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SECTION 5. The said commissioners are hereby Partly on credit. authorized to sell, at any time after the sale made as provided in the fourth section of this act, any lot or lots on condition that the same shall be improved by building thereon a house, barn or other respectable building, on a credit until the county is organized: provided, that the sale so made shall not extend to more than one-third of the lots remaining after the sale provided for in the fourth section of this act, and that the lots so sold shall be equally distributed over the plat so that not more than two lots shall be adjcining each other.

deeds given.

SECTION 6. The said commissioners are hereby au- Warrantee thorized to make out and sign warrantee deeds in the name of the county, by virtue of their office; and all deeds so made out and duly acknowledged by the said commissioners, or a majority of them, shall ever be binding, and vest a good and sufficient title in the person or persons purchasing the same.

veyed.

SECTION 7. In all cases where lots are sold on a When sold on credit, the commissioners shall give a bond for a deed credit how conto the person or persons purchasing the same, condiditioned that if the lot or lots so sold are paid for according to the provisions of the bond, the county shall make, or cause to be made, a good and sufficient title to the same. And in all cases where a lot or lots are sold on a credit, the interest on the money to be paid for the same shall be paid annually in advance. And no one person shall be allowed to purchase more than eight lots on a credit, or otherwise, after the first sale, as provided for in the fourth section of this act; and all bonds given by said commissioners, by virtue of their office, for the sale of a lot or lots, shall be consid ered binding in said county in all respects therein contained.

SECTION 8. The said commissioners before they commissioners enter upon the duties office, shall give a bond each to give bond. with approved security, conditioned for the faithful discharge of the duties of their office, in the penal sum Their pay. of two thousand dollars. And they shall be entitled to receive for their services three dollars per day each, while necessarily employed. The bonds before named shall be approved of by the clerk of the district court of Milwaukee county and filed in his office for the use of the said Jefferson county.

When to make

settlement.

SECTION 9. At the first session of the board of county commissioners, after the organization of the said Jefferson county, or any other board that may be provided by law hereafter for doing county business in the said county, the said commissioners, as before named, shall make a settlement of their accounts with said board, and pay over all moneys that may be due the county from said commissioners; and also deliver to said board all books, papers and documents belong. ing to said county, or in any wise appertaining to the affairs of said seat of justice as provided for in this

act.

Approved January 12, 1838.

No. 35.

AN ACT for the benefit of the towns of Bellevue and Peru in the original county of Du Buque.

WHEREAS an act of congress entitled "an act to amend an act entitled 'an act for laying off the town of Fort Madison and Burlington, in the county of Des Moines, and the towns of Bellevue, Du Buque and Peru, in the county of Du Buque, and Mineral Point, in the county of Iowa, territory of Wisconsin;'" approved March 3d, 1837, among other provisions provides, that all public lots in said towns shall be sold as other lands are, and authorizes the receiver of pub lic money to pay into the hands of the trustees of the different towns the surplus remaining, after paying all the necessary expenses incident to the commission, survey and sale of said town lots.

AND WHEREAS, by an act passed at the first session of the legislature of Wisconsin territory entitled "an act to incorporate the inhabitants of such towns as wish to be incorporated;" approved November 6th, 1836, it is provided, that each and every town containing not less than 300 inhabitants, may incorporate themselves according to the provisions of that act. And whereas the towns of Bellevue and Peru mentioned in the above recited act of congress, have not a sufficient population to enable them to incorporate

themselves, under the aforesoid act of incorporation, and consequently are deprived of receiving their proportion of the sales of said town lots, for the want of authorized trustees; therefore,

themselves.

SECTION 1. Be it enacted by the council and house of Authorized to representatives of the territory of Wisconsin, That the incorporate towns of Bellevue and Peru, in the original county of Du Buque, are hereby authorized to elect trustees for said towns, and to be goverened in all respects according to the provisions of the said act of incorporation; and to have the same privileges and to do all things which any other incorporated town can or may do, under the provisions of the said act, any thing in any other law to the contrary notwithstanding. Approved Jan. 12, 1838.

No. 36.

