five days before the return day thereof, by reading the same to the defendant, or leaving a copy at his place of abode; and the said justice shall al o issue a precept, to the sheriff, or any constable, commanding him. to cause to come before him the said justice, twelve discreet men, of lawful age, and who shall be qualified to serve as jurors, on trials, in district courts of the vicinity, at the same time and place, appointed for the trial or hearing of the said complaint; and if a sufficient number of persons summoned do not appear, the said justice may order the sheriff or constable to complete the number, by returning others forthwith. And the jury empaneled, shall be sworn well and truly to try the forcible entry or detainer, complained of, and to return a true verdict thereof. And if the jury, after a full hearing, find the person against whom the complaint is made, guilty of the forcible entry or detainer, complained of, they shall all sign their verdict, and deliver the same to the said justice, who shall thereupon enter judgment for the complainant, to have restitution of the premises, and shall impose such fine not exceeding dollars, considering all the circumstances, as he may deem just, and shall tax the costs for the complainant, and may commit the person against whom judgment is so entered, until the fine and costs be paid, and the said justice shall award a writ of restitution. But if the jury find, that the person complained of is not guilty, the complaint in their opinion not being supported, the said justice shall tax the costs against the complainant, and issue execution accordingly.

SECTION 5. And if the jury summoned, and em- When jury to paneled, as aforesaid, cannot agree upon a verdict, be discharged. the justice, before whom the trial is pending, may discharge the same, if in his opinion they are not likely to agree upon a verdict, and issue a summons return. able forthwith, for the purpose of empaneling a new jury.

does not appear.

SECTION 6. The sheriff, or constable, shall return Trial ex parte to the said justice, the summons and precept as afore- when defendant said, on the day assigned for trial, and shall state, on the back of said summons, how the same was served, and on the back of said precept a list of the names of the jurors. And if the defendant does not appear, the justice shall proceed to try the said cause ex parte,

Treble damages recoverable.

Persons holding over, how proceeded against.

Within three

years.

or may in his discretion postpone the trial, for a time, not exceeding ten days. And the said justice shall also issue subpoenas, for witnesses, and proceed in the trial of said cause, as in other cases of trial by jury.

SECTION 7. That the complainant of any forcible entry, or detainer, as aforesaid, who shall recover against the person complained of, as aforesaid, shall also be entitled to recover treble damages, with costs of suit, by an action of trespass against the offender or offenders, to be brought before the court having jurisdiction thereof: provided always, that nothing in the foregoing part of this act, shall be construed to extend to any person or persons, who have had the quiet, peaceable and uninterrupted occupation of any lands, tenements or other possessions, otherwise than by demise or lease, for the period of three whole years, next before the entering of such complaint; any thing in this act to the contrary notwithstanding.

SECTION 8. That when any person shall wilfully, and with force, hold over any lands, tenements or other possessions, after the determination of the time. for which they are demised or let, to him, or her, or to the person under whom he or she claims, or contrary to the conditions or covenant of the lease or agreement, under which he, she or they hold, or holds; or when any person wrongfully, or without force, by disseizing, shall obtain, and continue, in possession of any lands, tenements, or other possessions, and after demand made in writing for the delivery of the possession thereof, by the person having the legal right of such possession, his agent or attorney, shall refuse or neglect to quit such possession, upon complaint thereof to a justice of the peace, said justice shall proceed to hear, try, and determine the same, in like manner, as in cases of forcible entry and datainer, and issue a writ of restitution accordingly: provided always, that the justice shall have no power to assess a fine on the party complained of.

SECTION 9. That the preceding section, shall not extend to any person, who has or shall have continued in possession three years, after the termination of the time for which the premises were demised, or let, to him, or her, or those under whom he or she claims; or to any person who continues in possession three

years quietly, and peaceably, by disseizure, any thing therein contained to the contrary notwithstanding.

SECTION 10. That the complainant shall be entitled to any action of trespass against the person complained of, and who shall be found guilty on the trial, and may recover treble damages from the time of notice given. to quit the premises, and until that time damages only.

SECTION 11. If either party shall feel aggrieved by Appeals. the verdict of the jury, or the decision of the question, on any trial had under this act, such party, within sixty days thereof, may have an appeal to the district. court, to be obtained in the same manner, and tried in the same way as appeals from justices of the peace in other cases: provided, however, that in no cases, shall an appeal operate as a supersedeas, to any writ of restitution that may be issued by said justice; and the district court, on giving judgment to the appellant, shall award a writ of restitution, and execution for costs, including the costs before the justice; and if judgment be for the defendant, he shall recover costs in like manner and have execution for the same. Approved, Dec. 26, 1837.

No. 12.

AN ACT to locate the seat of justice of Rock county, in this territory.

SECTION 1. Be it enacted by the council and house of representatives of Wisconsin territory, That from and after the first day of July next, the seat of justice of Rock county, shall be, and the same is hereby established on the fraction of land, on the east side of Rock river; it being a part of the northwest quarter of section thirty-six, in town three north, of range twelve east, of the fourth principal meridian. Approved, Dec. 27, 1837.

