CHAPTER 39.

[Published February 27, 1869.]

AN ACT to repeal chapter 158 of the general laws of 1868, entitled "an act to amend chapter 45 of the revised statutes, entitled of marks and brands and filing chattel mortgages," and to restore sections 3, 4, 5, 6, 7 and 8 of chapter 45 of the revised statutes.

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

SECTION 1. Chapter 158 of the general laws of Repealed. 1868, entitled "an act to amend chapter 45 of the revised statutes, entitled of marks and brands and filing chattel mortgages," approved March 6th, 1868, is hereby repealed.

SECTION 2. Sections 3, 4, 5, 6, 7 and 8 of said Restored. chapter 45 are hereby restored, re-enacted and declared to be of full force and effect, as said sections existed prior to the passage of said chapter 158.

SECTION 3. This act shall take effect and be in force from and after its passage and publication. Approved February 25, 1869.

CHAPTER 40.

[Published March 2, 1869.]

AN ACT to declare the effect of certain conveyances as evidence.

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

ferees' deeds

SECTION 1. All deeds purporting to convey real sheriffs and re estate or any interest therein, which are duly executed, declared evi acknowledged and recorded in the office of the register dence. of deeds of the county in which the lands described therein are situate, and purporting to be made and executed by any sheriff, deputy sheriff, referee or other

Certified copies of same to be evidence. /

To apply to deeds heretofore executed.

person in pursuance and by virtue of any judgment, order or decree of any court of record of this state, or in pursuance of any sale made under and in pursuance of any judgment, execution or order or decree of any court of record of this state, shall be received in evidence in all courts and judicial proceedings in this state without any proof of the judgment, execution, order or decree of the court, and in pursuance of which they purport to have been made, or of the sale upon which they purport to be founded. And all such deeds are hereby declared to be prima facie evidence in all courts and in all proceedings, that the title of the person or persons against whom the judgment was rendered, and by virtue of which the sale and deed purport to have been made, or of the person or persons whose real estate is directed to be sold by virtue of the order of the court under which the sale and deed purport to have been made, in the lands and real estate described in such deeds, passed to and vested in the grantee or grantees in such deeds.

SECTION 2. Duly certified copies of the records of the deeds and conveyances mentioned in the foregoing section, shall be received in evidence, and have the same force and effect as evidence, as is given to the original deed or record thereof, by virtue of the provisions of the foregoing section of this act.

SECTION 3. The provisions of this act shall apply to deeds and conveyances heretofore executed and recorded, as well as to those hereafter executed and recorded.

SECTION 4.

This act shall take effect and be in force from and after its passage and publication. Approved February 25, 1869.

CHAPTER 41.

[Published February 27, 1869.]

AN ACT to legalize jury lists in Wood county.

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

SECTION 1. The list or lists of names selected by the Legalized. county board of supervisors of Wood county on the 31st day of December, 1868, from which to draw jurors in and for said county for the year 1869, are hereby declared to be a legal jury list or lists for said county, and all persons drawn as jurors from said list or lists, or either of them, in the year 1869, shall be legal jurors and required to serve as such, precisely as if such list or lists had been made in conformity with the law relating to jury lists and jurors in force on the thirtyfirst day of December 1868.

SECTION 2. This act shall take effect and be in force from and after its passage. Approved February 25, 1869.

CHAPTER 42.

[Published February 27, 1869.]

AN ACT to amend section 2 of chapter 170 of the general laws of 1867, entitled “an act to facilitate the recovery of judgments."

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

SECTION 1. Section 2 of chapter 170 of the general Repealed. laws of 1867, entitled "an act to facilitate the recovery

of judgments" is hereby repealed.

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

Approved February 26, 1869.

CHAPTER 43.

[Published March 1, 1869.]

Supervisors may fix salary.

AN ACT to authorize the board of supervisors of the county of Milwaukee to fix the salary of the circuit judge of the second judicial circuit.

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

SECTION 1. The board of supervisors of the county of Milwaukee are hereby authorized to fix the salary of the circuit judge of the second judicial circuit, at a sum not exceeding four thousand dollars per annum: provided, the excess of said salary over and above the sum of twenty-five hundred dollars per annum should be paid by the county of Milwaukee.

SECTION 2. This act shall take effect from and after its passage and publication. Approved February 27, 1869.

CHAPTER 44.

[Published March 5, 1869.]

How testimony

of non-residents

AN ACT to authorize the taking of depositions in certain cases.

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

SECTION 1. When the testimony of any person may be taken. shall be necessary in any civil cause pending in any court of record in this state, and such person shall not be a resident of this state or shall live at a greater distance from the place of trial than one hundred miles, or is about to go out of this state before the time of trial, or is old or very infirm, the deposition of such person may be taken, de benne esse, before any justice or judge of any of the courts of the United

States, justice or judge of any court of record of a state, mayor or chief magistrate of a city, or before any court commissioner, notary public or justice of the peace of any state or territory in any of the United States, not being of council or attorney to either of the parties, or interested in the event of the cause: provided, that a notification from the magistrate or officer before whom the deposition is to be taken, or from the attorney of the party in whose behalf such deposition is to be taken, to the adverse party to be present at the taking of the same, and to put interrogatories if he think fit, be first made out and served on the adverse party or his attorney, as either may be nearest, if either is within one hundred miles of the place of such caption, allowing time for their attendance after notified, not less than at the rate of one day, Sundays exclusive, for every twenty miles travel. And every person deposing as aforesaid, shall be carefully examined and cautioned, and sworn or affirmed to testify the whole truth, and shall subscribe the testimony by him or her given, after the same shall be reduced to writing, which shall be done only by the magistrate or persons taking the deposition, or by the deponent in his presence. And the deposition so taken shall be retained by such magistrate until he deliver the same with his own hand, into the court for which they are taken, or shall, together with a certificate of the reasons as aforesaid, of their being taken and of the notice if any, given to the adverse party, be by him, the said magistrate or person, sealed up and directed to such court, and remain under his seal until opened in court by order of the presiding judge; and any deposition thus taken may be used and read in any trial of the cause in which the same was taken.

SECTION 2. This act shall take effect and be in force from and after its passage and publication. Approved March 3, 1869.