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CHAPTER 196.

[Published March 26, 1874.]

AN ACT to prescribe the mode of issuing commissions to take the evidence of non-residents.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

writing.

Service thereof.

SECTION 1. In any civil action or proceedings, the Interrogatories evidence of any witness or party therein who is a non- to be made in resident of the state of Wisconsin, may be taken by commission, the party desiring to take such evidence after an issue of fact has been found thereon, or the time to plead, answer or demur has expired, shall make such interrogatories as he may desire to have asked and propounded to such witness or party, stating in the caption thereof, or elsewhere therein, the name of such witness or party, his place of residence, and also the name of a commissioner to execute such commission, and his place of residence, and if the opposite party has appeared therein, he shall serve a copy of such interrogations upon such party, if he has appeared by attorney, the same shall be served upon the attor ney, not the party; in ten days after such service, such party may serve in like manner, cross-interrogatories, and in which cross-interrogatories in like manner, he may also name a person to act as commissioner and his place of residence, and he shall be a resident of the same county of which the commissioner named in the direct interrogatories is resident. The time of serving Time of service such cross-interrogatories may be extended from time to time by stipulation, or by the judge of the court in which such action is pending, or by any court commissioner of and in the county in which such action is pending.

SECTION 2. The commissioner named in the direct Notice to witinterrogatories shall fix the time and place for execut- nesses. ing such commission, and which, if there are two commissioners, shall be at some place in the county in which such commissioners reside, unless the commissioners stipulate to execute the same elsewhere, and he shall give the commissioner named in cross-interrogatories, if they reside in the same place, one day's notice; if he does not, then in addition, one day's notice for every thirty miles such commissioner may reside from the place fixed for executing such commission; if notice is given by mail, then double time shall be given; if

Commission may be created.

ces.

both parties appear at the execution of such commis sion, no notice or proof of notice shall be required The commissioner named in the direct interrogatories shall have the charge of returning such commission after the same is executed.

SECTION 3. The party desiring to take the evidence of such witness or party, may cause a commission to be issued out of the proper court, after cross interrog atories have been served, or the time to serve same has elapsed wherein shall be named and designated a commissioner or commissioners, the person or persons so named in such direct and cross interrogatories, and such direct and cross-interrogatories shall be attached to such commission, and the same shall be executed according to law, and the rules and practice of the

court.

SECTION 4. Each party shall pay the fees of the commissioner by him named, and his lawful fees shall be taxed like other disbursements in the action.

SECTION 5. This act shall take effect and be in full force from and after its passage and publication. Approved March 10, 1874.

CHAPTER 197.

[Published March 23, 1874.]

AN ACT to amend section eight of chapter three hundred and eighty-seven of private and local laws of 1870, entitled "an act to amend chapter 268 of the general laws of 1865, entitled an act to codify' consolidate and amend the act to incorporate the city of Appleton, and the several acts amendatory thereof,'" approved March 31, 1865.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1. Section eight of the chapter of which this is amendatory shall be amended so as to read as follows: Section two of the chapter of which this is amendatory is hereby amended so as to read as follows: Section 2. The common council shall annually levy upon the taxable property of said city, to defray the current expenses of said city, as follows: For the purposes levied support of the poor, a tax not exceeding one thousand dollars; for ward purposes, a tax not exceeding one-half of one per cent. upon all the taxable property of such ward, and for all other purposes except for principal

Taxes, for what

and interest on city bonds, which have been or may
hereafter be issued, a tax not exceeding twelve thous- Amount.
and dollars upon all the taxable property of said city;
provided, that nothing herein contained shall be con-
strued as to lessen or interfere with any ward or city
tax elsewhere authorized to be levied and collected by
the provisions of this act, when such tax has been duly
authorized by a vote of the people of a ward or the
city; and provided, further, that this section shall not
be construed as to conflict with any general law of this
state, authorizing the levy and collection of taxes.

SECTION 2. This act shall take effect and be in force
force from after its passage and publication.
Approved March 10, 1874.

CHAPTER 198.

[Published March 23, 1874.]

AN ACT to authorize the laying out of a state road from the village of Ashland via Penoka Gap to the Montreal river, the boundary line between this state and the state of Michigan.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

line of road,

etc.

SECTION 1. S. S. Vaughn, Chas. H. Pratt and An- Commissioners toine Perinier, are hereby appointed commissioners to lay out and establish a state road commencing in the village of Ashland, in Ashland county, and running in a southeasterly direction to Penoka Gap, and from thence east to the Montreal river, in town forty-four or fortyfive, range two or three east to the boundary line of the state of Michigan.

of commission

SECTION 2. Any two of said commissioners may Compensation proceed to lay out and establish said road, and upon ers, how paid. the performance of said service, shall receive compensation therefor, to be paid out of the county treasury of the county of Ashland. Whenever the county board shall have audited the accounts presented by said commissioners, which they are hereby directed to do, whenever proper evidence is presented to the said board that such road has been properly surveyed and laid out as contemplated by section one of this act: provided, that said commissioners shall not charge a per diem to exceed three dollars and fifty cents per day for such services: and provided further, that com

pensation shall not be received for a length of time exceeding twenty days.

SECTION 3. This act shall take effect and be in force from and after its passage and publication. Approved March 10, 1874.

CHAPTER 199.

[Published March 21, 1874.]

Company may select site of bridge.

AN ACT to authorize the Milwaukee and St. Paul Railway Company to erect a bridge across the Mississippi river, and to ratify the location of said bridge as made.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1. The Milwaukee and St. Paul Railway Company, a corporation created and existing under the laws of the state of Wisconsin, its successors and as signs, are hereby authorized and empowered to build and construct a railway bridge at and from the point in La Crosse county, heretofore selected by said company, and where said bridge is now partially constructed, across the Mississippi river to the point on the west side of the river, in the county of Houston and state of Minnesota, selected by said company for the western end of said bridge. The said bridge shall be so Construction of constructed, with a proper and suitable draw or draws, with spans each side of said draw or draws not less than two hundred and fifty feet each, for the safe passage of rafts, so as not to unnecessarily impede or incommode the navigation of said river, and the location of said bridge, as heretofore made by said company, is hereby ratified and confirmed: provided, that guide booms shall be constructed on each side of the draw or draws for the safe passage of boats and rafts through said bridge.

bridge.

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

Approved March 10, 1874.

CHAPTER 200.

[Published March 21, 1874.]

AN ACT to change the time for holding terms of the circuit court in Portage county.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1. The general terms of the circuit court Terms of court. for Portage county shall hereafter be held as follows: On the first Monday of March and the last Monday of August in each year.

SECTION 2. All acts and parts of acts heretofore passed, fixing the time for holding terms of said court in Portage county at any other time than herein contained are hereby repealed.

SECTION 3. This act shall take effect and be in force from and after the first day of April, A. D. 1874. Approved March 10, 1874.

CHAPTER 201.

[Published March 24, 1874.]

AN ACT to provide for the laying out of a state road from To. mah, in Monroe county, to the old military stage road running from New Lisbon to Sparta.

The people of the state Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1. George Runkel, William Z. Baker and Names of comThomas McCaul, are hereby appointed commissioners missioners. to lay out and establish a state road from the south end of Superior avenue, in the village of Tomah, in Monroe county, thence running in an easterly direction to the north line of section seven, town seventeen, range one east, thence running in a southeasterly direction to intersect the old military stage road running from New Lisbon to Sparta through the counties of Juneau and

Monroe.

of commission.

ers.

SECTION 2. Said commissioners shall receive for Compensation laying out said road such compensation for their services, from the counties through which said road shall pass, as the supervisors of said counties shall deem

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