No. 187, A.]

[Published May 8, 1899.

CHAPTER 337.

AN ACT to amend section 1181 of the Wisconsin statutes of 1898, relating to foreclosure of tax certificates.

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

as to costs in

SECTION 1. Section 1181 of the Wisconsin Limitations statutes of 1898, is hereby amended by inserting actions of after the word "actions" in line twelve, the fol- foreclosure. lowing: "provided that when costs are allowed to the plaintiff, such costs, exclusive of disbursements, shall be discretionary with the court but shall not exceed the amount of the face of the certificate or certificates embraced in such action, and such costs when allowed, shall be an additional lien upon the property described in such certificates, provided further that the defendant may in all cases within the time limited by law for answering the complaint, execute and deliver to the plaintiff or his attorney a quitclaim deed of the lands described in the complaint, conveying all the right, title and interest of such defendant at the time of the commencement of the suit; or may, within such time, either after having delivered such deed or without such delivery, answer disclaiming any title to the lands in question at the time of the commencement of the suit, in either of which cases the plaintiff shall not recover costs personally against any such defendant who quitclaims as aforesaid or who shall establish such disclaimer upon the trial of such action," so that when said section is so amended, the same shall read as follows: Section 1181. The Foreclosure of holder of any tax certificate may, at his option, cates. in lieu of taking a tax deed, at any time after three years from the date of such certificate, and before he would be debarred from demanding a

tax certifi

tax deed thereon, foreclose the same by action as in a case of a mortgage upon real estate; and all the laws and rules of practice relating to the foreclosure of mortgages, as to the persons necessary and proper to be made parties, as to pleading and evidence, the judgment of foreclosure and sale thereunder, the right of the plaintiff to be subrogated to the benefit of all leins upon the prem ises by him necessarily satisfied in order to save the lien of his certificate, the right of the defendants or any of them, to redeem the premises at any time before sale, and as to costs and disbursements, including the necessary expenses for an abstract of title, shall, so far as they are applicable, prevail in such actions; provided, that when costs are allowed to the plaintiff, such costs, exclusive of disbursements, shall be discretionary with the court, but shall not exceed the amount of the face of the certificate or certificates embraced in such action, and such costs when allowed, shall be an additional lien upon the property described in such certificates, provided further, that the defendant may in all cases within the time limited by law for answering the complaint, execute and deliver to the plaintiff or his attorney a quitclaim deed of the lands described in the complaint, conveying all the right, title and interest of such defendant at the time of the commencement of the suit; or may, within such time, either after having delivered such deed or without such delivery, answer disclaiming any title to the lands in question at the time of the comencement of the suit, in either of which cases the plaintiff shall not recover costs personally against any such defendant who quitclaims as aforesaid or who shall establish such disclaimer upon the trial of such action. The plaintiff in such action, may include in one action, all the certificates he holds upon the same tract of land; and the sale in such actions shall be conducted, certificates thereon made and filed, the report made and confirmed and a deed thereon executed and delivered, in like manner and with like effect as in case of actions for foreclosure of mortgages;

ors.

but a foreclosure and sale under the provisions Rights of minof this section, shall not limit or in any manner affect the right of redemption by a minor, idiot or insane person, as provided in section 1166.

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

Approved May 3, 1899.

No. 184, A.]

[Published May 8, 1899.

CHAPTER 338.

AN ACT providing for the holding of elections in towns and villages.

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

in place of

meetings.

SECTION 1. The town board of any town may, Electors may by resolution, provide that the question of vote on change changing the place for holding town meetings in holding town any such town, be submitted to a vote of the electors at any regular town meeting held in the town, and if at any such town meeting a majority of the electors shall vote in favor of changing the place for holding any such election, then all elections and town meetings thereafter held in any such town, shall be held at the place so designated. The town board shall designate by resolution, the place to which the change is to be made, and shall describe such place with reasonable accuracy, which designation and description

shall be embodied in the notice to be given by the Duty of town clerk as hereinafter provided. The town clerk clerk. shall at least ten days before the holding of any such election, at which the question of changing

Form of ballot.

Vote, how canva sel.

the place for holding elections is to be voted upon pursuant to any resolution of the town board, cause notice of that fact to be given to the electors of the town by posting up notices in three public places in the town, which notices shall state that the question of changing the place of holding elections and town meetings is to be voted upon at the town meeting, stating when and where such election or meeting is to be held, and also the place to which the same is to be changed, which place shall be described with reasonable

accuracy.

SECTION 2. The town board shall procure, at the expense of the town, a suitable number of ballots which shall be printed in the following form:

For changing the place of holding elections.

Against changing the place for holding elections.

If the voter desires to vote for the proposition, he will do so by putting a cross in the appropriate square to the right of the words: "for chang ing the place of holding elections," and if he desires to vote against it, may do so by putting a cross in the square to the right of the words "against changing the place for holding elections." Such ballots shall be delivered to the clerk, time enough for use at any such election, and shall be kept in some convenient and conspicuous place in the building where the elec tion is held, for the use of electors. The votes so cast upon any such proposition shall be canvassed and returned in the same manner that votes for candidates are canvassed and returned, and if a majority of the votes so cast shall be in favor of changing the place of holding elections, then all general elections, town meetings and judicial elections thereafter held, shall be held at the place designated in the resolution adopted by the town board, and approved by the electors of the town as herein provided. The town board

shall provide a separate ballot box for the ballots cast upon any such proposition.

SECTION 3. All acts and parts of acts, in conflict with the provisions of this act, are hereby repealed.

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

Approved May 3, 1899.

No. 531, A.]

[Published May 8, 1899.

CHAPTER 339.

AN ACT to require the Australian system of elections in towns having an incorporated city or village which operates jointly with the towns in town elections.

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

System of

C 339 '99 repealed $1 C 445 '03 Ch. 339 Repealed. 1903 c 445

town officers.

SECTION 1. Chapter five of Wisconsin statutes of 1898, shall hereafter apply to all elections of election of of town officers in towns having an incorporated city or village which operates jointly with the town in such elections, so far as the provisions of such chapter may be applicable, and except as modified for such town elections by the provisions of this act.

SECTION 2. Nothing in this act shall prevent Nomination the nomination of, and the placing upon the of- of candidates ficial ballot of, the regular nominees of any nonpartisan or general caucus of the voters of the town where such caucus has been regularly called by an authorized town committee appointed at a regularly called caucus of the preceding year, provided that at least ten per cent.