SECTION 2. This act shall take effect and be in force from and after its passage. Approved March 25, 1872. CHAPTER 179. [Published April 5, 1872.] AN ACT relating to town treasurers and prescribing their duties in certain cases. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: lien upon logs,. SECTION 1. All taxes levied upon any land in this Shall remain a state shall be and remain a lien upon all logs or timber timber, etc. cut upon such lands subsequent to the assessment of such tax upon such lands; and it shall be the duty of the town or county treasurer as the case may be, to pursue and levy upon said logs or timber, wherever the same may be, and collect said tax by distress and sale of such logs and timber, in the manner provided by law for the distress and sale of personal property for the payment of taxes: provided, however, that the provisions of this act shall not apply to the land of persons residing in the town where such land is situated. SECTION 2. This act shall take effect and be in force. from and after its passage and publication. Approved March 25, 1872. 17-GEN. LAWS. Amended. cution unless ited. CHAPTER 180. [Published April 5, 1872.] AN ACT to amend section one of chapter ninety-six of the general laws of 1860, entitled "an act to amend section twenty-six of chapter 139 of the revised statutes, entitled 'of appeals and writs of error, and proceedings thereon.' The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. Section one of chapter ninety-six of the general laws of 1860, entitled "an act to amend section twenty-six of chapter 139 of the revised statutes, entitled 'of appeals and writs of error and proceedings thereon,'" is hereby amended so as to read as follows: Section twenty-six of chapter one hundred and thirtynine of the revised statutes of this state is hereby amendNot to stay exe- ed so as to read as follows: "Section 26. No writ bond is given or of error shall operate to stay or supersede the exmoney depos- ecution in any civil action, unless the plaintiff in error or some person in his behalf shall give bond to the defendant in error in double the amount of the judgment of the court below, with one or more sufficient sureties, conditioned that the plaintiff in error shall prosecute his action to effect, and pay all costs and damages which may be awarded against him therein; and in case the judgment of the court below is affirmed, will pay the amount thereof with costs; and in case such bond shall not be given to stay the execution as aforesaid, then in order to render such writ of error effectual for any purpose, a bond must be executed on the part of the plaintiff in error, by at least two sureties, to the effect that the plaintiff in error will pay all costs and damages which may be awarded against him therein, not exceeding the sum of two hundred and fifty dollars, or that sum must be deposited with the clerk with whom the judg ment below is entered, to abide the event of the writ. Such last mentioned bond or deposit may be waived by a written consent on the part of the defendant in error. SECTION 2. This act shall take effect and be in force from and after its passage and publication. Approved March 25, 1872. CHAPTER 181. [Published April 4, 1872.] AN ACT to amend section one of chapter forty-four of the general laws of 1870, entitled "an act to amend section one of chapter one hundred and thirteen of the general laws of 1857, entitled an act in relation to tax deeds.' The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: be issued with tice to owner. SECTION 1. Section one of chapter forty-four of the Amended. general laws of 1870, is hereby amended so as to read as follows: Section 1. Section 1 of chapter 113 of Tax deed not to the general laws of 1867, is hereby amended so as to out written noread as follows: Section 1. Whenever any lot or tract of land which has been or shall hereafter be sold for taxes, shall have been in the actual occupancy or possession of any person other than the owner and holder of the certificate of such tax sale, or some person holding under him, for the period of thirty days or more, at any time within the six months immediately preceding the time when the tax deed upon such sale shall be applied for, such deed shall not be issued unless a written notice shall have been served upon the owner, or upon such occupant, by the holder of such certificate, at least three months prior thereto, stating that he is the holder of such certificate, and setting forth the date thereof, and giving notice of the time when such deed will be applied for. And at any time previous thereto, May be reor to the issuing of such deed, such lot or tract of land deemed. or any part thereof or interest therein, may be redeemed from taxes upon the same terms as in other cases, and paying in addition, one dollar for the notice and proof of service herein required. An affidavit showing such shall file affiservice, and specifying particularly the time and manner thereof shall be filed with the officer whose duty it shall be to issue such tax deed, before such deed shall be issued, and in no case shall any tax deed be issued upon any certificate of the sale of land for the non-payment of taxes, except upon proof of the service of the notice as herein provided, or proof filed with such of ficer, that the land described in such certificate was not occupied or possessed for the period of thirty days as davit. certificate. closure of mort May foreclose hereinbefore specified: provided, however, that the holder of any such certificate may at his option foreclose the same by action, as in the case of a mortgage upon real estate, in lieu of taking a tax deed as aforesaid, at any time after such certificate shall have been outstanding three years or more, and within which he would be entitled to a tax deed upon giving notice and Rules for fore- making proof as aforesaid; and provided, further, that gage, to apply. all the rules of law and practice relating to the foreclosure of mortgages by action, as to the persons necessary and proper to be made parties to such actions, the decree of sale and foreclosure therein, the rules of pleading and evidence therein, the right of the plaintiff to be subrogated to the benefits of all liens upon the premises by him necessarily satisfied in order to save the lien of his certificate, the right of the defendant or any of the defendants, to redeem the premises at any time before sale, or within one year thereafter, and as to costs and disbursements, including the necessary expense of obtaining an abstract of title, shall, so far as they are applicable, prevail in actions for the foreclosure of certificates for the non-payment of taxes; and proMay foreclose vided, further, that the holder of several such certificates against the same tract of land may foreclose them all in one action, the same as the holder of several mortgages, given by the same mortgagor upon the same land; and provided, further, that the sale in such cases shall be conducted, certificates thereof made and filed, a report thereof made and confirmed, and a deed of conveyance thereon executed and delivered in like manner and with like effect as in cases of actions for the foreclosure of mortgages upon real estate. several certificates. SECTION 2. This act shall take effect and be in force from and after its passage and publication. Approved March 25, 1872. CHAPTER 182. [Published March 30, 1872.] AN ACT to authorize municipal corporations to aid in the con struction of railroads. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: struction of bonds to be SECTION 1. Any county, town, incorporated city or May aid in conincorporated village in this state, is hereby authorized railroads. and empowered in the nanner herein provided, to aid in the construction of any railroad in this state to be constructed by any railroad company for public use by authority of any law of the state, in which company any such municipality shall become a stockholder, in the manner hereinafter provided, and which will promote the general prosperity and welfare of the taxpayers of such municipality; and the mutual agreement hereinafter referred to, when the same shall be arrived at, shall be conclusive evidence that such railroad will so promote the general prosperity and welfare of the tax-payers of such municipality. But no bonds Limit of shall be issued by any city, village or town under the amount of provisions of this act, to an amount exceeding together issued. with its then existing indebtedness, ten per centum upon the valuation of the taxable property therein, as the same shall appear upon the last previous assessment roll; or by any county to an amount exceeding together with its then existing indebtedness, ten per centum upon the valuation of the property therein, as fixed by the last previous state board of equalization: provided, that no county shall issue bonds under the provisions of this act, in which any town, city or village shall have previously issued bonds in aid of railroads to an amount which shall cause the proportionate indebtedness of any such town, city or village on account of such county bonds, together with its own bonds outstanding, to exceed ten per centum on the valuation of the taxable property of such town, city or village, fixed as aforesaid, nor shall any town, city or village issue any bon's under the provisions of this act, so that the amount of such bonds, together with |