Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1891-06-04
80. I'd. 81
Published May 4 1891
III PTER 9fO


AN ACT TO ament sections 1882. 1888. 1894 and
1898 Of the Revised Statutes. relating 10 en-
The people Of The state OF Wisconsin represent
ed in senate and assembly, do enact as fol-
Section l. Section 1892 Of the revised statutes
is hereby amended by striking out the word
.splace" where il occurs in the eighth line and
inserting in lieu thereof the words at the Office
OF such justice" so that vixen so amended, said
section shall read as follows: Section 1892. II
the occupant upon whom copy OF such order
shall be served, shall, within thirty day after the
service thereof deny such encFoachment in writ
ing. addressed to the supervisors, and deliver
such denial TO one Of them said supervisors or
some OF them. shall apply 10 some justice of the
peace of the county for precept, which shall be
issued by said justice directed 10 any constable
of the county. commanding him to summon six
disinterested freeholders to meet at certain day
at the office OF such justice and not less than
four days after the issuing thereof. TO inquire
into the premises and the constable, to whom
such precept shall be directed. shall give at least
three days notice to one OF the supervisors of
the town. and TO the occupant of the land Of the
time and place at which such freeholders are 10
Section . Section 1888 of the revised statutes
is hereby amended by adding at the end Of such
section the following: And the Issue raised by
the order of the supervisor and the written de.
NAL OF the occupant Of said land. shall be tried
before such Justice, the same as civil actions in
which the justice of the peace has jurisdiction
to hear, try and determine are tried in justice
court and all the proceedings applicable to such
actions shall apply 10 this preceding. and the
Jury in the discretion of the court. may exam
inc the premises. described in the order in
charge OF officer appointed by the court.
After the case is submitted to such jury the Jury
shall be kept together IN charge of the officer IN
til they agree upon verdict or are discharged
by the court; should the jury fail to agree upon
verdict Of finding, the court may discharge
them and, upon the discharge of such jury. the
Justice ahall issue another precept commanding
the officer to summon another jury for the trial
of said issue, and on, until jury shall render
la vereict and finding,
adding after the word made in the fourth line
thereof the following: ''and return the same to
THE COURT so that when so amended. said sec
tion will read follows Section 1884 If the
Jury find that any such encroacbment has been
made by the occupant of the land or any former
occupant thereof. they shall make and subscribe
certificate in writing of the particulars of such
encrOachment. and by whom made and return
the to the court, which shall be filed in he
Office of the town clerk and the occupant of the
land. whether such 6ncroachment shall have
been made by him or by any former occupant.
shall remove the fence. building or other fixture,
causing such encroachment. within thirty days
after the filing of such certificate under forfeit
ure of fifty cents for each day after the eXpira.
tion OF that time during which such encroach-
ment shall continue.
Section a. Section 1885 is hereby amended by
} inserting the following in the second line there
of, after the word inquiry 1.-THE justice shall
,thereupon tax the costs including the fees OF
jurors constabes' fees witness fees and OK.
pense of the view of the premises and enter a
judgement in his docket in favor of the town,
against the occupant of said land so that sale
section, when so amended, shall read as follows
Section 1895. If the jury finds that any such en-
croachment has been made the occupant shall
pay the cost Of such inquiry; the Justice shall
s thereupon tax the costs, including the fees OF
/ the jurors. constable's fees, witness fees anC
expense of the view of the premises and enter
Judgment in ais docket favor of the town
against the occupant of said lands; and if the
same shall not be paid in ten days, the justice
shall issue an execution foE the collection
thereof, directed IL any constable of the county
commanding him to levy such costs and his fees
IA thereon, Of the goods and Chattles of such de-
Vlinquent, and make return thereof to such jus
ktiee within thirty days from its date and the JUS
ttice, constable, Jurors and witnesses shall be en-
Titled to the same compensation, as for oth9I
flmilar services the proceeding before justice OF
Abe peace.
Section s. This act shall take effect and be in
fdrce from and after its passage and publication
1 approved April %, 1891.