No. 487, A.]

[Published April 2, 1901.

CHAPTER 100.

AN ACT to amend section 2878 of the Wisconsin statutes of 1898, relating to motion for new trial on minutes of judge.

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

Sec

Motion not granted during term, deemed to be overruled. SECTION 1. Section 2878 of the Wisconsin statutes of 1898 is hereby amended by adding at the end thereof the following: "If such motion be made but not decided during such term, it shall be taken as overruled, and an exception to such constructive denial of the same shall be allowed in the bill of exceptions;" so that said section when amended shall read as follows: tion 2878. The judge before whom the issue is tried may, in his discretion, entertain a motion to be made on his minutes, to set aside a verdict and grant a new trial upon exceptions or because the verdict is contrary to law or contrary to evidence, or for excessive or inadequate damages; but such motion if heard upon the minutes can only be heard at the same term at which the trial is had. When such motion is heard and decided upon the minutes of the judge and an appeal is taken from the decision, a bill of exceptions must be settled in the usual form, upon which the argument of the appeal must be had. If such motion be made, but not decided during such term, it shall be taken as overruled, and an exception to such constructive denial of the same shall be allowed in the bill of exceptions.

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

Approved March 30, 1901.

No. 529, A.]

[Published April 2, 1901.

CHAPTER 101.

AN ACT to amend section 2625 of the Wisconsin statutes of 1898, relating to change of place of trial of civil actions.

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

Affidavit for change of venue to contain what; judge called in; notice from. SECTION 1. Section 2625 of the Wisconsin statutes of 1898 is hereby amended so as to read as follows: Section 2625. The court shall change the place of trial of any action or special proceeding upon the application of any party thereto, who shall file his affidavit, that he has good reasons to, and does believe, that he cannot have a fair trial of such action or proceeding on account of the prejudice of the judge, naming him, or in lieu of granting such application, such judge may in his discretion retain such action or preceeding in the same court without entering an order changing the place of trial until the last day of the then current term, if the application is made at a term at which the action is triable or the next term if it is made in vacation; and in the meantime shall call upon some other circuit judge or judges to attend and hold court during such current or next term for the purpose of exercising jurisdiction in all actions and proceedings in which applications for change of the place of trial have been made for such reason. And while so in attendance, said judge may make all orders and hear all applications and motions that may be brought on for hearing during the time, he shall so attend. If such other judge or judges (as may be necessary or convenient) can so attend and hold court for such purpose, at either such terms, the same shall be done with the same effect as if a change of venue to another circuit and a trial of such action or proceeding had been had therein; but if no such judge shall so attend, an order for a change of the place of trial shall be entered in each action. and proceeding, wherein proper application has been made on the last day of such term, and thereupon such change shall be made. If such application shall be made after any continuance in the action or proceeding obtained by the party filing such affidavit, it shall be granted only upon payment of the costs of making the same and the costs of the term, but no costs for the attendance of witnesses shall be included if notice of the

application, with a copy of such affidavit, shall have been served upon the opposite party ten days before the commencement of the term. But one change of the place of trial shall be granted to the same side under the provisions of this section. When any judge shall be called in pursuant to this section and shall attend, he shall give to the clerk of the court five days notice of the time when he will so attend, and such clerk shall give to the attorneys of record of all the parties to the actions and proceedings in which application for a change of the place of trial have been made, immediate notice of the time when such judge will so attend.

SECTION 2. This act shall take effect and be in force, from and after its passage and publication. Approved March 30, 1901.

No. 534, A.]

[Published April 2, 1901.

CHAPTER 102.

AN ACT to amend section 2261 of the Wisconsin statutes of 1898, relating to the recording of plats.

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

When owner of platted land dies before certifying to plat. SECTION 1. Section 2261 of the Wisconsin statutes of 1898 is hereby amended by adding to the end thereof the following: "provide however that if the owner of the land so platted and certified by the surveyor shall have died without having legally certified and acknowledged said plat so as to entitle it to be recorded, but shall have sold and conveyed lots therein describing them as lots within said plat, and the streets upon said plat if any there be thereon, shall have been opened pursuant to said plat for public use, and worked by public authority with the consent of said owner, such facts may be proven by the affidavit of the owner of any lot within said plat endorsed upon the back of said plat, and thereupon the said plat and the endorsements thereon shall be entitled to record in the same man

ner and with like effect as if properly certified and acknowledged

by said owner.

SECTION 2. This act shall take effect and be in force, from and after its passage and publication. Approved March 30, 1901.

No. 445, A:]

[Published April 2, 1901.

CHAPTER 103.

AN ACT to provide for the terms of court in the seventeenth judicial circuit of the state of Wisconsin, and to amend chapter 62 of the laws of Wisconsin for 1899.

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

Date of terms. SECTION 1. Chapter 62 of the laws of Wisconsin for 1899 is hereby amended so as to read as follows: Seventeenth circuit. In the county of Jackson, on the first Monday in March and on the second Monday in October; in the county of Eau Claire, on the third Monday in March and September; in the county of Clark, on the third Monday in April and on the second Monday in November. There shall also be held in the county of Eau Claire, on the second Monday in June, a special term for said circuit but no jury shall be drawn for said term.

Conflicting laws repealed. SECTION 2. All acts and parts of acts, conflicting with this act are hereby repealed.

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

Approved March 30, 1901.

No. 342, A.]

[Published April 2, 1901.

CHAPTER 104.

AN ACT to amend section 4816 of the Wisconsin statutes of 1898, relating to surrendering of principal by sureties.

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

When personal recognizance may be entered. SECTION 1. Section 4816 of the Wisconsin statutes of 1898, is hereby amended by inserting after the word "which," where it occurs in the eighth line of said section the following words: "in the case of a witness;" and further amended by inserting after the word "bond" where it occurs at the end of the ninth line in said section, the following words: "and which in the case of a person accused of crime shall be applied by the magistrate or court before whom the accused is tried, in satisfaction of so much of the judgment as is required by the payment of money, rendering the surplus money, if any there be, to the person depositing the same;" so that said section when so amended shall read as follows: Section 4816. In all cases where a recognizance or bail bond with sureties is required by the court or other magistrate, of any person for his appearance to answer any criminal charge or as a witness, the person so required to enter into the same with sureties, may, in lieu of such sureties, enter into his own personal recognizance or bond without sureties, upon depositing with the court the amount thereof in money, which on the forfeiture of such recognizance or bond, shall be paid into the county treasury in discharge thereof, but which in the case of a witness, shall be refunded to the person depositing the same, upon his appearance according to the terms of such recognizance or bond; and which in the case of a person accused of crime, shall be applied by the magistrate or court before whom the accused is tried, in satisfaction of so much of the judgment as is required by the payment of money, rendering the surplus money, if any there be, to the person depositing the same; and if such money is deposited with a justice of the peace or other magistrate, it shall be paid over with the return of such recognizance, to the clerk of the court to which he is bound to appear.

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

Approved March 30, 1901.