Officer's re fer right of totl, &c. thereon, or who shall agree to take such franchise for the shortest period of time, and to receive during that time all such toll as the said corporation would by law be entitled to demand, shall be considered as the highest bidder. S11. The officer's return on such execution shall transfer to the turn to trans- purchaser all the privileges and immunities which by law belonged to said corporation, so far as relates to the right of demanding toll; and the officer shall immediately after such sale deliver to the purchaser possession of all the toll houses and gates belonging to such corporation, in whatever county the same may be situated; and the purchaser may thereupon demand and receive, to his own use, all the toll which may (be) accrue, within the time limited by the tenor of his purchase, in the same manner, and under the same regulations as such corporation was before authorized to demand and receive the Purchaser of have same corporation. same. $ 12. Any person who may at any time, under the provisions of franchise to this act, purchase the franchise of any turnpike or other corporation, remedy as and the assignee of such person, may recover in an action on the case, any penalties imposed by law for a [an] injury to the franchise, or for any other cause, and which such corporation would have been entitled to recover, during the time limited in the said purchase of the franchise; and during that time the corporation shall not be entitled to prosecute for such penalties. Liabilities of $13. The corporation whose franchise shall have been sold as corporation aforesaid, shall, in all other respects, retain the same powers and be to continue. bound to the discharge of the same duties, and liable to the same penalties and forfeitures as before such sale. franchise sold. Corporation $14. Such corporation may at any time within one year from the may redeem time of such sale, redeem the franchise by paying or tendering to the purchaser thereof the sum that he shall have paid therefor, with twelve per cent interest thereon, but without any allowance for the toll which he may have received; and upon such payment or tender, the said franchise and all the rights and privileges thereof, shall revert and belong to said corporation, as if no such sale had been made. $15. Every act of incorporation which shall be hereafter passed, Acts of in shall at all times be subject to amendment, alteration, or repeal, at subject to al: the pleasure of the legislature: Provided, That no act of incorporation shall be repealed, unless for some violation of its charter or other default, when such charter shall contain an express provision limiting the duration of the same. corporation teration and repeal. try forbid den. AN ACT to prevent forcible entries and detainers. Forcible en § 1. No person or persons shall hereafter make any entry into lands, tenements, or other possessions, but in cases where entry is given by law, and in such cases not with strong hand nor with multitude of people, but only in a peaceable manner; and if any person from henceforth do to the contrary, and thereof be duly convicted, he shall be punished by fine. Restitution $2. Any justice of the peace shall have authority to inquire by a to be made to jury as hereinafter directed, as well against those who make unlawed or unlawful and forcible entry into lands, tenements, or other possessions, and fully held with strong hand detain the same, as against those who having law person oust out. ful and peaceful entry into lands, tenements, and other possessions, unlawfully detain the same; and if it be found upon such inquiry, that an unlawful and forcible entry hath been made, and that the same lands, tenements, and other possessions are held and detained by force and strong hand, or that the same after a lawful entry, are held unlawfully, then such justice shall cause the party complaining to have restitution thereof. Proceedings $3. When any complaint shall be formally made in writing to any justice of the peace of any such unlawful and forcible entry or in the suit. unlawful detainer, he shall issue a summons, directed to the sheriff or any constable of the same county, commanding him to summon the person or persons against whom such complaint shall be made, to appear before the said justice on a day in such summons named, which shall not be less than six nor more than ten days from the day of issuing the said summons, and at the place therein mentioned; and he shall also issue a precept to the sheriff or any of the said constables, commanding him to cause to come before him, twelve discreet men of lawful age, and who shall be qualified to serve as jurors on trial in the district courts of the county, at the same time and place appointed for the trial or hearing of the complaint; and if a sufficient number of persons summoned do not attend, the said justice may order the sheriff or constable to complete the number by returning others forthwith; and the jury empannelled shall be sworn well and truly to try the forcible entry and detainer, or unlawful detainer complained of, and to return a true verdict thereof; and if the jury, after a full hearing, find the person against whom the complaint is made, guilty of the forcible entry and detainer, or the unlawful detainer complained of, they shall all sign their verdict, and. deliver the same to the said justice, who shall