The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1877-03-29


ury of the county, by the Treasurer thereof on the
certificate of the Clerk of the Court provided that
the provision of this act shall not apply to the county
of Milwaukee. Each talesnan summoned and act
ing juror in court of record shall be entitled
to twenty-five cents for his services in each cause
to be paid in the same manner herein provided for
the payment of grand jurors. Each juror sworn
before any Coroner, or any inquest taken by him,
shall be entitled to dollar for each DAYS attend
ance on such inquest. Each juror sworn in any
action in Justices court, before any Sheriff on
writ of inquiry shall be entitled to fifty cents for
each days attendance, to be taxed against the losing
party, and when in any action before a Justice of
the Peace Except in criminal cases. any of the par
ties to the action shall demand jury trial such
party shall, before being entitled to the empaneng
OF jury, pay jury fees for half days attendance
in advance.
SEC 2. All acts and parts of acts contravening the
provisions of this act are hereby repealed.
Sec. 3, This act shall take effect and be i'll force
from and after its passage and publication.
Approved March 7, 1877.
Published March 81 1871
CHAPTER pit
AN ACT to facilitate the more perfect execution of
trusts in certain cases.
The people Of the State of Wisconsin, represented
in Senate and Assembly, do enact as follows:
SECTION l. Whenever any misunderstanding
disagreement shall arise between the mortgager and
the mortgages or trustees named, in any railway
mortgage Or trust deed of property situated within
this State, as to the proper construction of any of
the provisions of such mortgage or deed of trust,
Or as to the rights and duties of either of the parties
thereto Hereunder either of the parties to such mort
gage or deed of trust or all of them jointly, may
by petition addressed to the Circuit Court of any
county within which the mortgaged property or any
of it may be situated, have judgment or decree
declari ng the true intent and meaning of the pro-
vision or provisions of such mortgage or deed of
trust the construction of which is SO in controver-
sy and the rights and duties of the parties to such
mortgage or deed of trust Hereunder. And such
judgment or decree shall be binding upon the par
ties to any such mortgage deed of trust until the
same is reversed on appeal hereinafter provided.
SEC. 2. The petition shall be-filed in the office of
the Clerk of the Circuit Court in and for the county
in which the proceeding is instituted, and shall in
all cases set out or have annexed thereto certified
copy of such mortgage deed of trust, and of the
Whole thereof, and shall contain recital of the pro-
vision or provisions of such mortgage or deed of
trust, the construction of which is controversy,
with precise and accurate statement of the points
in dispute. From the time of filing such petition
the proceedings shall be considered action pend
ing in the Circuit Court of said county.
SEC. 3. Upon presentation of said petition to the
Judge OF said court he shall by order fix the
time and place when and where the same will be
heard provided, that the time of such hearing shall
except in where all of the parties to said mort
gage or deed of trust join in said petition be not less
than sixty days from the date of said order; pro-
vded further that any of the said parties not
resident in the United States, said time
shall not be less than ninety days from the
date of said order. Immediately upon the
making OF said order, the party or parties signing
and filing said petition shall give notice to all the
parties to said mortgage or deed of trust who have
not joined in the said petition, of the filing of the
same and of the time when and the place where the
same will be heard, as fixed by said order. Said
notice shall be accompanied by copy of the petit
ton, certified by the Clerk Of said court and shall be
delivered personally to the party intended to be so
notified and said notice when to be served without
the United States shall also be accompanied by a
copy OF this act. Proof OF the delivery of such
tice and copy of petition shall be made if the party
notified is resident in any of the States Territories
of the United States, by affidavit of the person
delivering the authenticated n ap-
cordance with the provisions of chapter 70 of the
general laws of 1864, entitled ''An act to amend
chapter one hundred and thirtyseven of the Revised
Statutes, entitled of evidence" and if the said
tice and petition delivered without the limits of
the United States proof of such delivery may be made
by affidavit taken before Judge of of record
OF the country where such delivery is made certified
by the clerk prothonotary of such court under
the seal thereof; provided, further that no hearing
shall be had upon such petition until the expiration
OF at least ninety days from the date of delivery of
such notice as hereinbefore provided to the party
last notified. The court in which such proceeding is
instituted may at any stage of said proceeding
der any party whose presence he may deem neces-
sary and proper to be served with notice herein
before provided and for that purpose 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. The
said court shall also be at liberty to adjourn from
time to time the said hearing to postpone the
same; the practice in proceedings authorized by
this act shall be the same, so far applicable, the
actions in said court.
Sec 4. The said court may, if essential, take
proofs upon the hearing of said petition and the
Judgment or decree rendered thereon shall be entere
and docketed other judgments and DEGREES of said
court Either party may file exceptions to the deci
sion of said court in said proceeding and appeal to
the Supreme Court from the judgment therein, in
like manner as appeals are taken from judgments in
other civil actions Either court may award costs
to the prevailing party and render judgment there
for against the other party.
SEC. 5. This act shall take effect and be in force
from and after its passage and publication.
Approved March Z, 1877.
Published March 81 1871
CHAPTER 144
AN ACT to amend subdivision ten, Of section
eleven of chapter 119 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 i'll
Senate and Assembly, do enact as follows:
SECTION 1. Subdivision ten, of section eleven of
chapter 119, of the general laws of 1872 entitled,
An act in relation to railroads and the organization
of railroad companies" approved March o. 1872 is
hereby amended so as to read follows: To bor-
row such sum or sums OF money at such rates of in
terest and upon such terms as said company or it's
Board Of Directors shall authorize and agree upon,
and may deem necessary Or expedent, and to ex-
ecute more trust deeds mortgages, or both,
as occasion may require, any railroad or rail-
roads constructed or in process of construction by
said company, for the amount OF amounts
borrowed or owing by such company, upon such
terms and in such manner as such company or its
Board of Directors shall deem expedient; and such
company may make such provisions in such deed
or mortgage for pledging or transferring their rail-
road track, right of way, depot grounds, rights,
privileges, franchises immunities machine houses,
rolling stock, furniture, tools, implements, append
ages and appurtenances used in connection with
such railroad railroads, in any manner whatever
then belonging to said company, or which shall
thereafter belong to it, security for anv bonds,
debts, or sums of money that may be secured by
such trust deed or mortgage as they shall think
proper; and in of sale of any railroad or rail-
roads, or any part thereof, constructed or in
process of construction by any railroad company,
or by virtue of any trust deed or on any fore
closure Of any mortgage thereupon, the party or
parties acquiring title under such SALE and their
associates, successors and assigns shall have and
acquire thereby, and shall exercise and enjoy there
after all and the rights, privileges, grants,
franchises, immunities and advantages in
and by said mortgage or trust deed
enumerated and conveyed, which belonged to, and
We're enjoyed by, the company making such deed or
mortgage, contracting such debt SO far as the
same relate and appertain to that portion of said
road, Or the line thereof mentioned and described
in and conveyed by said mortgage or trust deed and
no further as fully and absolutely in all respects
the corporators shareholders officers and agents of
such company might or could have done therefor