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CHAPTER 4.

[Published January 30, 1868.] ,

AN ACT to amend chapter one hundred and twenty-five of the re

vised statutes, entitled “ of pleadings in civil actions."

The people of the state of Wisconsin, represented in senate

and assembly, do enact as follows : SECTION 1. Section eleven of chapter one hundred Chap. 5, R. S

amended. and twenty-five of the revised statūtes, entitled "of pleadings in civil actions,” is hereby amended by adding thereto the following:

3. When the plaintiff is a non-resident of this state, Non-resident such counter claim may arise out of any cause of action plead counter

plaintiff may whatever existing at the time of the commencement of Claim. the action and arising within this state: provided, that no claim assigned to the defendant shall be pleaded as a counter claim in any action to which this subdivision is applicable.

SECTION 2. This act shall apply to all cases now Application of pending, and any such counter claim shall be held

ad- act. missible and valid in whatever court the action may be pending; or the answer shall be amended to plead the same, on application by such defendant in any court.

SECTION 3. That act shall take effect from and after its passage and publication.

Approved January 30, 1868.

CHAPTER 5.

[Published February 4, 1868.)

AN ACT to amend section one of chapter 60 of the revised statutes,

being an act entitled "of bills of exchange and promissory notes."
The people of the state of Wisconsin, represented in sen-

ate and assembly, do enact as follows:
SECTION 1. Section one of chapter sixty of the re- Sec. 1, chap. 60,

R. S. vised statutes, shall read as follows: All notes in writ

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GENERAL LAWS.-CH. 6.

ing, made and signed by any person or for any corpor: ation, and all certificates of the deposit of money issued by any person or corporation, whereby he or it shall promise to pay to any person or order, or unto the the bearer any sum of money, as therein mentioned, shall be due and payable as therein expressed, and shall have the same effect and shall be negotiable in like manner as inland bills of exchange, according to the custom of merchants.

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

Approved January 30, 1868.

CHAPTER 6.

[Published February 4, 1868.1

AN ACT to amend section 1 of chapter 133 of the general laws of

1855, entitled "an act relating to the terms of the circuit court of the fifth judicial circuit, and amendatory of chapter 15 of the general laws of 1865."

See. 1, chap.138, laws of 1865, amended.

The people of the state of Wisconsin, represented in senate

and assembly, do enact as follows :

SECTION 1. Section one of chapter 133 of the gen. eral laws of 1865, entitled "an act relating to the terms of the circuit court of the fifth judicial circuit, and amendatory of chapter 15 of the general laws of 1865," is hereby amended so as to read as follows: "Hereafter the general and special terms of the circuit court of the fifth judicial circuit shall be held as follows: In the county of Grant on the first Monday in March and second Monday in September of each year; in the county of Iowa on the fourth Monday in March and first Monday of October of each year; in the county of La Fayette on the fourth Monday in April and the first Monday in December; in the county of Bichland on the second Monday in April and the fourth Monday in October, and in the county of Crawford on the first Monday in June and the second Monday in November of each year as aforesaid : provided, that at any term of the circuit court in either of said counties, motions and demurrers pertaining to actions or proceedings pending in the circuit court of any other of said counties may be noticed for argument, heard and determined, and the judgment and orders thereon shall be entered in the records of the proper court as of the term preceding their entry."

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

Approved January 30, 1868.

CHAPTER 7.

[Published February 8, 1868

AN ACT to provide for the payment of the salary of the members

of the legislature.

the

The people of the state of Wisconsin, represented in senate

and assembly, do enact as follows :

SECTION 1. Each member of the senate and assem- Annual salary bly of this state shall be entitled to receive the sum of and mileage of three hundred and fifty dollars annually, and ten cents legislature. per mile for the distance he shall have to travel in going to and returning from the place of the meeting, of the legislature, on the most usual route: provided, that neither party claiming a contested seat in the senate or the assembly shall be entitled to receive any salary or mileage until the question of the right to such seat has been settled. SECTION 2. It shall be the duty of the presiding Presiding opti

to officers of the senate and assembly respectively to issue, each member. immediately after the commencement of the annual session of the legislature in each year, to each member of the house over which they respectively preside, who is entitled to receive the same, a certificate, countersigned by the chief clerk, showing that such member has taken the prescribed official oath, and also showing the number of miles traveled by such member in reaching the place of the meeting of the legislature, and upon presentation of such certificate to the secretary of state,

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GENERAL LAWS.CH. 8.

Secretary of state to issue warrant.

Appropriation.

he shall issue his warrant for the amount of mileage and the annual salary to which such member is entitled, directed to the state treasurer, whose duty it shall be to pay the same on presentation.

SECTION 3. There is hereby annually appropriated a sum of money sufficient to pay the salary and mileage of members of the legislature as provided in this act.

SECTION 4. This act shall take effect and be in force from and after its

passage. Approved February 8, 1868.

CHAPTER 8.

[Published February 10, 1868.]

AN ACT relating to the fees of registers of deeds for recording

marriage certificates.

Fees for registering marriages.

The people of the state of Wisconsin, represented in senate

and assembly, do enact as follows:

SECTION 1. The register of deeds of any county in this state shall receive the sum of twenty-five cents for registering any marriage pursuant to law; which shall be paid him on demand by the treasurer of the county in which such registry is made, in lieu of the fee of ten cents heretofore authorized to be paid for such service: provided, that such register shall have complied with the provisions of chapter 110 of the revised statutes, entitled “of the registration of marriages, birth and deaths."

SECTION 2. All acts and parts of acts contravening the provisions of this act are hereby repealed.

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

Approved February 7, 1868.

Proviso.

CHAPTER 9.

[Published February 10, 1868.]

AN ACT relating to the release of dower and homestead interest

in real estate, of insane persons, and amendatory of section one of chapter 90 of the revised statutes, entitled “of the release of dower of insane persons.

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The people of the state of Wisconsin, represented in senate

and assembly, do enact as follows:

SECTION 1. Section one of chapter 90 of the revised Amended. statutes, entitled "of the release of dower of insane persons," is hereby amended so as to read as follows: Section 1. Whenever any married man shall represent to the judge of the circuit court of the county in which such married man resides, that his wife is insane, and that he is the owner of real estate in which his wife has a dower or homestead interest, and that it would be for his interest to mortgage, convey or otherwise dispose of any or all of said real estate, said judge

Circuit judge may, in his discretion, after due notice and a full ex. may appoint

special guardiamination, if he shall adjudge said woman to be insane, an of insane and that it is necessary and for the pecuniary advan: person, tage of said insane person, appoint a special guardian of such insane woman for the purposes hereinafter mentioned, and no other. The word judge as used in this act shall not be construed to extend to or confer any powers upon court commissioners.

SECTION 2. All acts or parts of acts contravening this act, are hereby repealed.

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

Approved February 8, 1868.

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