Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1878-04-25

fine not less than ten nor more than fortydol.
lars, besides the cost ofsuit; or in lieu Of such
fine, by imprisonment in the county Jail of the
proper county, not to exceed sixty days nor
less then twenty days; and in case Of punish
| ment by fine as above provided, such person
shall, unless the fine and costs be paid FORTH
| with, be committed to the county Jail Of the
proper c,unty until such fine and all'costs are
paid, or Until discharged by due course Of
| law and in case Of second or any subse-
quent conviction of the same person during
any one year. the punishment may be both
| fine and imprisonment. in the discretion of
the court
Section g. This act shall be in force from
and after its passage and publication.
Approved March IL, 1878.
Published April 0. 1881
CHAPTER 252.
Act t. m the evils e hs
wise.
The peopss Of the state of Wisconsin, represented in
senate and assembly do enact as follows:
Section I. Whenever 1t shall appear that the rec
ords, any material part thereof ofany cecnty IN
this state, have been destroyed by fire otherwise
any map plat. deed, conveyance, contrac, aortgags
deed OF trust or other instrument in writing effect
ing real estate In such county, which las been here
tofore recorded certified copies Of the same NAV
be rerecorded; and in recordin the same, the reg
lister of deeds shall record the certificate of the pre.
vious record and the date OF fling for record ap-
pearng in said original certificates recorded sha
be deemed and taken as the of the record nd
copi of any such record Of such instrument so au
thorzed to be made under this section duly ccrt ed
by the register Of deeds of any such county under
have the ssme force and effect certified copies of
the original record.
Section 2. In any county in this state where the
records have been burned destroyed as speci ed
in the last section and Mat deed
ance. CONTRACT mortgage, deed Of trust other In.
strument in writing effecting real estate in such
county, has been recorded in any other county in
this state, certified copies of the same heretofore or
hereafter be recorded in such county where
the records have been so burned or destroyed and
in recording the same the register of deeds shall re-
cord all certificates attached thereto and If any of
such certificates show the previous recording the
same in the county where the records have been burn
county appearing in said certificate recorded shall
be deemed and taken prina facie the date of the
record thereof. Aud copies OF any such record so
authorized to be made under this section duly GER
tilted by the register Of deeds aay county un-
der his seal of otcs shall be received In evidence
and have the same force and effect certified copies
of the original record.
Section g. Whenever,n any court OF record In this
state any other state, In any court Of the Uni
ted States there ia any original deed CON
tract mortgage deed of trust other instrument in
wr ting, affecting real estate ia such county or certi-
ned copies thereof, copy thereof certified by the
clerk of such court under his seal of office, may De
made and recorded In such county where the records
have been SO burned or destroyed, and in recording
the same the register of deeds shall record all he
certificates attached thereto and any of such Ger.
tcates showthe previous recording of the same in
the county where the records have been burned or
destroyed the dateof filing for record in such coun
ty appearing In said certificate recorded shall bs
deemed and taken the date OF the record thereof
Copies Of any such record authorized to be made
under this section, duly certified by the register of
aeeds of any such county. under his seal OF Office
eal be received in evidence and have same force
and effect as certified copies of the original record
mi IfH nfa,
plat map which is required by law to be kept BY
the register of deeds, has been may hereafter be
injured lost destroyed by fire otherwise 1t shall
be the duty of the district attorney of the county in
which such injury, loss destruction has ed
or shall occur, forthwith TO file in the circuit court
an information in the name of the state of Wisconsin
setting forth substantially the facts Of such injury
loss destruction with the circumstance ate
the same, as near AS may be and thereupon the
clerk oil such court shall cause such information to
be published in full, in one more public newspa.
pers published in such county, for the period four
W eeks, together with NJ tice addressed to "All
whom it may concern" that said court will at term
therein designated to be held not less than fonr
weeks from the first publication Of such info rmaton
and notice proceed to hear and determine the mat
tiers il said Information set FORTH aud will take the
testimony for the purpose of reproducing and
abishing such records Of maps and pats the
shall find to be injured lost destroyed Upon such
publication being made all persons interested shall
be deemed defendants, and may appear in person
by counsel, and be heard touching such proceedings
If the court shall be satisfied that any public records
Of maps and plats has been injured lost destroyed
order to that effect shall be entered record and
thereupon the court shall proceed to take testimony
for the purpose of reproducing and reestablishing
the record so injured, lost or destroyed. The pro-
ceedings may be continued from time to time, eth
or in term or not and orders and DEGREES shall be
made TO eacn map plat separately. The clerk
shall cause all maps and pats adjudged by the
be correct copies of the records lost injured
stroyed, often and they adjudged,
to be flied in the office of the register of deeds, with
certified copy of the order or judgment Of the court
in the premises attached thereto, and recorded in
bonl TO ap ad for hat Ard
the said record shall be deemed and taken in all
courts and places as public record and prima face
as true and correct reproduction OF the original rec
ord SO injured, lost or destroyed.
