Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1881-04-13
Published March Is. 1881
On DTEP &c

Judgment in justices courts"
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows;
Section 1. Section three thousand seven hundred
and hfty-six of the revised statutes is hereby
amended SO as to read follows: Section 1855.
If the appellant desires stay of execution of the
Judgment except in actions of replevin, written
undertaking must be executed on the part OF the
appellant by one more sufficient suretles, to be
approved by the judge of the appellate court or by
the justice, to the effect that if the appeal shall be
dismissed, or if Judgment be rendered against the
appellant, and execution on the judgment be re-
turned unsatised in whole in part, the sureties
will pay the amount unsatisfed.
Section q Section three thousand seven hundred
and sixty of the revised statutes is hereby amended
to read follows: Section $3.50. If the party
making such affidavit shall perfect his appeal within
the time required by law, and the successful party
shall not have given the undertaking required by the
preceding section, within the time herein pre-
scribed, the appellant may, within five days after
the expiration of the time for taking the appeal,
cause undertaking to be executed upon his part
with one or more sufficient sureties, and filed with
the justice TO the effect that if the Judgment ap
pealed from be affirmed i'll the appellate court, as to
part of said property ordered to be delivered TO
the opposite party, or if the appeal shall be dis
missed, he shall return such property, or as much
thereof shall be adjudgcd to be returned and pay
all costs and damages awarded against him in the
action, and abide any other order Judgment of the
appellate court, and upon the filing of such under
taking the justice shall enter order in his docket
requiring the officer who has the custody of such
property to deliver the to the appellant, who
upon being served with copy of such order, shall
deliver the same accordingly. The filing Of such
undertaking with the Justice shall stay the issue Of
execution on the Judgment for costs and damages;
Or if it has been issued, then service of copy of
such undertaking, certified by the court below, upon
the officer holding the execution, shall stay further
proceedings thereon.
Section 8. Section three thousand seven hundred
and sixty-one of the revised statutes is hereby
amended SO as to read follows: Section 3,76. If
the appellant shall have filed his affidavit required
by section three thousand seven hundred and fifty
nine of these statutes, and have perfected his ap-
lvyith ihod bx1 andy1a
party shall have made and filed undertaking
above required within the time prescribed, then
such property shall remain in the custody of the
of1cer who seized the same, pending the appeal,
subject at all times to the order of the appellate
court. In all cases where the appellant shall not
have made and filed the undertaking prescribed in
the preceding Section the appellantm stay the
ecution as to damages and costs, by giving the un-
dertaking required in section three thousand seven
hundred and ffty-six, at any time within five
days after the expiration of the time for taking the
appeal.
Section L. This act shall take effect and be in
force from and after its passage and publication.
Approved March II, 1881.
Published March %, 1881
CHAPTER 1S6.
AN ACT to provide for the service OF process on
guardians in the cases therein specified.
The people of the state Of Wiscontn represented in
senate and assembly, do enact as follows:
Section 1. Whenever the judge OF any county
court in this state shall deem it necessary to reQtuiS
the appearance before such court of any guardian
appointed therein, citation to such guardian SO to
appear at a time certain may be served by puoIca-
ton upon obtaining order therefor in the follow
ing cases: l. When such guardian has absconded
from this state, keeps himself concealed therein
80 as to avoid the personal service of citSton. =
When such guardian is nonresident CT this state,
or has absented himself therefrom for period OF one
year.
Section q The order for such publication shall be
made by the judge of such county court. The appE~
cation therefor shall be based upon petition, duly
verified and filed, stating for requiring APP
pearance of such guardian in said court and affi-
CHI
sona service of citation within this state cannot be
made, and also the postoffice address of such
guardian, or that the affiant is unable, after due
diligence, to ascertain it. The order shall direct
that service of the citation be made by publication In
a newspaper, TO be designated most likely to give
notice to the person to served for such length OF
time as shall be deemed reasonable not less than
once week for six weeks and that, on or before the
day of the first publication, there be deposited, IN
speclhed postothce copy OF the citation togethes
with copy of the petition upon which such order OF
publication was made, security enclosed in an en-
velope, the postage duly paid, addressed to such
guardian at his postofice to be therein named or
shall direct that such deposit may be omitted be-
cause the postoce address of such guardian cannot
be ascertained. After the making of such order
personal service of such citation and petition without
the state shall have the same effect completed pub
Hcation and mailing.
Section 8. Upon due proof of compliance with said
order and at the time fixed said ctat ion, said
county court shall proceed consider such petition
and take such proof and grant such relief thereun-
der as shall be just and any order, judgment or de-
shall be binding upon such guardian, and shall be
prima facie evidence in all courts Of this state of all
facts therein recitcd.
Section This act shall take effect and be in force
from and after its passage and publication.
Approved March Il, 1881
Published March IL, 1881
CHAPTER SO.
AN ACT fixing the terms Of court in the Fourth judi
cial circuit.
The people of the state of Wisconsin represented in
senate and assembly, do enact as follows:
L.
for the Fourth judicial district shall be held fC
lows In the county of Sheboygan on the third Mon
day in April and the fourth Monday in September.
In the county of Manitowoc, on Tuesday after the
second Monday in January, and Tuesday after the
first Monday in June. In the county of Kewaunee,
on the first Monday in May and the third Monday in
October. In the county of Fond du Lac, on Tuesday
after the first Monday in March, and Tuesday after
the second Monday in November.
Section 2 Every general term in the counties of
Fond du Lac, Sheboygan and Manitowoc shall be a
special term for the whole judicial circuit at which
any and all business may be done arising or pending
in any county of said circuit, which might be done
at general term for the county in which such bust
ness arises or is pei ding except the trial of issues Of
fact by jury.
Section 8. In the county of Fond du Lac special
terms for the whole circuit shall be held Tuesday
after the third Monday in February, and Tuesday
after the first Monday in july at which special terms
any and all business may be done arising or pending
in any county of said circuit, which might be done
at general term for the county in which such bust
ness arises or is pending, not requiring the nterven
Section 4. For the year 1881, only, the March gen.
eral term of the county of Fond du shall be held
on the first Monday of March.
Section s. All acts parts of acts inconsistent with
this act are hereby repealed.
Section e. This act shall take effect and be in force
from and after its passage and publication.
Approved March IL, 1881.
Published March Is, 1851
CHAPTER rs.
AN ACT to amend chapter one hundred and ninety,
OF the general laws of 1872 entitled act relating
10 the division of towns and amendatory of section
six hundred and seventy-one, Of the revised stat
|. utes of 1878.
The people of the state OF Wisconsin, represented in
senate and assembly do enact as follows:
Section /. Section one, of chapter one hundred
and ninety of the laws of 1879 entitled An act
laing to the division of towns, and amendatory of
section six hundred and seventy-one, of the revised
statutes of 1872 is hereby amended by adding at
the end of said section one, the following to:wit:
protded hOpeoer, that the provisions of this section
shall not apply to the formation of new town from
territory taken from two more towns to detach
ing territory from town and annexing the same
to another upon petition of onethrd of the freehold
resident within the territory to be detached
case each such town after division contains
OF not less than thirysix sections aforesaid, and
real estate valued at the last preceding assessment
at thirty thousand dollars more, and twenty five
qualified voters resident therein at the time Of
division.
Section 2. This act shall take effect and be in force