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Jury may

find.

Writ of pos.

ded.

AN ACT relating to real actions, and for other

purposes.

Beit enacted by the Council und House of Representatives

of the 7'erritory of Wisconsin : Claims to

§ 1. Whenever any person claims title to any lands, land.

or town lots and tenements, under, throngh, or by virtue of any deed or conveyance heretofore executed, or hereafter to be executed, by any officer authorized by the laws of this 'Territory to execute the same, on account of any sale of any lands or town lots and tenements, for the pasinent of any tax heretofore or hereafter lawfully assessed thereon, or who shall claim title in fee simple under or

by virtue of a deed from any other person, and a siit to Smile when commenced.

recover such lands and town lots or tenements, shall be instituted by any person claiming title from any other source on the trial of such action, if the Jury to whom the cause is submitted, shall find the plaintiff entitled to such

lands and tenements so claimed, a writ of possession shall session awar. be awarded by the court, provided no permanent and val

uable improvements have been made on such lands, and

tenements in good faith by the defendant, or those under Beforo com. incocoment or whom he claiins since the execution of such deed, or since

the execution of a like deed to those from wl:om he claims as aforesaid, and before the cominenct inert of said suit.

§ 2. If the defendant in any such suit, against whom

a verdict Defendant

be found), sliall clain that he, or any per

my son or persons through when he claims title, bias in good proveinent faith, since the execution of such deed or deeds and beinade.

fore the commencement of said suit, made valuable and perinanent iinprovements on the said lands or town lots,

the court in which the said cause is tried, shall cause an Issue shall be issue to be made up between the parties forth withi, in

which the defendant in the original suit shall be plaintiff, Jury to be cm.

and t!re plaintiff in sucli suit, delindant; and a jury shall pannellcd. be empannelled at sich terms, or at such subsequent term

as the court shall appoint, to try the issue so made up, and assess the value of sail iinproveinents; and if they find that the plaintiff is entitled to recover any sun for or on account of such improvements, judginent shall be render

ed for such sum as they shall so assess and award: ProProviso.

vided that nothing in this act shall entitle such defendant to claim payment for any inprovements made prior to the passage of this act.

suit.

claims inn.

made up.

§ 3. If the plaintiff in the original suit shall elect to Elect to pay pay the defendant in such suit the value of such improve- value of im. ments, as assessed by the jury, with interest thereon from provements the time of such assessment and cost of the suit for the assessment of the value of such iinprovements, and all taxes assessed upon said premises, and paid by said de- And all tas fendant or those kinder whoin he claims as aforesaid, with interest thereon within thiree years after the assess- Within three ment of such damages and final judgment rendered there-years on, the court shall upon satisfactory proof of the payment on proof of or the teniler of the payment of the sam", award a writ of payment. possession; and if the said plaintiff shall not pay, or offer to pay the same within such time, he shall be deeined to have abandoned his claim of title to the premises in question, and he and all persons claimning under hiin shall be forever barred of a recovery of the premises so clai:ned, Barred of re

covery but shall, neverth-less, be liable for cists of such suit for the assessment of such improvements, and said defendant shali not be liable to pay for the use or occupation of said premises during the time, any part of such sums shall remain unpaid.

§ 4. That the owner or claimant of any lands sold for the non-payment of any town, county, or territorial tas, inposed theseon by virtne of any law of this Territory, may redeem the saine at any time before the con- May rcdcem veyance made on the sale of suclitaxes, shall be recorded irou sale for in the register's office of the cuniy in which such lands are situated. Tiis section shill take effect and be in force on and after the first day of May next.

$ 5. Wienever any person having a lien upon real estate by mortgage, judg nent, or otherwise, shall pay any tax levied by virtile of any law of this Territory on Wlo included sich real estate, or s'all redeein the saine froin any tax in lien. sale, the sum this paid shall be included in the amount of such lien, and shall be collectable upon foreclosure, or execution, in the same manner as the original debt for which suich lien was given.

§ 6. Any laws of this Territory contravening the Laws re. provisions of this act are hereby repealed.

pealed. § 7. All actions now in progress in the courts, shall

Artions in be conducted to their final decision, in the same manner saine manner. as if this act had not passed.

APPROVĘD, January 30, 1844.

tax.

AN ACT prescribing the time of holding the

annual session of the Legislative Assembly.

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

§ 1. That hereafter the annual session of the Legis. lative Asseinbly shall commence on the firsi Monday of January of each year.

§ 2. The first section of "An act fixing the time of holding the annual session of the Legislative Assembly, and for other purposes,” approved 230 Marchi, 1843, is liereby repealed.

APPROVED, January 24, 1814.

AN ACT to amend an act entitled "An act con

cerning justices of the peace," and for other purposes.

Be it enacted by the Council and House of Representatives

of the Territory of Wisconsin. Bond when

§ 1. Every justice of the peace hereafter elected shall and how filed. file his official bond with the clerk of the district court,

and it shall not be necessary to have the saine recorded. Judgment for § 2. When a plaintiff has given security for costs, if costs against judgment be rendered for the defendant, the justice shall,

on application, enter judgment against the surely for the costs; and issue execution thereon, after the execution on the original judgment shall be returned unpaid as to such costs or any part thereof.

