The Superior times. [volume] (Superior, Wis.) 1870-1912, 1877-04-21

a,. nd for the purpose of determining the rights
~ fine parties upon the trial shall not be considered
IN any manner whatever by the justice jury be-
tore an whom the action shall be tried and if the
pIaintiff fail to recover more favorable judgment
.ha defendant he sha not recover any costs made
after the making of such offer, but shall pay costs
s,on ibis act shall take effect and be in force
from and after its passage and publication.
Approved March 5, 1877.
Published March %, 1871
CHAPTER l9s.
AN ACT relating to attorneys fees in justices
courts, and amendatory of section one, of chapter
90 of the laws of 1876.
The people of the state of Wisconsin represented in
senate and assembly, do enact as follows
Section /. In all actions in courts held by iustices
of the peace the plaintiff, if he shall obtain judg
ment shall be entitled to recover attorney fees as
follows: On all judgments less than fifty dollars
amount equal to ten per cent. ofsuch Judgment:
on all judgments over fifty dollars and under one hun
dred dollars i've dollars as attorney fees and on all
judgments over one hundred dollars ten dollars as
attorney fees And in the Judgment shall be for
the defendant the defendant shall lie entitled to re-
cover attorneys fees, follows In all cases where
the plantIh shall claim in his complaint fifty dol
less, assessment equal to ten per cent of
such claim; in all cases where the plaintiff shall
claim in HI complaint IA sum over fifty dsllars and
under one hundred dollars the sum Of five dollars
and Ia all cases where the plaintiff shall claim in his
complaint one hue dred dollars and over, the of
ten aolIars The provisions of this act shall apply
to proceedings for the recovery possession per-
sona property and the value of the property found
and claimed shall be the basis for the taxation of
attorneys fees under this act; prorided holcerer,
that attorney fees shall be allowed the plaintiff
by attorney and the defendant have appeared
therein and answered or demurred to the complaint
and no attorney fees shall be allowed the defendant
n any such action unless he shall nave appeared
Section p CHAPTER IS. of the laws of 1870 and all
other acts parts of acts in conflict with this act
Section 8 This act shall take effect and be in
force from and after it's passage and publication.
Approved March Z 1877.
Publ .shed March p, ISL
CHAPTER 1872.
AN ACT to regulate the bringing of actions for pen
alties and appeals therein
The people of the state of Wisconsin, represented in
sennte and assembly, do enact as follows:
Section ]. No summons, warrant or other process
shall tier be issued by justice of the peace
other officer, in any action to recover penalty,
forfeiture or fine. under the provisions of chapter
80 OF the revised statutes, unless complaint shall
mayor or aldermen of any incorporated city or viii
lage, or member of the town board of supervisors
residing in the county where such penalty is in
CURED, with such Justice OF the peace other Of
cer prior to the issuing of such process unless in
eases where the right of making such complaint is
expressly conferred by statute upon other persons
and no appeal shall be taken behalf of the state
IN such actions, either TO the circuit county
court or from such circuit county court, to the
supreme court from any Judgment rendered against
the state in such actions, except upon the author
ity of the district attorney and upon the giving of
such bond as is required of private parties upon
Section 2. This act shall take effect from and af-
ter its passage and publication.
Approved March 7, 1871.
Published March %, 1871
CHAPTER 2s3,
AN ACT relating to the capital of fire and inland
navigation insurance companies of other states
and OF foreign governments, desiring to transact
business in this state.
The people of the State of Wisconsin, represented in
senate and assembly, do enact as follows:
Section /. No fire or inland navigation insurance
company organized or Incorporated under the laws
of any other state of the United States or of any
transact business in this state unless possessed of
paid no capital of two hundred thousand d8llars
tf,st 10 81
shall not apply 70 any company that was duly IL
censed to transact business in this during the
year 1910, and that has or shall have complied with
the requirements Of law relative to obtaing IL
ccnse fer the present and, prorided that mu-
transact business in this state in case the states
where such mutual companies are located, admit
the mutual companies OF this state by complying in
all respects with the conditions and obligations im
posed by the laws OF such states on the mutual
Section2 This act shall take effect and be in force
from and after It's PASSAGE and publication.
