filed, to cause notice, by publication for at least three consecutive weeks in some paper published or of general circulation in said county, to the owner or one of the owners of each tract of land along the route of such proposed ditch, drain or water-course of the pendency and prayer of said petitioner, [petition,] and of the time of the session of the county board of supervisors at which the same will be heard; and an affidavit of said publication [shall be] filed with the clerk of the board of supervisors. Should In case of death any party or parties in interest die during the pendency est." of said proceedings, such death shall not work an abatement of such proceedings, but the supervisors, on being notified thereof, shall make such order as they may deem proper for giving notice to the party or parties; and notice of the pendency and prayer of said petition and the time of hearing the same, shall be given to such persons by publication for at least three consecutive weeks in some paper publish ed or of general circulation in said county."

SECTION 2. This act shall take effect and be in force from and after its passage and publication. Approved March 19, 1863.

of party in inter

CHAPTER 76.

[Published March 23, 1863.]

AN ACT to amend section 41, chapter 86, of the revised statutes, entitled "of alienation by deed of the proof and recording of conveyances, and the canceling of mortgages."

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

may be discharg

ed.

SECTION 1. Section forty-one of chapter eighty-six How mortgages of the revised statutes, is hereby amended, by adding a thereto the following words, to wit: "And all discharges shall be entered in the general index, and subject to all the provisions of other entries in such general index," so that the section, as amended, will read: "Any mortgage that has been or may hereafter be re

corded, may be discharged by an entry in the margin
of the record thereof, signed by the mortgagee, or his
personal representatives or assignee, acknowledging the
satisfaction of the mortgage, in the presence of the
register of deed or his deputy, who shall subscribe the
same as witness and such entry shall have the same
effect as deed of release duly acknowledged and re-
corded; and all discharges shall be entered in the gen-
eral index, and be subject to all the provisions of other
entries in such general index."
Approved March 19, 1863.

Terms.

Sheboygan.

Calumet.

Manitowoc.

Kewaunee.

Fond du Lac.

When jury may

be summoned

May term.

CHAPTER 77.

[Published March 27, 1863.]

AN ACT concerning the terms of circuit court in the fourth judicial circuit.

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

SECTION 1. The circuit courts for the fourth judicial circuit, shall be holden as follows: In the county of Sheboygan, on the first Monday in June, and the fourth Monday in November, in each year; in the county of Calumet, on the third Monday in June, and the second Monday in December, of each year; in the county of Manitowoc, on the fourth Monday in June, and the third Monday in December, in each year; in the county of Kewaunee, on the fourth Monday in January, and the fourth Monday in July, of each year; in the county of Fond du Lac, on the first Monday in February, the second Monday in May, and the second Monday in October, of each year.

SECTION 2. There shall be no grand jury summoned for Fond du Lac or empanneled for the May term of the circuit court for said county of Fond du Lac, unless ordered by the judge of said fourth judicial circuit. When so ordered, a grand jury shall be summoned and empanneled, as provided by law in other cases.

be summoned

SECTION 3. There shall be no grand or petit jury When jury may summoned or empanneled for the July term of the for Kewaunee circuit court for the said county of Kewaunee, unless July term. ordered by the judge of the said fourth judicial circuit, and notice given by said judge to the clerk of the circuit court of said county of Kewaunee, at least twenty days before the commencement of said July term of court. When so ordered, a grand and petit jury shall be summoned and empanneled, as provided by law in other cases.

may be disposed

SECTION 4. There shall be holden by the circuit Special terms. judge of the said fourth judicial circuit, at least two special terms within said circuit, in each year, for the trial of issues of law, for the hearing of motions and the transaction of any and all business that may be done at a stated term, except the trial of issues of fact by a jury, at such times and places as the judge of said circuit court shall designate, which designation shall be made immediately, and shall not be changed within one year. And at such terms, the issues of law, Business that and motions, and all other business that may be trans- of acted thereat, pending in any and every county in said circuit, may be heard and disposed of, with the same force and effect as it may now be heard and disposed of in the county in which the causes or matters are pending; and when the causes or matters are pending in other counties in the circuit different from the county in which the special term is holden, the clerk of the circuit court shall certify the orders and papers to the clerk of the circuit court of the county where the same is pending, and the papers shall be filed and entered by the clerk of the court where the cause or matter is pending, in the same manner as if the cause or matter had been heard or decided by the circuit court at a term thereof holden in the county where it is pending.

of

SECTION 5. For the purpose of the hearing or trial Transmission of any cause or matter in any other county than that papers, &c. where the same is pending, the clerk of the circuit court shall, at the request of either of the attorneys in said cause or matter, transmit all the papers on file in said cause or matter to the place of trial or hearing, under his official certificate, certifying the same to be all the original files and papers in such action, cause or matter. Such papers or files shall be by such clerk enclosed in an envelop, sealed by him, directed to the

clerk of the circuit court of the county where such term is to be or is being held, and the same may be transmitted by mail, or by the hand of either of the attorneys in such cause, action or matter: provided, clerk's fees to be that before any clerk shall be obliged to transmit any

Postage and

paid.

Return of pro ceas, &c.

Repeal.

such papers, or files, or orders, all necessary postage therefor shall be paid by the party applying therefor; and provided, further, that no clerk shall be required to certify back any papers, files or orders to any such county where the same were originally pending, unless his fees in such cause or matter are paid.

SECTION 6. All writs, services, process, proceedings and recognizances heretofore issued, commenced, made or entered into, in or from said courts of said counties, respectively, or either of them, and all proceedings pending therein or returnable thereto, whether by recognizance or otherwise, shall be held and taken as returnable at the times mentioned in this act for holding the said courts, respectively, in the said several counties, respectively. SECTION 7. All acts All acts or parts of acts conflicting with or contravening the provisions of this act, are hereby repealed, so far as they contravene or conflict with the provisions of this act.

SECTION 8. This act shall take effect and be in force from and after its passage and publication. Approved March 20, 1863.

Acts legalized.

CHAPTER 78.

[Published March 26, 1863.]

AN ACT to legalize the official acts of Howard Hunt, a justice of the peace of the town of Jefferson, Green county.

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

SECTION 1. All the official acts of Howard Hunt, as justice of the peace of the town of Jefferson, Green county, so far as the same are consistent with the laws of this state, are hereby legalized, and made as valid, for all purposes, as though the said Howard Hunt had

caused his official bond and oath to be filed within the time required by law; and said Howard Hunt, upon filing his official bond and oath, may continue to act as a justice of the peace, as though the said bond and oath had been filed within the time limited by law. Approved March 19, 1863.

CHAPTER 79.

[Published March 25, 1863.]

AN ACT to authorize the city of Beaver Dam to levy and collect a special tax, to redeem soldiers' bounty certificates.

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

$6,000 author

SECTION 1. The common council of the city of Special tax of Beaver Dam is hereby authorized to levy and collect a ized. special tax, in addition to the amount authorized by the act incorporating said city, not exceeding six thousand dollars in amount; said tax to be levied and collected in the manner and at the time other taxes are levied and collected in said city.

SECTION 2. The proceeds of the tax authorized by How tax to be the preceding section, shall be used to redeem the scrip applied. issued by the mayor of said city, under the seal of said city, in August and September, 1862, in pursuance of a resolution of the common council, authorizing the issuing of the said scrip, for the purpose of raising money to enable said city to offer and pay a bounty to volunteers in the (then) new levy of United States troops, to enable said city to fill her quota of troops, without resorting to a draft; and the said tax shall not be levied or the proceeds thereof used for any other purpose.

SECTION 3. This act shall take effect and be in force from and after its publication. Approved March 19, 1863.