SEC. 4. All lands sold for taxes may be redeemed from Lands may be such sale in the manner provided by existing laws at any redeemed." time before the deed is executed, approved and acknowledged, as provided by this act, by paying to the clerk of the board of supervisors the amount of the certificate of sale, and all subsequent taxes paid by the holder of such certificate, with the interest; and if such redemption is sought to be made, after suit is brought to foreclose the tax lien on any land so sought to be redeemed, the same shall be made by paying the amount thereof, together with all interest and costs of suit, to the clerk of the court. SEC. 5. Any person or party interested in the orders May appeal to and decrees of the court made under this act, may appeal Supreme therefrom to the supreme court as in other cases. Court. SEC. 6. The owner of any land, or person interested therein, the tax lien upon which has been foreclosed, in pursuance of the provisions of this act, may file at any time within one year after such foreclosure, in the proper court, his petition under oath, stating that the taxes assesed upon such land for the year which was the basis of such foreclosure, were actually paid, or if sold for such taxes, that the land was redeemed from such sale as provided by law, or that such land was not subject to taxation for such year, and also that he had no personal notice of the suit for such foreclosure, and thereupon the court shall open such decree of foreslosure, and award a hearing upon the facts alledged only, and if upon such hearing the facts alledged shall be found to be true, the court shall set aside When decree the decree of foreclosure, and order the deed to the pur-get aside. chaser to be cancelled, and enter up a decree cancelling the same, and that the land conveyed by such deed, be discharged from such tax lien, which was the basis of such deed, and shall also by decree, award costs to the defendant of foreclosure or defendants. Any minor owning or having any inter- Minors to have terest in land sold for taxes, which shall be foreclosed un-right of der this act, at any time before arriving at full age, and redemption. one year thereafter, may on petition, have a hearing of such forclosure upon the merits of the cause, and may have the right of redemption at any time before the second final decree of foreclosure; and idiots, insane persons, and married women, shall have the same right to a rehearing in such cases as minors, at any time within five years after the final decree of foreclosure shall be entered up: Provided, That in no case, shall any decree of fore- Proviso. closure be set aside under this section, unless the taxes Bill to be supported by oath. Who made parties. actually, and in good faith paid by the complainant in such foreclosure suit, and also the amount paid by the purchaser at the sale under such foreclosure, or by any person claiming under him, with interest thereon from the date of payment, at the rate of twenty-five per cent. per annum, are paid or tendered, to the person or persons claiming under such foreclosure sale, unless the same taxes have also been paid by the person seeking to set aside such foreclosure, or those under whom he claims. SEC. 7. In bills to foreclose under this act, it shall not be necessary to a valid decree, that the names of the owners are correctly set forth, if the premises are described with reasonable certainty. The bill shall be supported by the oath of the complainant, or of some person having a knowledge of the facts alledged; it shall set forth the names of the persons interested if known, and if unknown, that the complainant on diligent inquiry, could not ascertain those facts, and it shall only be necessary further to state, except a is otherwise provided by this act, the amount of lien claimed on each tract of land as the same was sold, and that the complainant prays the sale of the premises to satisfy such lien." SEC. 8. Any person interested in the premises described in any bill of foreclosure, filed under the provisions of this act, and not named therein as a defendant, shall be made a party defendant in such suit, at any time before a decree shall be entered for the sale of the premises, on making and filing an affidavit in said court, setting forth that he is interested in said premises; and no defendant in any foreclosure suit instituted under the provisions of this act, shall be allowed to set up by his plea, answer, or otherwise, any other defence or defences, to the complainant's bill except the following, viz: 1. That the premises described in the complainant's bill, or some part thereof, were not subject to taxation at the time the tax or taxes were levied, for the non-payment of which the same were sold. 2. That the tax or taxes for the non-payment of which the said premises were sold, were in fact paid before such sale. 3. That the said premises were redeemed as provided by law, previous to the filing of said bill of foreclosure. SEC. 9. In case a party holding any certificate of sale, shall pay the taxes subsequently assessed, and wish to avail himself of the provisions of this act, as to the re demption for said subsequent taxes, he shall file with the clerk of the board of supervisors of the county in which the land lies, a copy of the receipt for such taxes, and it shall be the duty of the clerk to enter said amount in his book of record of tax sales. SEC. 10. Section ninety-five, one hundred and seven, one hundred and nine, and one hundred, of chapter fifteen of the revised statutes, so far as relates to land sold for taxes, after the passage of this act, and the certificates upon such sales, and all parts of any law of this