Approved March 5, lo7I
Published March D. 1871
CHAPTER 2Sl
An ACT relating to fire insurance companies doing
business in the state of Wisconsin.
The people Of the state of Wis consin represented in
senate and assembly, do enact as follows
Section /. All fire insurance companies doing
business in the state of Wisconsin, VINO may take
person, for which the consideration whole or
IA part shall be the issuing OF policy of insuIanc e,
therein in the body of such promssory note or obi
CATION, IN prominent or eglble writing print the
words Given in payment for policy of insur-
ance # transferred either before after maturity
this obligation shall be subject to all defenses if
owned by the payee herein named. Prorided, that
this section shall not apply to ordinary notes taken
sged op as aas iop ana policies Is
such agents IN pay ment OF premiums
SECTION 2, Such promissory notes obligations
shall be negotiable and shall be subject to all
detenses the maker or makers thereof may have
the said note or obligation may be- Prorided also
that all notes mentioned in section of this act,
hereafter executed, shall, il the company to whom
The same were given becomes insolyent or bank
rupt, be wholly VOID in whatsoever hands the
may be, SO far as the premiums for which the same
was given accrued after such insolvency or bank
ruptcy.
the provisions OF section of this act, by neglect
ing and refusing to insert in notes and obligations
taken by them Tor insurance the words required by
do business in this state.
Section l. Should a.y fire insurance company do
ing business IN this state, after having issued pol
icy OF insurance and taken IN payment therefor any
note obligation, and before the expiration of
said policy the sad insurance company should be-
come lnsoiyent fail, or become bankrupt, the note
or obligation given in payment for such policy shall
become utterly void 50 far the premium for
which the same was given accrued after such IN
solYency or bankruptcy, and of effect in whoso-
ever hands the same may be-
Section > All acts or parts of acts conflicting
with the provisions Of this act are hereby re-
pealed.
Section g. This act shall take effect and be in
force from and after its passage and publication
Approved March = Isl.
Published March %, lS77.
AN ACT to regulate the practice in certain cases
The people of the state of Wisconsin, represented in
senate and assembly, 90 enact as follows
Section l. In any and all cases now pending in
any courts OF this which shall
brought therein, IN which party has appeared be-
lore the time Tor answering has expired, without
giving the full five days notice of application for
Judgment an application may be made at any time
within one year after the docketing of said juds-
msnt, to lille and serve answer.
section = Upon application being made, the court
IN WllGh hnch Judgment Is entered shall be en-
tered, shall allow the moving party to file and serve
a verified answer, and upon the filing and service of
such verified answer, The said shall stand for
trla the same as II the answer had been served in
the hrst instance, and if trial the made
~ the answer the defendant shall establish a de
tense to the whole of the plaintiffs claim it shall be
the outy OF the court to annul and aside
Iht Judgment or II the defendant shall establish
uetehse 10 only part of the claims of the plaintiff
then the sad Judgment shall remain in force as to
50 much and to such parts thereof the defenda
fails to establish defense.
Section $ This act shall take effect and he in
force from and after its passage and publication
Approved March 5, 1871.
Published March p, lS77.
CHAPTER 2s6.
AN ACT to define the duties of towns aud town Of
nCers in certain cases.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
Section l. The town board of supervisors of any
town in any county in this state shall not draw any
ORDERS on the town treasurer of this their town for
the disbursement of any money of said town. and
the town clerk and the chairman of the board of
supervisors OF any town shall sign or counter
sign or Issue any town orders until the electors of
sucn town snail have actually levied the tax for the
fund cut of which any Indebtedness or claim il To
he raid and the tax therefor placed in the tax roll
ana the roll placed in the hands of the treasurer
ctcu9h ( Ne town oIlcer in any county in this