The Superior times. [volume] (Superior, Wis.) 1870-1912, 1881-05-14

/
! property is situated
Section q This act shall take effect and he in force
| from and after its passage and publication
Approved March 81, 1881.
Published April IL, 1891
CHA PIER 2s6.
AN ACT to limit the lien of debts upon the real ce
tate of deceased persons and to provide for nal NO
record for the descent thereof.
The people of the state of Wisconsin, representa- in
senate and assembly, do enact as follows.
Section 1. No debt or claim against any deceased
person which was not lien upon the real estate Of
such decedent before his death shall be lien upon
or valid claim against any such real estate in this
state for the payment of which such real estate
be sold by executor administrator after three
years from the death of such decedent or when suct
debt or claim shall become due and payable subse-
qucnt to the death of said dccedent, then such debt
or claim shall cease to be lien on such real estate
after three years from the time they shall become
/ due and payable excepting in the following cases:
FIRST, when such claim is created charged upon
such real estate by provision in a WILL Second
when letters testaInentary upon the WILL or of ad-
minstaon of the estate of such decedent have been
dy issued IN thus state within such three years and
such claim is duly presented to the county court or
| commissioners appointed by the court from which
such letters issued, Third, when DELAY sSu-
| ing such letters is caused by any appeal from the
county court which suspends the proceedings there
IN, the time OF such delay shall not be counted any
part of said three years.
Section 2. When any person shalI die interstate
seized of an estate inheritance i'll any lands this
state and leaving no personal property in this state
winch would be proper assets i'll the hands of adj
/ minlstrator for the payment of debts after six
months from the death of such dccedent and in any
case IN which administration shall not have been
granted in this state after three years from the death
OF such deccdent any heir grantee of any heirs of
such decedent entitled to any interest such lands
may apply to the county court of the county III which
such decedent last resident if such decedent
! was not an lnhabltant of this state to the county
court Of any county in which such lands or some part
thereof are situated to determine the descent of such
] lands
Dfraction 3. Snch application shall be Icy verified
| Pal which shall show as particularly as known
or ca with due diligence ascertained: First, the
time and place of the death, and last place of resi-
dencc of such decedcnt, and the other facts which
authorize the proceeding according the provisions
| of the last preceding section Second, the names
| residences and relationship to the decedent of ali
the heirs and their grantees entitled to any interest
in said lands, stating who if they are minors
der legal disabilities, and the and residences
! of their guardians, if any, in this state. Third,
| description of such lands.
| Section 4. The court shall by order fix time and
| place of hearing such petition at a term of such
court not less than six weeks from the date Of such
order and cause notice thereof to be given by publ
cation at least three successive weeks as provided in
section four thousand and forty-fvc Of the revised
statutes by personal service of such notice all
OF said heirs and guardians residing in this state at
least twenty days before such hearing and by mail
ing copies of such petition and notice TO all said heirs
residing out Of this state whose residence is known
or can with due diligence he ascerained at least six
weeks before said hearing; but such personal no.
/ tee or mailing shall be required to any person of
full age who shall by writing endorsed such petit
ton, or copy thereof attested by witness and
Il
! or notary public, or signed in open court before
! the county judge, consent that such petition be
! granted.
Section s. At or before the time fixed for bearing
! any person interested may appear and answer such
petition and set up any proper defense to the
or any part thereof or intervene to assert and pro
tect any interest he may have. IF shall appear that
any person interested has not been duly notified nor
appeared, the hearing may be continued TO give the
| proper notice. Before any testimony is taken d
guardian ad jtem shall be appointed and appear for
any minor interested, for whom no general guardian
| appears.
Section G. Any question as to advancement in real
estate alleged to have been made by such decedent to
any heir, mayb heard and determined 10y the county
court as upon the assignment OF the residue of set
tied estate After hearing the evidence, if it shall
appear to the satisfaction of the court who all the
heirs of such decedent and what are the respective
rights and interests of the parties in the title Of
such decedcnt IN such lands, the court shall, by its
| judgment, find and determine the same and in such
judgment shall name the persons entitled to inter-
ests therein and the part to which each shall be
/ titled
Section Z. A duly certified copy of such Judgment
may be recorded III the Office of the register of deeds
| of any county in which any such lands are situated
and such Judgment or the record thereof shall be
presmptive evidence Of the facts found and deter
mined therein in all courts and places, and concu-
slve evidence against the persons notified or Conrcnt
ing rs aforesaid, or appearing in such proceedings
! and those claiming under them.
