present session of the Legislative Assembly be and the same is hereby repealed.

SEC. 3. That township number fourteen, north of range number seventeen east, in the county of Fond du Lac, is hereby organi zed into a separate town by the name of Byron, and the first town meeting shall be held at the house of Orrin Morris, in said town, on the first Tuesday of April next. APPROVED February 3rd, 1846.

tion where

held.

AN ACT to provide for re-locating the seat of justice of Sauk county, and for other purposes.

BE IT ENACTED by the Council and House of Representatives of the Territory of Wisconsin:

SECTION 1. That for the purpose of permanently locating the seat of justice of Sauk county, a special election shall be held Special elec in Sauk county on the first Tuesday of April next, at which election every white male inhabitant of the age of twenty-one years and upwards, who is at the passage of this act a resident of said county, shall be entitled to vote for such place or point as he may choose for the seat of justice of said county, and the place having a majority of the votes given shall be the seat of justice of said county: Provided, that if a majority of the votes cast at such election shall be for some place other than the present location, the county seat shall not be removed to such place until the county commissioners of said county shall first re-convey to such persons as have donated land to said county in consideration of the establishment of the county seat at its present location, all lands or town lots so donated as shall not have been sold by said county; and shall also convey the plat of land occupied as a public square, and upon which the court house is now located, to school district No. one, of Sauk county, for the use of said district. And for all

lands or town lots so donated and disposed of by the said county shall execute and have in readiness to deliver to the donors thereof, or their representatives, county orders bearing interest until paid, for the amount of the sale of such lands or town lots by the said county.

Governor.

SEC. 2. That the county commissioners of said county shall Commissioncertify under the seal of their board, to the Governor of this Ter-ers to certify to ritory, the place or point having received a majority of the votes given at said election, and also at the same time certify in like manner that the said county has complied with all the provisions contained in the first section of this act, And the Governor shall, thereupon issue his proclamation declaring the point having received a majority of votes, as the seat of justice of said county.

SEC. 3. That until the seat of justice of said county is permanently located as contemplated by the provisions of this act, and suitable buildings provided thereat for the accommodation of the sessions of the district court and the offices which are now by law required to be kept at the county seat, the said court and offices shall remain at its present location, and for that purpose the use of the said court house shall be reserved by the county.

SEC. 4. The election to be held in pursuance of the provis. ions of this act shall be conducted in the manner now provided by law for holding general elections in said county.

SEC. 5. All laws contravening the provisions of this act be, and the same are hereby repealed, and this act shall take effect and be in force from and after its passage. APPROVED January 27, 1846.

AN ACT to authorize persons having a lien upon land to pay the taxes upon the same.

BE IT ENACTED by the Council and House of Representatives of the Territory of Wisconsin:

SECTION 1. When any person having a lien or claim upon

Lien how made.

real estate, either by a lien obtained in pursuance of the act which gives mechanics a lien in certain cases, attachment, judgment, mortgage, purchase at a sheriff's sale on execution, purchase at a sale where a mortgage is foreclosed by advertisement, or in any other manner, shall have paid any taxes on such real estate, or interest and charges arising from such taxes, or shall have redeemed such real estate, when the same has been sold on account of the taxes upon it not having been paid, such person shall have a lien upon such real estate to the amount of the money thus paid, with interest on the same at ten per cent. per annum from the time of recording the notice hereinafter specified.

SEC. 2. Any person paying money as aforesaid, shall cause to What shall be be recorded in the office of register of deeds of the county recorded. where the real estate is situated, a notice signed by him, stating the land upon which the tax or redemption money was paid, and the amount of the money thus paid.

Lien not to be discharged until money is paid, &c.

SEC. 3. The original lien or claim, by virtue of which any one shall obtain a second lien by virtue of this act shall not be discharged in any manner, until the money thus paid for taxes, charges, interest or redemption shall be first repaid; and if the original lien was obtained under the provisions of the act which gives mechanics a lien in certain cases, or by attachment, then the amount of the second lien may be included in any judgment rendered in the suit by which such original lien shall be defined; and if the original lien is by judgment or mortgage, then upon the sale of the real estate upon which money has thus been paid, the amount of such second lien shall be paid to the owner thereof, before any surplus shall be paid to the owner of such real estate, or any subsequent incumbrance; and if the original lien or claim was by a sheriff's certificate of sale on execution, or by purchase at a sale where a mortgage is foreclosed by advertisement, then such real estate shall not be redeemed or re-purchased from such sale or purchase, until such second lien has been paid,

APPROVED January 20, 1846.

AN ACT to organize certain towns in Jefferson county.

BE IT ENACTED by the Council and House of Representatives of the Territory of Wisconsin:

SECTION 1. Township six, north of rangé sixteen east, in Jefferson county, is hereby set off into a separate town by the name of Sullivan, and the next town meeting to be held at the house of John Nutter.

SEC. 2. Township six, north of range fifteen east, in Jefferson county, is hereby set off into a seperate town by the name of Tunbridge, and the next town meeting to be held at the house of Cyrus Cushman,

SEC. 3. Township five, north of range sixteen east, in said county, is hereby set off into a separate town by the name of Palmyra, and the next election shall be held at the school house in the village of Palmyra.

SEC. 4. Town five, in range fifteen east, in the said county. is hereby set off into a separate town by the name of Bark River, and the next town meeting to be held at the school house at Brink's mills.

SEC. 5. The said several towns shall be entitled to all the rights and privileges which other towns are entitled to by law, and the next town meeting in the said towns shall be held at the time prescribed by law for holding town meetings.

SEC. 6. So much of any act or acts of this Territory as con flicts with the provisions of this act is hereby repealed:

Township seven, north of range fifteen east, shall constitute a separate town by the name of Farmington, and the first town meeting shall be held at the house of Edward Outhouse.

APPROVED February 2, 1846.

AN ACT to authorize school district No. 2, in Sheboygan county, to levy a tax for finishing a school house.

Be it enacted by the Council and House of Representatives of the Territory of Wisconsin:

SECTION 1. That it shall and may be lawful for the trustees of school district No. 2, in the county of Sheboygan, to levy an additional tax on the taxable property of said district, not to exceed the sum of one hundred and eighty dollars for the purpose of finishing and furnishing a school house in said district.

SEC. 2. The said tax shall be collected and returned in the manner that is now provided by law for the collection of taxes for building school houses.

APPROVED February 2, 1846.

AN ACT to provide for and regulating the action of replevin before justices of the peace.

BE IT ENACTED by the Council and House of Representatives of the Territory of Wisconsin:

SECTION 1. That so much of the fourteenth section of an act entitled "an act to amend an act entitled' an act concerning justices of the peace and for other purposes," approved January 30th, 1844, as repeals article tenth, regulating the action of replevin,of an act entitled" an act concerning justices of the peace," is hereby repealed; and the said article tenth, regulating the ac tion of replevin, is hereby revived and declared to be in full force.

SEC. 2. This act shall take effect from and after its passage. APPROVED, February 2d, 1846.