thereupon enter judgment for the complainant to have restitution of the premises, and shall impose such fine, not exceeding ten dollars, considering all the circumstances, as he may deem just, and shall tax the costs for the complainant, and may commit the person against whom judgment is so entered, until the fine and costs be paid; and the said justice shall also award a writ of restitution; but if the jury find that the person complained of is not guilty, the complaint in their opinion not being supported, the said justice shall tax the costs against the complainant, and issue execution accordingly. $ 4. If the sheriff or constable cannot find the party against whom b. the summons issued, he may, six days before the time appointed for returning the same, leave a true and attested copy of said summons at the usual place and abode of such person, and he shall make a return of such facts, and that he has left a copy as aforesaid, and when the same was done; and if the party do not appear at the time appointed for hearing the said complaint, the said justice may, in his discretion, adjourn or proceed ex-parte, except that in this case he shall not inflict any fine upon him; and in all such cases he may issue a writ of restitution, and order the costs taxed to be levied of the property of the person found guilty; but in every case where the jury do not find for the complainant, and the party complained against shall not have appeared at the empannelling of the jury, there shall be no costs taxed for the party so failing to attend. The If jury can. not agree, to ged justice may at his discretion adjourn any trial under this act not exceeding six days. 5. And if the jury summoned and empannelled, as aforesaid, be dischar cannot agree upon a verdict, the justice before whom the trial is pending, may discharge the same, if in his opinion they are not likely to agree upon a verdict, and issue a summons returnable forthwith for the purpose of empannelling a new jury. Treble dam. covered. $6. The complainant of any forcible entry or detainer aforesaid, ages to be re- who shall recover against the person complained of as aforesaid, shall also be entitled to recover treble damages, with costs of suit, by an action of trespass against the offender or offenders, to be brought before any justice of the peace, or a court of record for that purpose: Provided always, That nothing in the foregoing part of this act shall be construed to extend to any person or persons who have had the Limitation. quiet, peaceable, and uninterrupted occupation of any lands, tenements, or other possessions, otherwise than by demise or lease, for the period of three whole years next before the entering of such complaint, any thing in this act to the contrary notwithstanding. Action against les over, not paying rent, &c. S7. When any person shall hold over any lands, tenements, or see holding other possessions, after the termination of the time for which they are demised or let, to him or her, or to the person under whom he or she holds possession; or contrary to the conditions or covenants of the lease or agreement under which he or she holds; or after any rents shall have become due according to the terms of such lease or agreement, and shall remain unpaid, for the space of twenty days; in all such cases, if the lessor, his heirs, executors, administrators, assigns, agent or attorney, shall make demand in writing of such tenant, that he or she deliver possessions of the premises held as aforesaid; and if such tenant shall neglect or refuse, for the space of twenty days after such demand, to quit the possession of such lands or tenements, or to pay the rent therefor, so due and unpaid as aforesaid; upon complaint thereof to any justice of the peace, of the proper county, the justice shall proceed to hear, try and determine the same, in the same manner as in cases of forcible entry and detainer, and issue a writ of restitution accordingly: Provided, That in such cases, [the justice shall have no power to impose a fine upon such tenant. Limitation Treble da given. $8. The preceding section shall not extend to any person who has or shall have continued in possession three years after the termination of the time for which the premises were demised, or let to him or her, or those under whom he or she claims, or to any person who continues in possession three years quietly and peaceably by disseisin, anything therein contained to the contrary notwithstanding. $9. The complainant shall be entitled to an action of trespass mages, when against the person complained of, and who shall be found guilty on the trial; and may recover treble damages from the time of notice given to quit the premises, and until that time damages only. Penalty for not appear. ness S 10. Every person summoned as a juror, or subpoenaed as a witing, &c. as ness, who shall not appear, or appearing shall refuse to serve or give juror or wit- evidence in any prosecution instituted by virtue of this act, shall forfeit and pay for every such default or refusal, unless some reasonable cause be assigned, such fine, not exceeding ten dollars, in case of a juror or witness, as the said justice shall think proper to impose; and such justice is hereby authorized and required to issue an execution, directed to the sheriff or any constable of said county, to levy the same of the goods and chattels of the offender; which fine, when recovered, shall