Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1877-04-18

parties to any such mortgage deed of trust nm
til the same is reversed on appeal rs hereinafter
provided.
Section 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 have annexed
thereto certified copy of such mortgage or deed
of trust and of the whole thereof, and shall
contain recital of the provision or provisions
of such mortgage On deed of trust, the construc-
ton of which is in controversy, with precise
and accurate statement of the points in dispute
From the time of filing such petition the pro-
ceedings shall be considered action pending
in the circuit court of said county.
Section 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; procided, that the time of such
hearing shall, except in where all of the
parties 10 said mortgage or deed of trust JOIN IN
said petition, be not less than sixty days from
date of said order; DroUided .f1ther, that if any
of the said parties are not resident in the United
States said time shall be not less than ninety
DAYS from the date of said order. Immediately
upon the making of said order, the party par
ties signing and filing said petition shall give
notice to ! 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 no
tice shall be accompanied by copy
of the petition, certified by the clerk of said
court and shall be delivered personally to the
party intended to be SO notified and said notice
when 70 be served without the United States
| shall a.eo be accompanied by copy of this act
Proof of the delivery of such notice 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 deliver
ing the same, authenticated under and in ac-
cordance with the provisions of chapter 70 of the
general laws of 1864, entitled - An act to amend
chapter one hundred and thirty-seven of the Re
vsed Statutes entitled of evidence" and if
the said notice and petition delivered with
out the limits of the United States proof of such
delivery may be made 10y affidavit taken before
Judge of court of record of the country
where such delivery is made, certified by the
clerk or prothonotary of such court under the
seal thereof; piouded, further, that no hearing
shall be had upon such petition until the eXpira-
ton of at least ninety days from the date of de-
livery 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 order any party whose pres
ence he may deem necessary and proper, to be
served with notice AS hcreinbefore provided and
for that purpose may stay all further proceed
ings 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 or to post
pone the same the practice in proceedings au-
thorized by this act shall be the same SO far as
applicable as the practice which governs the
prosecution of other civil actions in said court
Section 4. The sud court may, ii essential,
take proofs upon the hearing of said petition and
the judgment decree rendered thereon shall
be entered and docketed as ether judgments and
DEGREES of said court. Either party may file ex-
ceptions to the decision of said court in said pro-
ceeding 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 therefor against the
other party.
Section ). This act shall take effect and be in
force from and after its passage and publication.
Approved March 7, 1877. ssg COPY.