Secretary to fur. nish instruc

sheriffs.

ing been set up shall be transmitted to the secretary of the territory with the return of the number of persons, and in case any sheriff shall fail to make such proof to the secretary of the territory as aforesaid, he shall forfeit the compensation allowed by this act for the same.

SECTION 8. And be it further enacted, That the sections, &c. to the retary of the territory shall be and hereby is authorized and required to transmit to the sheriff's of the several organized counties in this territory regulations and instructions pursuant to this act for carrying the same into effect and also the forms contained therein of schedule to be returned.

Approved December 30, 1837.

Claimants to

make applicayear, and how.

tion within one

No. 54.

AN ACT for the partition of the half breed lands, and for other purposes.

WHEREAS, it is expedient, in order to the settlement of that tract of land lying between the Mississippi and Des Moines rivers, commonly called the "half breed lands," which was reserved for the half breeds of the Sacs and Fox tribes of Indians, by a treaty made at Washington city, between the United States and those tribes, on the fourth of August, 1824, which was released to said halt breeds with power to convey their rights, &c. by act of congress approved the 30th of June, 1834, that the validity of the titles of the claimants should be determined, and partition of said lands among those having claims should be made, or a sale thereof, for the benefit of such valid claimants: Now, therefore,

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That all persons, claiming any interest in said lands under said treaty and act of congress, are hereby required within one year from the passage hereof, to file with the clerk of the district court of the county of Lee, Wisconsin territory, a written notice of their respective claims, designating the half breed under which they respec

tively claim, and the extent of their claims; which notice shall be accompanied with a true copy of all the title papers, and deeds relating to the rights there

in set forth.

SECTION 2. The following named persons, to wit: Commissioners. Edward Johnston, Thomas S. Wilson and David Brig. ham are hereby appointed commissioners for the purpose of taking and receiving the testimony concerning the validity of claims, presented and filed, each of whom shall receive six dollars per diem, for each day actually engaged in the discharge of his duties.

SECTION 3. The said commissioners before enter- oath. ing upon their duties, shall take an oath well and faithfully to discharge the same, and on application of any party interested, the court may rule said commissioners to report their proceedings; and upon proof of neglect of duty, or misconduct, the judge of said court may remove any of the said commissioners; in which May be remov case, as on the occasion of the death or resignation of said commissioners or any of them, or in case of a vacancy in said board from any other cause, the gov ernor of the territory shall appoint others to supply the vacancy, who shall be qualified as aforesaid.

ed.

claims.

SECTION 4. The said commissioners shall com- Manner of inmence their duties at the town of Montrose, in Lee vestigating county, Wisconsin territory, on the first Monday in May 1838; at which time and place they shall proceed to investigate the validity of said claims, in the order in which they have been filed with the clerk of the district court of said county, upon whatever legal evidence, written or oral, that may be produced for and against the same; and the commissioners shall have the testimony so taken reduced to writing. And the clerk of the said district court is hereby required to deliver to the said commissioners all notices, copies of title papers, and documents, filed with him in pursuance of the first section of this act.

SECTION 5. The said commissioners shall have au- Commissioners thority to adjourn from time to time, as they, or a ma- may adjonrn. jority of them, shall deem proper and expedient; and as soon as the testimony for and against the claims presented shall have been had and obtained, so as to enable the commissioners to report, they shall proceed Must report to to make up a report in writing to the district court of the district the county of Lee, stating therein the names and num

court.

May administer oaths.

ber of the half breeds, originally entitled to the said land, under the treaty and act of congress before mentioned, the names of the owners at the time said report shall be made, with the proportions to which they are respectfully entitled, and the name of the half breed under which each of the said owners claims his or her right, together with all the evidence upon which these facts and opinions are founded; and said report when filed shall be open to the inspection of any person interested.

SECTION 6. The said commissioners shall have power and authority to administer oaths, and take affidavits, and to the same legal effect as the same may by the usages of law be administered or taken, by the judge of the said district court, in all matters relating to, or touching, in any wise, the proceedings to be had before said commissioners. And they are hereby auTake deposi thorized to issue commissions for taking depositions of witnesses residing out of the territory, to be received in evidence before the said commissioners, in the same manner as the district court of the said county of Lee may or can by law now do.

tions

and issue subpoenas.

Judge of dis

trict court to

SECTION 7. The said commissioners shall have authority to issue subpoenas, and other process, to compel the attendance of witnesses, in the same manner as the district court of any of the counties of this territory may lawfully do.

