Gambar halaman
PDF
ePub

No. 109, A.]

[Published March 11, 1901.

CHAPTER 38.

AN ACT prescribing the duty of notaries public.

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

Expiration of commission to be endorsed on acknowledgment. SECTION 1. All certificates of acknowledgments of deeds and other conveyances, or any written instrument required or authorized by law to be acknowledged before any notary public, within the state of Wisconsin, shall be attested by a clear impression of the official seal of said officer, and in addition thereto shall be written or stamped the day, month and year, when the commission of said notary public will expire.

SECTION

Facts in certificate then, to be presumptive evidence. 2. The official certificate of any notary public, when attested and completed in the manner provided by section 1 of this act, shall be presumptive evidence in all cases, and in all courts of the state of Wisconsin, of the facts therein stated, in cases where by law a notary public is authorized to certify such facts.

Conflicting laws repealed. SECTION 3. SECTION 3. All acts, or parts of acts, conflicting in any manner with the provisions of this act, are hereby repealed.

Secretary of state to notify notaries. SECTION 4. It shall be the duty of the secretary of state, within thirty days after the passage and publication of this act, to mail to each notary public in this state, a copy thereof.

Act effective, Aug. 1st, 1901. SECTION 5. This act shall take effect and be in force, on August 1, A. D. 1901, after its passage and publication.

Approved March 9, 1901.

No. 8, A.]

[Published March 11, 1901.

CHAPTER 39.

AN ACT to limit and restrict actions involving the validity of, and proceedings by villages to incorporate under chapter 40, of the Wisconsin statutes.

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

Validity of incorporation may be tested by certiorari; action when to be brought, SECTION 1. In any case whether occurring heretofore or hereafter, where any village shall have attempted to incorporated under and pursuant to the provisions of chapter 40, of the Wisconsin statutes, and such village and its officers, shall have assumed thereafter in good faith to act under, and to exercise the powers conferred by, the provisions of law upon villages organized under said chapter 40, any question of the validity of such incorporation and proceedings therefor may be tested by certiorari, or by any other proper action or proceedings brought directly for the purpose of vacating or setting aside the same, at any time within three months after such incorporation, but not thereafter; provided that as to all such cases occurring prior to the taking effect of this act, such direct action and proceeding may be commenced within three months after the passage and publication of this act, but not thereafter. No such incorporation, nor any proceeding for such incorporation, shall be in any manner called in question, or held to be invalid in any action or proceeding, except one brought directly for that purpose, within the time hereinbefore limited therefor, unless the same shall have been duly vacated or set aside by a court of competent jurisdiction. The provisions of this act shall in no manner affect pending actions.

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

Approved March 8, 1901.

No. 110, S.]

[Published March 11, 1901.

CHAPTER 40.

AN ACT to authorize district boards to borrow money.

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

Purposes for which loan may be made. SECTION 1. Any school district may, by vote, at any annual, or lawfully called special meeting, authorize the district board to borrow money for a period not exceeding six months, for the purpose of paying teachers' wages and usual school expenses, not exceeding the amount of district taxes voted for such purposes at such meeting, to be collected with the next levy.

Board to deliver order to lender; interest. SECTION 2. Any district board, after being so authorized, may borrow such money of any person for not exceeding six months, and deliver to the lender thereof an order on the district treasurer for the amount so borrowed, payable on or before six months after date thereof, and drawing interest from date thereof not exceeding seven per cent. per annum.

SECTION 3. This act shall take effect and be in force from and after its passage and publication. Approved March 9, 1901.

No. 49, S.]

[Published March 11, 1901.

CHAPTER 41.

AN ACT to amend the negotiable instruments law of 1899.

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

When foreign bill to be protested; drawer and endorser, when discharged; duty of notary. SECTION 1. Section 1681-9 of said law is hereby amended by adding at the end thereof the

[ocr errors]

provisions of section 176 of the statutes of 1898, repealed by chapter 356 of the laws of 1899, so that said section 1681-9 when so amended shall read as follows: Section 1681-9. Where a foreign bill appearing on its face to be such is dishonored by non-acceptance, it must be duly protested for non-acceptance, and where such a bill which has not previously been dishonored by non-acceptance is dishonored by non-payment, it must be duly protested for non-payment. If it is not so protested, the drawer and indorsers are discharged. Where a bill does not appear on its face to be a foreign bill, protest thereof in case of dishonor is unnecessary. Every notary public, when any bill of exchange or promissory note shall be by him protested for non-acceptance or non-payment, shall give notice thereof in writing to the drawer, maker and each indorser of such bill of exchange or promissory note; he shall also thereupon make a certificate under his hand and official seal, setting forth the presentment, demand, refusal and protest thereof for non-acceptance or nonpayment, the contents of the notice given, and the time and manner of service thereof, specifying the postoffice and reputed place of residence of each person notified by mail; he shall also thereupon make and keep a record of such certificate and of the description of the instrument protested; and such certificate or such record, or a certified copy thereof, shall be presumptive evidence of the facts therein stated. The want of such certificate or record, or both, shall not invalidate any such protest or notice, but the same may be proved by any other competent evidence.

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

Approved March 9, 1901.

No. 139, S.]

[Published March 11, 1901.

CHAPTER 42.

AN ACT to amend section 2001-16 of Wisconsin statutes 1898 relating to incorporation of churches.

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

Articles to be recorded in office of register of deeds. SECTION 1. Section 2001-16 of the revised statutes of 1898 is hereby amended by inserting after the word "and," in the sixth line of

said section, the following: "recorded in the office," so that said section when amended shall read as follows: Section 2001-16. Whenever any of said congregations have complied with the foregoing provisions, the articles of incorporation thereof shall be made out accordingly, be signed by the president and secretary in the presence of two witnesses, who shall sign their names thereto, and acknowledged before some notary public or other person authorized by law thereto and filed in the office of the secretary of state, and recorded in the office of the register of deeds in the county or counties where such corporation may own real estate.

SECTION 2. This act shall take effect and be in force from and after its passage and publication. Approved March 9, 1901.

No. 70, S.]

[Published March 12, 1901.

CHAPTER 43.

AN ACT to amend sections 1379-13, 1379-18, 1379-19, 1379-21, 1379-24, 1379-31, of the revised statutes for 1898, relating to drainage districts.

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

Hearing when had; duty of court as to petition; deeds not made in good faith; findings; appointment of commissioners. SECTION 1. Section 1379-13 of the revised statutes of 1898 is hereby amended by adding after the word petitioners, in the twenty-sixth line of said section, the following: "and judgment shall be entered against said petitioners for the amount of said costs." So that said section when amended, shall read as follows: Section 1379-13. The circuit court in which such petition shall be filed may grant a hearing thereon at any general or special term, and adjourn the hearing from time to time or continue the case for want of sufficient notice or for other good cause. At the hearing on any such petition all parties through or upon whose lands any of the proposed work may be constructed or whose lands may be damaged or benefited thereby

« SebelumnyaLanjutkan »