The Superior times. [volume] (Superior, Wis.) 1870-1912, 1877-04-21
Published March q, 1877.
CHAPTER 2I-
AN ACT to facilitate the perfect execution of
trusts in certain cases

trusts in certain cases.
The people of the state of Wisconsin ted in
senate and assembly, do enact as follows:
Section l. Whenever any Misunderstanding or
disagreement shall arise between the mortgager
IN any railway mortgage trust deed of property
situated within this state, the proper construc-
OF any OF the provisions OF such mortgage deed of
trust to the rights and duties of either Of the
parties thereto thereunde either of the parties to
Jointly, may, by petition addressed to the circuit
court of any county within which the mortgaged
property or any or 1t may be situated have a juds-
ment or decree declaring the true intent and mean
ing OF the provision provisions of such mOrtgag e
controversy and the lights aud duties eff the parties
to such mortgage or deed of trust Hereunder. And
such Judgment or decree shall be binding pom the
parties to any such mortgage or deed Of tiust un-
I'll the same Is reversed on appeal as hereinafter
Section p. The petition shall be filed in the office
OF the CLERK OF me circuit court IN and for the
shall in all cases set out have annexed thereto
and of the whole III, reof, ana shall contain re,
gage or deed of trust the construction of which
statement of the points in dispute. From the time
o. filing such petition the pr ceedings shall be
considered an tion pending IL the circuit court
of said county.
Section ,. Upon presentation OF said petition tt
the Judge of sail court he sua by order fix the
time and place when and where the same v i'll be
heard pFotded that TIE time OF such hearing shall
except in ahere all the parties to said
gage deed of trust Join said petition be not less
than sixty days from the date OF said order pro
rided further, that if any of tie said parties are not
resident in the United States, said time shall be
not less than ninety days from the date said
der. lmmed ately upon the making of said order
the party or parties signing and hns said petition
shall give notice TO all the parties of said mortgage
deed of trust who have not Joined in the said pc
titlon, OF the Ming of the same, and of the time
when and the place where the viii be heard
as fixed BY said orSer- Said notice shall be accom-
panied by copy of the petition, certified by the
clerk of said court and shall be delivered personally
to the PARTY intended to be notified .id
tlce when TO be served without the United States
shall also be accompanied by a COPY of this act.
Proof of the delivty If such notice and copy of ne
tlton shall be ue, If tn party notified is residr Mt
IN an OF the states or territories of the United
states, by affidavit of the person delivering the
provisions of chapter ~ of the general laws of 1854
entitled " An aCt to amend chapter one hundred
anu thlrtY-ssyen of the revised statutes entitled
VI sNide ncs. and if tn said notice and petition
are delivered without the limits of the Unit Cd
states, proof OF such delivery may be made bv
country where such delivery Is made certified by
the clerk or prothonotary OF such court under the
seal thereof, prorded further, that no hea ring shall
ee had upon such petition until the expiration of AT
least ninety days from the date of delivery of such
not1cs herein before provided to the pary at last
stituted, may at any stage of said proceeding order
any party whose presence he may deem necessary
and proper to be served with notice as herein
provided, and for that pur pose may stay all further
proceedings on said petition, and any owner OF
bonds secured by said mortgage or deed of trust
may appear and be heard IN such proceedings TIE
said court shall also be at liberty to adjourn from
practice in edngs authorized by this act shall
be the same so far applicable the practice which
governs the prosecution of other civil actions in
said court