state which conflicts with the provisions of this act, are hereby repealed. Approved, March 31, 1853. An Act to authorize the Secretary of State to audit certain accounts. The people of the State of Wisconsin, represented in Chap. 53. Senate and Assembly, do enact as follows: audited. SECTION 1. The secretary of state or deputy secretary Publishers acof state, is hereby authorized and required to audit the counts to be accounts of the several newspaper publishers of this state, for newspapers furnished the legislature during the present session, and to settle such accounts, allowing said publishers for three months papers, at the advertised rates of such papers per year. SEC. 2. Such accounts shall be verified to the secre- Verified by tary, by oath of such publishers, that the papers were fur- oath. nished during the session, accompanied by a statement of the yearly terms of such papers. SEC. 3. The secretary of state, or deputy secretary of state, is authorized to draw warrants on the state treasurer, in favor of the respective publishers for the amounts found due them, and there is hereby appropriated out of any monies in the state treasury not otherwise appropriated, a sum sufficient to meet said drafts. Approved, April 2, 1853. An Act to provide for the contingent expenses of the State of Wisconsin, Chap. 59. for the year one thousand eight hundred and fifty-three. The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: SECTION 1. The sum of five thousand dollars is hereby appropriated to Leonard J. Farwell, governor of this Appropriation state, out of any money in the treasury not otherwise apfor contingent propriated, for the purpose of defraying the contingent expenses. expenses of the state, for the year one thousand eight hun dred and fifty-three, which sum shall be drawn from time to time, as may be required. And the governor shall communicate to the legislature at its next session, a detailed account of such expenses for the year 1853, and the amount expended of this appropriation. Approved, April 2, 1853. Chap. 60. An Act to cede the jurisdiction of the State of Wisconsin over certain lands Land ceded the U. S. for purposes. to the United States. The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: SECTION 1. That the jurisdiction of the state of Wislight-house consin, over five acres or less of land which may be selected by an officer of the United States government, for light house purposes; to be located at or near the northern outlet of lake Winnebago, near Menasha, in the county of Winnebago, and state of Wisconsin, be and the same is hereby ceded to the United States, for the purpose of maintaining a light house on the same: Provided, That this act shall in no manner take away or interfere with the jurisdiction of this state for the purpose of serving or executing any legal process. Proviso. SEC. 2. This act shall take effect from and after its passage. Approved, April 2, 1853. Chap. 61. Clerks of cir ty courts not An Act in relation to Clerks of Circuit Courts and for other purposes. The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: SECTION 1. No person acting as clerk of any circuit or cuit and coun- county court in this state, shall be allowed to practice as to practice as attorney or solicitor, in the court in which he is acting as attorneys in clerk. their own counties. SEC. 2. No practising attorney shall be allowed to hold his office in the office of the clerk of any court in which he is a practicing attorney. Approved, April 2, 1853. An Act to provide for the purchase of Stationery for the next Legislature. Chap. 62. SECTION 1. James Halpin, is hereby authorized to pur chase all stationery necessary for the use of the next legislature. SEC. 2. There is hereby appropriated out of any money Appropriation in the treasury not otherwise appropriated, the sum of two to purchase thousand dollars, as a contingent fund, for the purchase of stationery. such stationery. SEC. 3. The said James Halpin is hereby required to Required to make out an accurate account of the disposition of such give bond. fund, to the proper committee of the next legislature, and he is also required to give a bond in the sum of three thousand dollars, to the state treasurer, with sureties, which bond shall be approved by the governor, for the faithful expenditure of the said sum of two thousand dollars, or so much thereof as may be necessary for the purposes mentioned in the first and second sections of this act: Provided, That before drawing any of said Proviso. sum of two thousand dollars, the said James Halpin shall make and execute such bond to the state treasurer, with two or more sufficient sureties, to be approved by the governor: And provided also, That the purchase of stationery made by the said James Halpin, shall be by contract, and said contract shall be let to the lowest bidder, in accordance with section 25, of article 4, of the constitution of this state. Approved, April 2, 1853. An Act to provide for the compensation of Members of the Legislature. Chap. 63. The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: SECTION 1. Each member of the senate and assembly, Per diem of of this state, shall be entitled to receive two dollars members of legislature. and fifty cents, for every day's attendance during the session of the legisture, and ten cents for every mile he shall travel, in going to and returning from the place of the meeting of the legislature, on the most usual route. SEC. 2 The speaker of the assembly, shall be entitled Of Speaker. to receive for every day's attendance during the session of the assembly, two dollars and fifty cents in addition to his per diam as a member of the assembly. And president |