Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

Repealing clause.

nizance. Such recognizance shall immediately after its execution be filed in the office of the clerk of the circuit court and docketed upon the docket of judgments therein, in the same manner judgments are required to be docketed in such office. The said recognizance from the time the same is executed before such judge shall bind and be a charge upon the lands and tenements, real estate and chattels real of the parties executing such recognizance, whether owned by them jointly or either of them sever ally, and wherever the same may be situated in this state, until such recognizance shall be fully paid and satisfied or otherwise discharged by due course of law.

SEC. 3. This act shall take effect and be in force from and after its publication, and all acts and parts of acts conflicting with the provisions of this act are hereby repealed.

Approved March 31, 1856.

University fund appro

priated.

CHAPTER 78.

Published June 24.

An Act to appropriate the income of the University Fund for the year 1856

The people of the State of Wisconsin, represented in Senate and Assembly do enact as follows:

SECTION 1. The income of the University fund for the year A. D. 1856, is hereby appropriated to the University of Wisconsin, to be drawn from the state treasury in such manner as the board of regents, by their by-laws or resolution, shall direct, reserving however, a sufficient amount thereof to pay any accruing interest that is now or may fall due during the year, on loans to the University from the School or University fund.

SEC. 2. This act shall take effect and be in force from and after its passage.

Approved March 31, 1856.

CHAPTER 79.

Published July 11.

An Act to appropriate one thousand dollars annually to the State Historical
Society.

The people of the State of Wisconsin, represented in
Senate and Assembly, do enact as follows:

SECTION 1. There is hereby annually appropriated out Appropriation of the state treasury, to the State Historical Society, com- to state histormencing with the present fiscal year, the sum of five hun-ical society. dred dollars in addition to that amount appropriated by the act approved February twenty first, eighteen hundred and fifty four, to aid the society in collecting book, maps, charts and papers of every kind, and other materials illustrative of the history and progress of Wisconsin in particular, and the west in general; to procure from the early pioneers narrations of their exploits, perils and hardy adventures; to secure facts and statements relative to the history, genius, progress or decay of our Indian tribes; to exhibit faithfully the antiquities and the past and present resources and condition of Wisconsin; also to aid in binding the books, newspapers, pamphlets, documents and manuscript collections of the society and (and) in defraying other necessary incidental expenses: Provided, That Proviso. the executive committee of the society shall keep a correct account of the manner of expenditure of the said sum of money hereby appropriated, as well as that appropriated by the act approved February twenty first, eighteen hundred and fifty four, and place the same, together with the Vouchers thereof with the governor of the state, in the month of January in each year, and publish the treasurers report, properly audited, in the transactions of the society.

retary.

SEC. 2. The further sum of five hundred dollars annu. To corresally is hereby appropriated, out of the state treasury, as ponding secan addition to the salary of the corresponding secretary of the State Historical Society provided in the act approved March 31st, eighteen hundred and fifty five, to commence with the present fiscal year, and be paid in the same manner as the salaries of the state officers.

SEC. 3. This act shall take effect from and after its passage.

Approved March 31, 1856.

Counties at

CHAPTER 80.

Published June 25.

An Act to attach the County of Kewaunee to the Fourth Judicial Circuit, and to the County of Manitowoc, for Judicial purposes.

The people of the State of Wisconsin, represented in Se nate and Assembly, do enact as follows:

SECTION 1. The connty of Kewaunee is hereby detached tached for ju- from the tenth judicial circuit, and attached to and made dicial purposes a part of the fourth judicial circuit of the state of Wis consin.

Proceedings commenced.

When to take affect.

SEC. 2. The said county of Kewaunee is hereby attached to the county of Manitowoc for judicial purposes.

SEC. 3. No proceedings commenced and pending in any of the courts of Brown county under existing laws, shall be affected by this act; but the same may be proceeded in to consum nation and final judgmeat in the courts where the same are now pending.

SEC. 4. This act shall take effect from and after the first day of June next and its publication, and the secretary of state shall forth with transmit a copy of the sume, duly certified, to each of the clerks of the circuit courts for the counties of Brown and Manitowoc. Approved March 31, 1856.

Goncerning

CHAPTER 81.

Published, in Extra, April 16.

An Act making Clerks of the Circuit Court Clerks of the County Courts' for certain purposes.

The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

SECTION 1. The clerk of each of the circuit courts in clerks of courts this state, shall be the clerk of the county court, for the

purpose of certifying to copies and transcripts of all the records and files of said county court, to be used in any other state, agreeably to the act of congress of May 26, 1790; and in making such certificate he shall use the seal of said county court, and sign himself" clerk of the county court," and shall also have authority in such capacity to authenticate acknowledgements of all instruments taken by the judge of said county, and for such services the clerk shall receive the fee allowed by law for similar services. SEO. 2. This act shall be in force from and after its passage.

Approved March 31, 1856.

CHAPTER 82.

Published June 18.

An Act to provide for the annual compensation of the State Treasurer, as depository of the Banking Securities.

The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

to state treas

SECTION 1. The state treasurer shall receive a salary of Additional six hundred dollars per annum, for his extra services for compensation risk incurred in guarding and for the safe keeping of the urer. state, school and university funds, and the banking securities entrusted to his care, to be paid out of the state treasury in the same manner as other state officers are paid. Approved March 31, 1856.

CHAPTER 83.

Published June 11.

An Act in relation to the writ of Scire Facias.

The people of the State of Wisconsin, represented in Senate und Assembly, do enact as follows:

SECTION 1. Whenever an execution shall not have been Proceedings issued within the time allowed by law, after the recovery scire facias.

under writ of

To revive! judgments.

To revive, &c.

Proviso.

Proviso.

Writs-how

sued.

of any judgment, in any court of record within this state, the plaintiff, in any such judgment, may sue out a writ of scire facias to be issued out of the same court, by which the sheriff shall be commanded to summon the party against whom it issued, to appear before such court, at a certain day, to show if he have anything to say, why such plaintiff ought not to have execution of such judgment; and if, after being duly summoned, he do not come at the day, or do come and say nothing why execution ought not to be had, an execution shall thereupon issue according to the force, form and effect of the said recovery.

SEC. 2. Writs of scire facias shall also be issued in the cases not otherwise provided by law, to revive a judgment against the personal representatives of any deceased defendants, or in favor of the personal representatives of any deceased plaintiff; or where the situation of either party is changed by marriage; or to continue a suit by or against the representatives of either party, who shall have died in the progress thereof. But such writs, against the personal representatives of any party, shall be issued within one year after the cause for issuing the same shall arise.

SEC. 3. Writs of scire facias may also be issued out of the circuit court, for any county, to revive a judgment recovered in the county court of the same county, in the cases and for the purposes provided in the preceding sections of this act: Provided, That writs of scire facias to revive any judgment, or recovery docketed before this act takes effect, shall be brought within ten years there. after; and such writs, when brought to revive any judg ment or recovery, docketed after this act takes effect, shall be brought within ten years after the time of docketing thereof; And provided further, That nothing in this act contained, shall be construed so as to conflict with any statute of this state now in force in relation to the revival of judgments or suits or proceedings; but all such sta tutes are continued in force, and proceedings may be had or taken, in pursuance therewith, with like effect as if this act had not been passed.

SEC. 4. Writs of scire facias may be issued at any time and when is in term time or vacation; shall be tested, signed and sealed as other writs and process issuing out of courts of record; shall describe the judgment, or suit or proceeding to be revived thereby; may be directed to and served by the sheriff of any county in this state, where the person or

« ΠροηγούμενηΣυνέχεια »