§ 3. Upon the ræturn of any process, each party shall Shall plead pui in liis pleadings, and give a bill of particulars of i.is deand file bill of inands, if required by the justice or opposite party; the jusparticulars.

tice shall then, upon the application of either party, withContinuances. out requiring cause to be shown, adjourn the case for such

time as may be required, not exceeding one week; tut if sufficient cause be shown on oathi, by vither party the jus

tice shall grant an adjournment for a longer time than one No charge for week, not exceeding, however, ninety days. No costs service of pro- shall be taxed for the travel or attendance of any witness cess or wituces

in a cause on the return day of the original process issued

CONS or wit. ness.

case.

Section re.

therein, nor for the service of any subpæna issued therein No charge for it turnable on that day, nor for travel in serving the same, service of pro. unless an actual trial shall be had in the cause on such return day.

§ 4. Any person aggrieved by any judgment render-When judg. ed by a justice of the peace under the act of which this is ment exceeds amendatory, when the judgment shal exceed fifteeen dol- $ 15 may ap.

peal. lars may appeal by himself or agent, to the district court of the county where the same was rendered.

Provided however, that where the claims of either party, as proved when claim in the cause at the trial, shall exceed fity dollars, or the cxceed - 850 claims of both parties, as proved on the trial, shall exceed or both $100

ay appeal. one hundred dollars, then either party may appeal from such judgment, although the recovery before the justice be less than fifteen dollars; in which case the fact of such sum or suns having been proven on the trial shall be set Proviso. forth and certified by the justice in his return : Provided, also, that in all cases where an appeal is not allowed by the provisions of this section, it shall be lawful for either party to remove the cause to the district court, by a writ May certiorari of cirtiorari, and so much of article twelfth, of the act entitled an act, concerning justices of the peace, as will be necessary to carry the provisions of this section into aind. effect, is hereby retained, section 14 of this act to the contrary notwithstanding, and in such cases it shall be the du- Justice shall ty of the Justice, to return all the testimony and proceed-ny. ings had before him: Provided, this law shall not interfere with any actions in cases of forcible entry and detain r.

5. No appeal shall be allowed in any case, unless the Appeal bond following requisites are complied with within ten days af- in ten days. ter judgment rendered, viz: 1st. An affidavit shall be filed with the justice before whom the cause was tried, stating that the appeal is made in good faith, and not for the

purpose of delay. 2d. A recognizance entered into by the party appealing, his agent or attorney, to the adverse party, in a sum sufficient to secure such judginent and costs of appeal, must be entered into, with one or more sureties, to be approved by the justice.

§ 6. No acting justice of the peace shall hereafter hold his office in the same room with any practicing at

Joslice not to torney, unless such attorney shall be his partner; and in with lawyer. that case, such partner shall not be permitted to appear of practice as attorney in any case tried before him. § 7. Section eight of an act entitled "an act to amend

Petain testimo.

hold office

to remove Cousce.

an act concerning justices of the peace," approved JanuAct construed ary 8th, 1840, shall be so construed as to permit the re

moval of a cause or trial from a justice but once, and no more ; and no cause or proceeding shall be removed from before any justice of the peace unless the application therefor be made on the return day of the process, and

before any proceedings had on the part of the defendant. Copy of sum: § 8. No copy of suminons need be left with the demons need not fendant where service of the same is made personally, be left.

unless it is demanded by him; and unless so demanded, the officer serving such summons shall not be entitled to fees for a copy thereof.

$ 9. In addition to the cases in which, as now proviAltachments ded by law, creditors may sue their debtors by attachwhen allowed. ment before a justice of the peace, they may hereafter do

so whenever the debtor resides out of the county, and more than one hundred miles from the residence of the justice before whom suit is brought; which fact shall be set forth in the affida vit required to be filed with the justice.

§ 10. No final judgment shall be rendered against Garnishees. any garnishee except in cases of judgment by default, to

pay or deliver to the creditor of his debtor any other article or thing, in any other manner, or at any other time, than such garnishee would be obligated to pay such debtor; and whenever final judgment except in cases of judgment by default is rendered against any garnishee, it shall

conform to the provisions of this section. To not give

§ 11. No garnishee shall be required to give bond, bond unless

as directed by the 21st section of article 11 of the act of which this is amendatory, unless the justice, after exam ination, shall be satisfied that due proof has been made · of the facts required to be set forth in the affidavit specified in section 17 of said article.

§ 12. If the plaintiff, in any action of replevin hereIa replevin

after brought in the district court shall recover any damunless proper. ty worth $7 ages, he shall recover costs, unless it shall appear by the

appraisal of the property replevined that such property was not worth seven and one half dollars; in which case he shall recover no costs.

§ 13. Justices of the peace hereafter elected, shall Term of office. hold their offices for two years, and until their successors

are duly elected and qualified-they shall be chosen at the elections in 1844 as now provided by law, and bien

50.

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