Section 5. All costs aad expenses incurred in the
proceeding under the last preceding section, incud
ing copies of maps and pats and recording of the
same shall be taxed as costs against the county in
which such proceedings are had.
Section 6. Whenever it shall appear that the rec.
ords any part thereof Of any county in this state
have been destroyed by fire or otherwise, that
connected chain OF title cannot be deduced thsreom
copies, duly certified by the proper officers, of ali
deeds. patents certificates, pats and legal subdvis
ofand in such county in the custody control
auy officer OF this state of the United States,
may abe recorded in the register of deeds Office Of
such county, and the record made shall have the
same force and effect the record OF the originals OF
such ins ruments
~ may charge and receive fee for recording any
instrument under the provisions OF this act, and the
certificate of such recording nve cents for each hun
dfed words or fractions thereof, and no more aud
any regis of deeds who shall charge greater fee
than the foregoing, or who shall refuse to record
sacn Instruments 10 writing, aoIesa,a lor inc Zee
office, and subject to all the Penalties provided by law
for such offense.
Section s. Whenever the record of any county in
this state shall have been injured lost or destroyed
fire, shall duty of the judge of the circuit
court in which such county is situated, and OF the
comfy judge of such county, to examine into the
state of the records of such county, and in case they
find any abstracts, COPIES, minutes or extracts from
said records existing after such distractions as aore-
and HuAt hat tho oh, mi limit
or extracts fairly made before such destruction
OF the records by any person or persons in the or
binary course by business, and that they contain
material and substantial part of said records the said
judges shall certify the facts in regard to such abb
stract of titles found by them and II they are of
the opinion abstracts, COPIES minutes, and
extracts tend to show a connected chain of title
the land in said county they shall ME such certIf-
cate finding opinion with the clerk OF the circuit
court of such county; and thereupon said abstracts.
copies, minutes and certified copies there
OF shall bo admissabl evidence in all the courts OF
this state asprima facie evidence, And II shall be
the duty of the owner owners, or keeper OF such
abstracts to furnish all parties requesting IL upon
being paid the charges herein provided FOR, certified
copies OF the same parts thereof Ana IN all cases
in which any abstracts copies, minutes ana extracts,
or copies thereof which admissible in evidence
under any of he provisions of this act SNAIL be re-
ctived in evidence under this act all deeds or other
instruments of wri ting, appearing thereby TO have
been executed by any person persons, or in which
they appear to have joined shall Except as against
any persons the actual possession of the
lands or lots described therein at the time of the
destruction of the records ofsuch county, Claiming
title and except also as against infants and
persons of unsoun mind, be presumed to have been
duly witnessed, executed and acknowledged accord
ing to law; and all sales under powers OF attorney,
judgment decree and legal proceedings shall be
sumed to be legal and correct except as agaost the
person or persons in this section before mentioned
and any person alleging any defect or irreguarty in
any such conveyance acknowledgment, sale, Jndg
ment decree legal proceeding shall be held bound
to prove same provided that nothing in this act
contained shall impair the effect Of said destroyed
records as notice.
Section 9. In case of such destruction of records
aforesa i'd any and all courts in such county hav
ing equity jurisdiction shall haye power to inquire
upon due notice to the parties interested into the
condition of any title interest in any land In sHch
county, and to make all such orders. judgments and
DEGREES may be necessary determine and estab-
lish such title interest legal or equitable against
all persons known unknown, and all liens exist.
ing such land neither by statute, mort
gage deed of trnst otherwise.
Section 10. IL shall be lawful for any person claim
ing title to any lands in such county at the time of
the destruction of such records and for All eisimns
under any such person, to file summo ms and com
plant in any such court in such county having equity