AN ACT to divorce Louisa Ann Sibley from her husband, William
T. Sibley.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That the bonds of matrimony, heretofore and now existing be tween Louisa Ann Sibley, and her said husband, William T. Sibley are hereby dissolved; and all obliga tions arising from said marriage contract are hereby made null and of no effect. And the said Louisa Ann is hereby restored to all the rights and privileges of a femme sole. And the said Louisa Ann is hereby authorized to resume her maiden name of Louisa Ann Rollins.

Approved January 12, 1838.

No. 37.

AN ACT to abolish imprisonment for debt, and for other purposes.

SECTION 1. Be it enacted by the council and house of p. representatives of the territory of Wisconsin, That all laws which authorize a capias ad satisfaciendum to be

When a capias may issue.

How person confined upon

be liberated.

issued against the body or bodies of any debtor or debtors, shall be, and the same are hereby repealed.

SECTION 2. Hereafter no person or persons shall arrested upon any original or mesne process, or required to give bail, unless upon an affidavit being filed with the clerk of the court, or justice of the peace from which such process is to be issued, stating that the plaintiff or plaintiffs verily believe that the person or persons, against whom such process is about to issue will leave this territory, or move his property out of the same before judgment can be obtained, or otherwise abscond, so that the process of the court after judgments cannot be executed; and upon such affidavit being filed, the clerk shall endorse that bail is required, and in what sum.

SECTION 3. From and after the passage of this act, execution may any person or persons who have been committed to close jail, or to the bounds upon order requiring bail, or any capias ad satisfaciendum, may, upon giving reasonable notice of such application to the person or persons at whosesuit he or they may have been committed, or to his, her or their agent or attorney, in fact or at law if any such may be in the county, if not, upon filing notice in like manner, in the office of the clerk of the court from which such process issued, apply to a justice of the peace for his discharge; and upon such justice being satisfied that the person or persons so applying is or are confined upon civil process, the said justice shall issue an order to the jailor to discharge such person or persons from custody; and upon such person or persons being discharged under the provisions of this act, the plaintiff or plaintiffs, or person or persons beneficially interested in said demand, in the execu tion of which the person or persons so discharged may have been in custody, may have a new execution against the property of such person or persons so discharged, without suing out à scire facias to revive his judgment.

How persons arrested may take the benefit

act.

SECTION 4. When any person or persons arrested under an order requiring bail, or a writ of ne exeat, of the insolvent shall desire to be discharged from custody by taking the oath prescribed by the act for the benefit of insolvent debtors, it shall be lawful for such person or persons, upon giving reasonable notice to the party at whose suit he, she or they were arrested, his agent or attorney,

if in the county, if not, upon filing such notice in the office from which was issued the process by virtue of which he, she or they may be in custody, of the time and place of such application, to apply to a justice of the peace for his, her or their discharge; and upon rendering a schedule of his, her or their property, and taking the oath aforesaid, the justice of the peace shall issue an order to the officer in whose custody such person or persons may be to discharge him or them, and the property contained in such schedule shall be vested and disposed of in the same manner, and the same proceedings shall be had thereon as are now authorized in the case of insolvent debtors.

SECTION 5. That when any person may be held to Condition of bail in any civil action, the undertaking of the bail bail bonds. shall be that the defendant or defendants shall not remove, his, her or their effects out of this territory, until the plaintiff's judgment if one shall be recovered is discharged.

to proceed against bail.

SECTION 6. That upon a return of no property How and when found on any fieri facias directed to the proper county, it shall be lawful for the plaintiff to cause a scire facias to issue against the bail, suggesting that the defendant or defendants have removed his, her or their effects out of this territory; and should the bail not answer to the scire facias upon the due execution thereof, or should it appear to the satisfaction of the court upon issue joined, that the defendant or defendants hath or have removed his or their effects out of this territory, after the undertaking of such bail, and that the plaintiff's judgment remains unsatisfied, judgment of execution shall be awarded against the bail for the amount of the original judgment, or so much thereof as may remain undischarged.

SECTION 7. That a return of "not found" upon two writs of scire facias directed to the proper county, shall be considered a due execution of the scire facias authorized by this act.

that defendant

SECTION 8. That upon the trial of any scire facias Bail may prove herein directed to issue, the defendant or defendants was insolvent. shall be allowed to plead and prove that the defendant or defendants in the original action, was, or were insolvent at the time said bail was given, and if that fact be proven, it shall be adjudged a good defense. Approved January 12, 1838.

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