be paid by the said justice to the treasurer of the said county. how remov $ 11. If either party shall feel aggrieved by the verdict of the jury, Proceedings or decision of the justice, or by the judgment of the justice rendered ed to district upon such verdict, he may within sixty days after judgment shall be court. rendered, remove the said proceeding and judgment before the district [court] of the county wherein the said trial shall be had, by a writ of certiorari. $12. The party intending to remove the proceedings or judgment Ib under the last preceding section, shall himself, his agent or attorney, make or cause to be made an affidavit setting forth the whole proceedings and testimony had before the said justice on the trial, and stating fully the errors on which the application for a writ of certiorari is founded, and shall within sixty days after the rendition of the judgment present the same to the judge of the said district court, or to a supreme court commissioner, who shall, if any error has intervened, allow a writ of certiorari to be issued. moving pro . S 13. The party procuring such writ of certiorari shall enter into Party rebonds with one or more sufficient sureties, in such sum as the officer ceedings to allowing the writ of certiorari shall direct, conditioned to pay all costs give bond. upon such forcible entry and detainer, and all such costs as shall be adjudged against him on the said certiorari, which bond shall be approved by the officer allowing the certiorari, and served with the writ upon the justice. on justice. S14. The party procuring such writ of certiorari shall, within certiorari, twenty days thereafter, serve the same upon the justice, which shall when served stay all further proceedings before said justice, who shall thereupon within ten days make and file his return to the said writ with the To file reclerk of the district court, together with the bond, in which return the said justice shall set out a complete statement of all the proceedings had before him, and all his decisions during the said trial, and all exceptions and objections made by either party. turn to writ. stitution $15. If a writ of restitution shall have been issued by the justice Writ of reprevious to the service of any writ of certiorari, the same shall not when to be thereby be superseded unless the party procuring such writ shall also suspended. in like manner give security that he will pay all damage or injury which shall be done to the land in controversy by the party procuring such writ, or that the land shall be in the same condition on the final determination of such suit on the writ of certiorari as the same shall be at the time of the service of such writ, in which case the justice shall give to the party procuring such certiorari a certificate of the service thereof, the service of which upon the opposite party, or upon the officer executing the writ of restitution, shall stay all proceedings on such writ of restitution, and shall prevent the party in whose favor a writ of restitution may have been granted, and all persons claiming under him, from further holding or interfering with the land in controversy until the decision of the district court on the said certiorari. $ 16. The district court to which any writ of certiorari shall be returned, shall proceed to hear and determine the same as the very Proceedings on certiorari in district court. Justice compelled to right of the case shall appear, without regarding technicalities or imperfections in the said return, and shall give judgment, and award execution accordingly. S17. The district court shall have power to compel the justice, by amend re- attachment, to make or amend any return which shall be withheld, or insufficiently or improperly made. turn. Forms to be used. Suminons. A $18. The following, or equivalent forms, shall be used in proceedings under this act, to wit: of for that the said on said, a complaint against on day of said county, you are required to leave a true and attested copy of this summons at the usual place of abode of the said six days at least before the said return day hereof, and make due return to me of this summons, with your doings therein. Dated at this day of in the year one thousand eight hundred and Writ of restitution. Justice. WRIT OF RESTITUTION. SS. To the sheriff or any of at a court Territory of Wisconsin, county of of inquiry of a forcible entry and detainer, held at in the county day of before a justice of the peace in and for the county aforesaid, by the consideration of the court, recovered judgment against of to have restitution of (here describe the premises as in the complaint.) Therefore, in the name of the United States of America, you are hereby commanded, that taking with you the force of the county if necessary, you cause the said to be immediately removed from the aforesaid premises, and the said to have peaceable restitution of the same; you are also hereby commanded that of the goods and chattels of the said within the said county, you cause to be levied, and the same being disposed of according to law, to be paid to the said the sum of being the costs taxed against the said for the said at the court aforesaid, together with twenty-five cents for this writ, and thereof, together with this writ, make due return within thirty days from the date hereof, according to law. Dated at the day of one thousand eight hun dred and Justice. |