This act shall take effect and be in
force from and after its passage and publication.
Approved February 10, 1876.
Published February %, 1861
CHAPTER 80.
AN ACT to amend section one az, of chapter one
hundred and sixty EIGHT Q68) of the general laws
of 1871, and to regulate the teachers school
month";
The people Of the state of Wisconsin, represented
in senate and assembly, do enact as follows:
Section Section one % Of chapter one hum
1871, is hereby amended by striking out the word
sitwenty two" from said section wherever it occurs
and substituting in the place thereof the word
twenty" SO that the section when amended will
read as follows: Section one ~. Hereafter in all
settlements for wages between teachers and school
boards, or other employers of teachers in the pub
lie schools on all contracts that may be entered in
to subsequent to the passage of this act, twenty
days shall be understood as constituting school
month, unless it be otherwise specified IN the
tract: provided that in all such settlements, on
the basis of twenty days to month, all legal hol-
days occurring on regular school days, shall be
counted and included, although no school be
taught: and provided further, that teaching
Saturdays shall not be counted or included.
Section q This act shall take effect and be in
force from and after its passage and publication
Approved February 49, 1876
Published February 26, 1851
CHAPTER 55.
AN ACT relating to the publication of delinquent
tax lists.
The people of the state of Wisconsin, represented
IN senate and assembly, do enact as follows:
Section L. Hereafter it shall be unlawful for any
county treasurer to publish list of lands for nom
payment of taxes, for any county clerk to pub
fish list of lands for redemption in any neWspa-