Gambar halaman
PDF
ePub

in addition to the requirements of section 3875 state the amount of the charges of administration.

When court may order mortgaging or sale of real property. SECTION 2. Section 3881 of the statutes of 1898 is hereby amended by adding at the end thereof a new subdivision to be known as subdivision four and to read as follows:

"4. That the personal estate of the deceased is insufficient for the payment of the charge of administration."

So that when amended said section shall read as follows: Section 3881. The court shall make no order for the mortgaging, leasing or sale of the real property of the deceased until upon examination it shall appear to said court:

1. That the executor or administrator making such application has fully complied with the preceding provisions of this chapter;

2. That the debts for the purpose of satisfying which the application is made are justly due and owing;

3. That the personal estate of the deceased is insufficient for the payment of such debts;

4. That the personal estate of the deceased is insufficient for the payment of the charges of administration.

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

Approved March 30, 1901.

No. 189, S.]

[Published April 3, 1901.

CHAPTER 113.

AN ACT amending chapter 194 of the laws of Wisconsin for 1899 relating to the search and seizure and the unlawful sale of intoxicating liquors.

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

Complaint for violation of excise law, how made; issue of warrant. SECTION 1. Chapter 194 of the laws of Wisconsin for 1899, is hereby amended by inserting after the figures "1550" as they appear in the eleventh line from the top of page 298, (chapter 194) of the Wisconsin laws for 1899, the following: "or

1565c," so that said chapter 194 of the Wisconsin laws for 1899 when so amended shall read as follows: Section 1551 of the statutes for 1898, is hereby amended so as to read as follows: Section 1551. Upon complaint made to any justice of the peace, by any person that he knows or has good reason to believe, that an offense against any law of this state, relating to excise or the sale of intoxicating liquors, or any violation thereof has been committed, he shall examine the complaint on oath, and he shall reduce such complaint to writing, and cause the same to be subscribed by the person complaining. If it shall appear to such justice that there is reasonable cause to believe that such offense has been committed, he shall immediately issue his warrant, reciting therein the substance of such complaint and requiring the officer to whom such warrant shall be directed, forthwith to arrest the accused and bring him before such justice, to be dealt with according to law; and in the same warrant may require the officer to summon such persons as shall be named therein, to appear at the trial to give evidence. Or upon complaint made to any justice of the peace, by any person that he knows or has good reason to believe that an offense under section 1550 or 1565c statutes for 1898, has been committed by any person on any particular premises or place, he shall examine such complainant on oath, reduce his complaint to writing, describing therein as particularly as may be, the premises on which the of fense complained of was committed, and cause the same to be subscribed by the person complaining. If it appear to such justice that there is probable cause to believe that there has been such offense committed on said premises, he shall immediately issue his warrant, reciting therein the substance of the complaint, and containing a description of the premises described therein, and requiring the officer to whom it shall be directed forthwith to search such premises and seize any liquors on said premises which he believes are intoxicating, and to arrest the accused and bring him before such justice, to be dealt with according to law, and to produce, to be used in evidence on the examination and trial of the accused, the liquors so seized, or such portion thereof as the court or district attorney may direct. The officer executing such warrant shall state in his return, as particularly as may be, the kinds and quantities of liquors seized and keep the same in his custody, until said action is finally determined.

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

Approved March 30, 1901.

No. 209, S.]

[Published April 3, 1901.

CHAPTER 114.