Section g. This act shall take effect and be i'll force
! from and after its passage and publication.
/ Approved April ], 1881.
Published April 8, 1881
/ CHAPTER PSI.
! AN ACT to amend section Thousand, two hun
dred and ffty-two Of the revised statutes relating
| ''to the collection of poll taxes"
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
Section l. Section one thousand two hundred and
fftytwo Of the revised statutes ie hereby amended
by adding to said section at the end thereof the
/ same now reads, the following provisions: And in
case any person shall become liable TO pay his poll
tax in money aud shall neglect refuse to pay the
same after due demand therefor hereinbefore
provided for the period Of ten days, and the oveser
of highways shall be unable to find goods and chat
tells of such person sufficient to make the amount
| thereof by distress and sale as hereinbefOrc pro-
Ylded, such oYerseer may in the name of the town
sue for and collect such tax with fifty per centum
aana5es on te salne win costs OF SUIT before any
! justice OF the peace in said town, and the first
process in such actions shall be civil warrant but
before any such warrant shall be issued the oyelseer
OF highways of the road district in which such poll
tax shall be due shall make and file with the Justice
an affidavit substantially in the following form:
State OF Wisconsin, - county-ss;
! -, overseer of highways of road district num-
! Der -, of the town of --, in said county, being
duly sworn on oath, says that -- was assessed by
the supervisors Of said town to pay poll tax for the
year IS i'll said road district of , and that his
name appears upon the list of highway taxes assessed
10y said supervisors for said year, person liable
to pay poll tax in said road district; that such list
with the warrant required by law thereto annexed
| was delivered to this afliant the day of
! -, IS; that said poll tax has become payable
| IN money; that demand of payment of said poll tax
was duly made of the said - by this afliant on
the -- day of --, 19-, and that more than ten
days have since elapsed but that the said -- has
neglected Tor refused the case may be) to pay the
said poll tax and that this aant is unable to find
goods and chatteis of the said - sufficient to
make the amount thereof by distress and sale, pro
vdcd by law, and therefore prays that warrant may
| be issued and the said - arrested and dealt with
according to law.
Subscribed and sworn to before me this - day
| of -. IS -,
And i'll default of payment of the Judgment in such
action, execution shall issue against the body of the
| defendant Ms in cases of tort
Section Q This act shall take effect and be in force
from and after Its passage and publication.
| Approved March 81, 1881.
Published April II, 1881
CHAPTER 324
| AN ACT relating to evidence from bank books.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
Section /. Whenever any evidence shall be re-
! quircd in any court Of this state, from the book
entries of any bank banker doing business at the
time of such requirement, it shall be competent to
produce verified copies of such entries, which shall
he received i'll all legal proceedings prima facie
| evidence of such book, entry, entries and bank
err or bank officer shall not be compelled to produce
the original book, attend witness thereto I'M
less especially ordered by the court officer before
| whom the trial is had.
Section .. To warrant receiving such copy as pro-
vided in the foregoing section, there must be a-
dayit the testimony OF officer of the bank stat
ing that the book is of the ordinary books
bank, used in the transaction of its business that
the entry is was originally made at the time of its
date, and in the usual course of its business; that
there interneatons erasures; that the book
is i'll its custody and CONTROL and that the copy has
been compared with the book and is correct copy Of
the same; and book shall be open to the nspec-
ton of any interested party.
Section }. ANY person who shall make false Aft
dayit give false testimony under the provisions OF
this act shall be deemed guilty Of the oense of per-
! jury, and ON conviction thereof shall be punished
therefor in the manner provided by law.
Section 4. This act shall take effect and be in
! force from and after its passage and publication.
Approved April 2, 1881.
Published April 8, 1871