The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1877-04-19
Published March %, 1871
CHAPTER 1913.

PETER DOYLE, Secretary OF State.
% 81 81 - aa. ~ 's ----A.
Published March %, 1871
S8 CHAPTER 1893.
AN Act relating to attorneys fees in Justices
Courts. and amendatory OF section one OF cnapter
96, of the laws OF 1876 --.-.
The npone of the State of Wisconsin, represented i'll
Senate and Assembly, do enact as follows:
SECTION l. In all actions in courts held by JUS
tices of the Peace, the plaintiff, if he shall obtain
Judgment shall be entitled to recover attorney fees
as follows On all judgments less than fifty dollars,
an amount equal to ten percent OF such Judgment,
on All judgments over fifty dollars and under one
hundred dollars. five dollars attorney fees and
on all judgments over one hundred dollars, ten dol
lars as attorney fees. And in case the judgment
shall be for the defendant, the defendant shall be
titled to recover attorneys fees follows: In all
cases where the plaintiff shall claim in his complaint
fifty dollars or less, an assessment equal to ten per
cent of such claim; in all cases where the plaintiff
shall claim in his complaint over fifty dollars
and under hundred dollars, the sum OF five dol
lars and in all when the plaintiff shall claim in
his complaint one hundred dollars and over, the
sum of ten dollars The provisions of this act shall
apply to proceedings for the recovery of possession
Of personal property, and the value of the property
found and claimed shall be the basis for the taxation
OF attorneys fees under this act; provided however,
that no attorney fees shall be allowed the plaintiff in
any such action, unless shall appear therein by
attorney, and the defendant have appeared therein
and answered or denurred to the complaint and no
attorney fees shall be allowed the defendant in any
such action, unless ne shall have appeared therein
by an attorney
SEC. D. Chapter 90 of the laws OF 1876 and all
other acts parts Of acts in conflict with this act,
are hereby repealed w fr# |gtE Il q
from and after its passage and publication. a..
Approved March 1851 F.. ~sf#t 81
Published March %. 1877.
CHAPTER 1872
AN ACT to regulate the bringing Of actions for
penalties and appeals therein.
The people of the State of Wisconsin, represented
in Senate and Assembly, do enact as follows
SECTION l. No summons, warrant or other pro-
shall hereafter be issued by any Justice of the
Peace other officer, in any action to recover
penalty, forfeiture fine, under the provisions Of
chapter 1856 of the Revised Statutes, unless COM
plant shall be made and filed by the District Attor
ney, or the Mayor or Alderman of any incorporated
city or village, or a member of the Town Board of
Supervisors residing in the county where such
penalty is incurred, with such Justice of the Peace
other officer prior to the issuing of such process,
unless in cases where the right of making such COM
plant is expressly conferred by statute upon other
persons aud no appeal shall be taken on behalf of
the State in such actions, either to the Circuit
County Court, from such Circuit or County
Cont to the Supreme Court, from any Judgment
rendered against the State in such actions, except
upon the authority of the District Attorney, and
upon the giving Hof such bond as is required of
private parties upon similar appeals.
SEC q This act shall take effect from and after it's
passage and publication
Approved March 7, 1871
Published March %, 1871
CHAPTER 233.
AN ACT relating to the capital of fire and inland
navigation insurance companies [ofl other States
business in this State.
The people of the State of Wisconsin, represented
in Senate and Assembly, do enact as follows:
" SECTION L. No fire or inland navigation insurance
company organized or incorporated under the laws
of any other State Of the United States or of any
foreign Government shall hereafter be admitted to
transact business in this State unless possessed of
paid-up capital of two hundred thousand dollars
provided however, that the provisions of this act
shall not apply to any company that was duly Ii
Censed to transact business in the State during the
AR and has or 81 n b1On w
the requirements of law relative to obtaining a Ii
for the present year, and provided that mutual
companies of other States may be admitted to trans
act business in this State in the States where
such mutual companies located admit the mutual
companies of this State, by complying in all respects
with the conditions and obligations imposed by the
laws of such States the mutual companies OF this
State
SEC @ This act shall take effect and be in force
from and after its passage and publication.
Approved March s, 1877.
Published March o. 1871
CHAPTER 281.
Z ACT relating to fire insurance companies doing
business in the State of Wisconsin.
The people Of the State OF Wisconsin, represented in
Senate and Assembly, do enact as follows:
SECTION l. All fire insurance companies doing
business in the State of Wisconsin, who may take
any prOmissory note or obligation in writing from
any person, for which the consideration in whole
in part, shall be the issuing of policy of in
surance, shall at the time of the taking thereof,
insert therein in the body of such promissory
note or obligation in prominent and legible writ
Given payment
policy of insurance. If transferred either before
or after maturity, this obligation shall be subject
to all defenses, as if owned by the payee herein
named" Provided, that this section shall not
apply to ordinary notes taken by Insurance agents
for premiums and policies issued on cash basis,
and which may be received by such agents in pay
ment of premiums. H 81
SEC. 2. Such promssory notes Or obligations
shall be non-negotiable and shall 5e subject to all
defenses the maker makers thereof may have
against the original promisee in whosoever hands
al
that all notes mentioned in section one, of this act
hereafter executed shall, if the company to whom
the same were given become insOlvent or bankrupt
be wholly void in whatsoever hands the may
be so far as the premiums for which the
given accrued after such insolvency or bankruptcy
SEC 3. Any fire insurance company violating the
provisions of section of this act by neglectng
and refusing to insert in notes and obligations taken
by them for insurance, the words required by
ton of this act shall forfeit their license to do
business in this State
Sec 4. Should any fire insurance company doing
business in this State, after having issued policy
of insurance, and taken in payment therefor any
note or obligation, and before the expiration Of said
policy the said insurance company should become
insolvent, fail, become bankrupt the note OBJ
legation given in payment for such policy shall be-
come utterly void so far as the premium for which
the same was given accrued after such insolvency or
bankruptcy, and of effect in whosoever hands
the same may be.
SEC 5. All acts and parts of acts conflicting with
the provisions of this act are hereby repealed.
SEC 6. This act shall take effect and be in force
from and after its passage and publication.
Approved March s. 1877.
Published March o. 1871
CHAPTER 268.
AN ACT to regulate the practice in certain cases.
The people of the State of Wisconsin, represented in
Senate and Assembly do enact as follows:
SECTION l. In any and all cases pending in
any courts of this State or which shall hereafter be
brought therein, in which party has appeared be-
fore the time for answering has expired, and judg-
ment has been or shall be entered before the time
for answering has expired, without giving the full
five days notice of application for Judgment, ap-
plication may be made at any time within year
after the docketing of said Judgment to file and
serve answer.
Sec. 2. Upon such application being made the
court in which such judgment is entered shall be
entered, shall allow the moving party to file and
serve verified answer, and, upon the filing and
service of such verified answer, the said shall
stand for trial the same if the answer lad been
served in the first instance. and if trial of the
issue made by the answer the defendant shall estab
fish defense to the whole of the plaintiffs claim it
shall be the duty Of the court to annul vacate and
set aside the Judgment or. if the defendant shall