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

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

When sureties deem themselves insecure on bond; hearing for discharge. SECTION 1. Amend section 4816a by striking out the words, "imprisonment in the state prison, shall, for any cause," where they occur in the third and fourth lines of said seetion, and by inserting in lieu thereof the following: "any law of this state," so that said section when so amended shall read as follows: Section 4816a. Whenever the sureties upon any bond or undertaking given by or on behalf of any person charged with an offense punishable by any law of this state, deem themselves insecure and desire to surrender their principal and be discharged from the obligations of such bond or undertaking, they may arrest and take into custody such principal wherever he may be found within this state and convey and deliver him into the custody of the officer having charge of the jail, prison or other place of confinement to which he shall have been committed, or in case he shall not have been so committed he may be surrendered into the custody of the officer who shall have had the custody of his person at the time he was admitted to bail. Such sureties shall also at the time of surrendering the principal deliver to the officer into whose custody he may be surrendered a certified copy of the original commitment, if any shall have been made, of the order admitting the principal to bail and of the bond or undertaking thereon, and the delivery of such copies to such officer shall be sufficient authority for him to receive and detain in custody the person of such principal until he shall be otherwise bailed or discharged therefrom by due course of law. Whenever such surrender shall be made to an officer not having the custody of the jail, prison or other place of confinement in which such principal is to be detained in custody it shall be the duty of such officer to forthwith convey such principal to the place of confinement used by the county in which the offense charged against him is triable, and he shall be received and detained therein as though he had been originally committed there. Upon such surrender and delivery of the principal into the

proper place of confinement the sureties may apply to the judge or justice having juri diction to try the offense charged against the principal, in vacation or otherwise, for an order discharging them from further liability as sureties; and, upon satisfactory proof being made that the provisions of this section have been complied with, such judge or justice may make an order so discharging them from all liability upon their bond or undertaking. SECTION 2. This act shall take effect and be in force from and after its passage and publication.

Approved March 30, 1901.

No. 210, S.]

[Published April 3, 1901.

CHAPTER 115.

AN ACT to amend chapter 44, laws of 1897, entitled "an act to amend chapter 63, of the laws of the state of Wisconsin for the year 1895, entitled, "an act to create a municipal court for the County of Oneida."

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

Jurisdiction of judge; criminal jurisdiction; rules of practice; court commissioner's powers granted. SECTION 1. Section 1 of chapter 44 of the general laws of 1897 entitled "an act to amend chapter 63, of the laws of the state of Wisconsin for the year 1895, entitled 'an act to create a municipal court for the county of Oneida,'" is hereby amended so that said section when so amended shall read as follows: Section 1. The municipal judge of the county of Oneida shall have cognizance of, and jurisdiction to hear, try and determine all actions and proceedings at law, wherein the amount of debt, damages, demand, penalty or forfeiture shall not exceed the sum of five hundred dollars, actions to recover the possession of personal property, with damages for the unlawful taking or detention thereof, wherein the value of the property claimed shall not exceed the sum of five hundred dollars. Said municipal judge shall have and exercise within said county the criminal jurisdiction of justices of the peace in the state of Wisconsin, and the justices of the peace of the city of Rhinelander, in said Oneida county, shall not have or exercise

any criminal jurisdiction whatever. Said judge shall further have all the jurisdiction, authority, powers and rights, given by law to justices of the peace, and shall be subject to the same prohibitions and penalties as justices of the peace. The proceedings and practice of said court shall, in all respects be governed as far as practicable, by the laws relating to justices' courts of this state, and transcripts of the judgments of the municipal court may be filed and docketed with the clerk of the circuit court for said county, with the same effect as transcripts of judgments rendered by justices of the peace of said county may be, and appeals, civil and criminal, from said court, may be taken in the same manner and with like effect as are provided by law from courts of jus tices of the peace. Nothing herein contained shall be construed to give said municipal judge cognizance of any actions mentioned in subdivisions 1, 2 and 3, of section 3573, of chapter 154, of the revised statutes. The municipal judge of Onieda county shall have and may exercise in his county, all the powers and perform all the duties of a court commissioner, as defined in section 2434, of the revised statutes; and every authority granted to, or limitation of the powers of a court commissioner by the laws of Wisconsin, shall be construed to extend to the said municipal judge, acting in such capacity, except when otherwise expressly provided. The official designation of said officer, in matters wherein he shall so act, shall be municipal judge of Oneida county.

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

Approved March 30, 1901.

No. 253, S.]

[Published April 3, 1901.

CHAPTER 116.

'AN ACT to amend chapter one of the laws of the territory of Wisconsin for 1847, entitled "An act to incorporate Lawrence Institute of Wisconsin and acts amendatory thereto.

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

Names of incorporators; design and purpose of corporation. SECTION 1. Chapter 1 of the general laws of the territory of

« SebelumnyaLanjutkan »