SECTION 8. The judge of the district court of the give judgment. County of Lee shall give judgment at the next term of said court immediately succeeding the filing of the report of said commissioners, in favor of the claimants, for the amount to which they may appear to be respectively entitled, according to said report, unless on or before the fourth day of said term exceptions shall be filed against said report, or any part thereof: provided, that judgment shall not be entered at any term of the said court, unless said report, and the evidence supporting the same, shall have been filed with the clerk of the district court of the county of Lee, and public notice given of such filing at least sixty days before the first day of said term.

Proviso.

When question tried in the

SECTION 9. If exceptions should be filed by any district court. person interested, within the time appointed, the decis ion of the question or questions, embraced in such exceptions, shall be made by the said district court, in

the same manner as if a petition for partition had been duly made to the said court, and notice of service duly proved under the general provisions of the act of the legislative council of Michigan, passed the 12th day of April, 1827, entitled "an act to provide for the partition of lands;" and the same proceedings shall be had with regard to trial, judgment, and removal by certiorari, or writ of error, as if the proceedings had been regularly commenced in the said court.

SECTION 10. The judge of the district court of the Special term. county of Lee, is hereby authorized to hold a special. term or terms, at such time or times, as he may see fit to adjourn, for the purpose of hearing and deciding upon any question, arising from exceptions filed to the report of the said commissioners.

for presenting claims.

SECTION 11. All persons claiming any interest in Time limited said lands, under said treaty and act of who congress, shall not file their claims as herein required, shall be forever barred from setting up any right in said lands or in the proceeds of the sale thereof: provided, that Proviso. should any claimant, owning a portion of the right of any original half breed, establish his claim under the proceedings herein authorized, and the residue of said right remain unrepresented before the commissioners. and the court, that said right of such half breed shall be considered as valid, and the portion of the sales due and coming to such unrepresented interest, shall be retained by the court, to be invested under its direction, in some safe state stock, bearing interest, and as required by the fifth section of this act. And at the expiration of that time, the balance, if any should remain, shall be paid into the treasury of the territory, or state, in which the said half breed tract may at that time be situated, to be held by the said state or territory, in trust for such absent owners as may at any time hereafter establish their claims, to be paid to the party or parties establishing the right thereto before. the said court within three years after the filing of the report of the said commissioners.

of sale.

SECTION 12. Immediately after judgment shall Commissioners have been given, as aforesaid, upon all the claims presented, the following named persons, to wit: John Walsh, of St. Louis, Jeremiah Smith and Antonie LeClaire, of Wisconsin, Samuel Marsh, of New York, and Isaac Galland, of Illinois, or a majority of them,

May sell by the

court.

are hereby authorized to proceed to make sale of said lands, from time to time, according to the judgment or order of the court, and to make surveys and do all things under the direction of the court necessary or proper for making such sales as they shall report their proceedings from time to time to the court, and shall, on receipt of the consideration of such sales, and on ratification of the report of them, make, execute, acknowledge, and deliver to the purchasers, proper deeds for the lands purchased, which shall be effectual to vest in the respective purchasers the absolute title in fee simple, in severalty of the lands so sold and conveyed, free and clear of all right and claim, of all persons under said treaty and act of congress.

SECTION 13. The said court is authorized to cause

direction of the the said lands, or any part of them, to be sold by said commissioners of sale appointed by the preceding section, at such times and places, on such notices, and in such quantities, as the court in its discretion may appoint; and may cause surveys to be made, if necessary, and towns to be laid out, &c: provided, that sales shall (except as is provided in section 17) be made, at public vendue, and for so much cash down as the court may deem reasonable in order to raise a Terms of sale. fund to pay all the expenses of the proceedings, sales and expenses herein authorized and required, and the balance on a reasonable credit. And the said court may ratify, or disapprove, of any report or proceedings, of said commissioners, and set the same aside, and order such further proceedings as may seem reasonable and for the advancement of justice upon exceptions filed and good cause shown by some party interested, at the time at which said commissioners may make report on the matter excepted to.

If purchasers

SECTION 14. If any purchaser at such sale, shall fail to comply. fail to comply with the terms of the sale by not making the cash payment, or giving the security required, said sale shall be utterly null, and the commissioners of sale may immediately put up the lands again for sale to the highest bidder. And if there be a loss on such second sale the non-complying purchaser, who has caused such loss, shall be responsible therefor, and may be proceeded against by the commissioners of sale in their name, for the difference, in any court having jurisdiction.