13.

Milwaukee com. pany.

AN ACT to incorporate the Milwaukee and Racine Mutual Fire Insurance company.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That George D. Dousman, William Brown, John Y. Smith, Allen O. F. Breed, Horace Chase, Brazilla Douglas, Enoch Chase, James Sanderson, John Ogden, David S. Hollister, Luther Childs, Sylvester W. Dunbar, Jeremiah Lander, Joseph Sherwood, Hubbell Loomis, Lewis J. Higby, William Paine, Allen W. Hatch, Asa Kinney, Henry Miller, James B. Miller, Solomon Juneau, William M. Dennis, H. Higgins, George W. Willard, Elisha Starr, A. Sidney Hosmer, John Gale, Henry Williams, Hans Crocker, J. K. Lowry, George S. Willis, William N. Gardiner, Joshua Hattaway, jr., Albert Fowler, Philander Bird, Thomas J. Noyes, Benjamin H. Edgerton, James Rogers, Jacob M. Rogers, Wm. Shor, Samuel Hinman, Benona W. Finch, Enoch Darling, Silas Juneau, J. Fowler, jr., George Reed, Andrew J. Veaux, Jared F. Ostrander, L. Blanchard, William Nobles, William R. Langstreet, Charles W. Leland, Ira Stewart, William P. Proudfit, Byron Kilburn, S. W. Cowles, Henry M. Hubbard, Thomas Sanburn, Chauncy H. Peak, Samuel Brown, Morris Pixley, A. Foster, Daniel H. Richards, Paul Burdick, David Curtis, William A. Prentis, William Gorham, J. A. Laphand, Owen Aldrich, Cyrus Hawley, P. W. Leland, Augustus Peters, C. D. Fitz, Levi Veil, Samuel Sanburn,, Sylvester Pettibone, N. F. Hyer, John P. Hilton, Jonathan G. Arnold, L. J. Barber, Philip Schuyler, George J. Goodhue, Robert Masters, John Mandeville, Thomas Brayton, William Holmes, William A. Kellog, William P. Cully, Pleasant Field, A. F. Pratt, Charles P. Everetts, T. C. Dousman, William A. Webber, Hugh Wedge, Byron Girvin, James Ross, William Burdick, S. Evans, H. H. Branan, John W. Pixley, George S. West, Alfred Orendolf, George Bowman, and their associates, and all such persons, as shall hereafter have property insured by said company, shall be, and hereby are, ordained, constituted and declared, to be a body corporate and politic, in fact and in name, by the name of "the Milwaukee mutual fire insur

ance company," for the purpose of insuring their respective dwelling houses, stores, shops, and other buildings, household furniture, and merchandise, against loss or damage by fire. Also, Elisha Smith, Amasa Racine compaStebbins, Stephen N. Ives, Marshal M. Strong, Wm. y. H. Waterman, Joseph C. Knapp, Seth F. Parsons, Charles Smith, Henry F. Cox, jr., Albert G. Knight, Enoch Thompson, John M. Myers, Samuel C. Pond, Jonathan M. Snow, Consider Heath, Alfred Cary, B. B. Cary, Eugene Gillespie, William Luce, Isaac Butler, Henry F. Janes, Levi Godfrey, George E. Duncan, Loddock Newman, James Strong, Alva Newman, Thomas Butler, Louis G. Dole, Paul Kingston, Condy K. Alton, Sidney A. Sage, Jonathan Pratt, Samuel Lane, Walter Cooly, Wm. Chamberlin, Stephen Sage, Lucius R. Hurlbert, Samuel Hale, jr., Jesse. Foster, Fellows & Pool, Edmund Weed, Lorenzo Jones, Gilbert Knapp, Charles Durkee, Norman Clarke, Isaac Harman, A. D. Eveland, Charles Blake, Mason Flint, Samuel Knight, E. S. Capron, Jeremiah Walker, Eldad Smith, Elisha Smith, and their associates, and all such persons as shall hereafter have property insured by said company, shall be, and hereby are, ordained, and constituted, and declared, to be a body corporate and politic, in fact and in name, by the name of "the Racine mutual fire insurance company," for the purpose of insuring their respective dwelling houses, stores, shops, and other buildings, household furniture, and merchandise, against loss or damage by fire. And each of the aforesaid companies, or corporations, shall conform to the requisitions of this act, as herein, after prescribed.

Persons obtain

be members.

SECTION 2. Every person, who shall at any time become interested in either of said companies, by in- ing insurance to suring therein, and also his heirs, executors, adminis trators and assigns, continuing to be insured therein, as hereinafter mentioned, shall be deemed and taken to be members thereof, for and during the terms specified in their respective powers and no longer, and shall at all times be concluded and bound, by the provisions of this act, and that the property and concerns of said corporation shall be managed and conducted by a board of thirteen directors; and that George D. Dous- Directors. man, Henry Miller, Allen Hatch, L. J. Higby, B. H. Edgerton, David S. Hollister, Jeremiah Lander, Luth