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Jones—both of the town of Burlington, county of Des Moines and territory, aforesaid, be and the same are hereby made null and void and of no effect to all intents and purposes, and that all property of whatsoever name, nature or description, now in any wise in the possesfion of the said Lucinda Jones, shall henceforth remain, solely and absolutely, the undivided property of the said Lucinda. And she shall have the entire control and management of the three youngest children, to-wit: Betsey Ann, John Wesley, and Sarah Malinda, in all respects whatever.
Approved January 15, 1838.
AN ACT to organize the county of Green.
SECTION 1. Be it enacted by the council and house of representatives of Wisconsin territory, That from and after the passage of this act, the county of Green shall, to all intents and purposes, be and remain an organized county, and be invested with full power to do and transact all county business, which any regularly organized county may of right do; and that for the purpose of electing the first county officers, the polls of election shall be opened at the house of Jacob Lybrand in the town of New Mexico, and thereafter at such times and places as are or may be prescribed by law.
SECTION 2. Be it further enacted, that the inhabi- County to pay tants of the county of Green aforesaid, are hereby re- ite portion of quired to pay to the county of Iowa, acording to the number of inhabitants, their equal proportion of the debts remaining unpaid by the county of Iowa.
SECTION 3. That the county treasurer of the county of Green shall audit and pay over to the sheriff of the county of Iowa, such sum as may become due to the county of Iowa, under the provisions of this act, out
that may come into the treasury of the said county of Green ; and the said sheriff is here. by required to pay the same into the treasury of the county of Iowa for the use of said county.
of the first
Attached to first SECTION 4. That the county of Green shall be atdistrict.
tached to the first judicial district. There shall be two terms of the district court held annually at the seat of justice in said county of Green. The said district court for the said county of Green shall have and enjoy all the power, right and duties which courts in the other counties of this territory have and enjoy; and sball be snbject to all the restrictions imposed upon said courts by the act entitled "an act for establishing judicial districts and for other purposes," passed at the first session of the legislative assembly; and that the courts hereby authorized to be held in the county of Green shall be held at the town of New Mexico, until otherwise ordered by law.
Approved Jan. 15, 1838.
AN ACT to provide for the collection of demands against boats and
Boat liable for
SECTION 1. Be it enacted by the council and house of supplies, labor, representatives of the territory of Wisconsin, as follows:
Every boat or vessel used in navigating the waters of this territory shall be liable, first, for all debts contracted by the master, owner, agent or consignee thereof, on account of supplies furnished for the use of said boat or vessel ; on account of work done, or services rendered on board of such boat or vessel ; or on account of labor done, or materials furnished by mechanical tradesmen or others, in and for building, repairing, fitting out, furnishing, or equipping such
boat or vessel. Second, for all sums due for wharfage, For wharfage.
or anchorage of such boat, or vessel, within this territory. Third, for all demands or damages accruing
from the non-performance or mal-performance of any For non-fulill. contract of affreightment, or any contract touching the
transportation of persons or property, entered into by the master, owner, agent or consignee of the boat or ves
sel on which such contract is to be performed; and For injuries fourth, for all injuries done to persons or property by done by boat. such boat or vessel.
ment of con. tract.
SECTION 2. Any person having a demand as afore- Suit may be in. said, instead of proceeding for the recovery thereof the boat by against the master, owner, agent or consignee of a name. boat or vessel, may at his option, institute suit against such boat or vessel by name. SECTION 3. Any plaintiff, wishing to institute suit Mode of pro
ceeding. against a boat or vessel, shall file his complaint against such boat or vessel by name, with the clerk of the district court of the county in which such boat or vessel
SECTION 4. The complaint shall set forth the Complaint. plaintiff's demand in all its particulars, and on whose account the same accrued. It shall be verified by the affidavit of the plaintiff
, or some credible person or persons for him, and shall stand in lieu of a declaration.
SECTION 5. Whenever any complaint as aforesaid, Warrant. shall be filed in the office of the clerk of the district court, it shall be his duty to issue a warrant, returnable as a summons, directing and authorizing the sheriff to seize the boat or vessel mentioned in the complaint, and detain the same in his custody, togeth. er with its tackle, apparel and furniture, until discharged from such custody by due course of law.
SECTION 6. Upon the return of any warrant issued Proceedings by virtue of the preceding section, proceedings shall thereon. be had in the district court against the boat or vessel sued, in the same manner as if suit had been instituted against the person on whose account the demand accrued. SECTION 7.
The master, owner, agent or consignee Who may ap. of the boat or vessel may appear ou bebalf of such pear and plead. boat or vessel, and plead to the action.
SECTION 8. The district court may by rule pre- Court to make scribe the time and manner of pleading, of exhibiting or filing papers, or taking any needful step in any suit to be commenced under this act, when the time and manner is not prescribed by this law.
SECTION 9. If the master, owner, agent or con- Boat dischargconsignee shall, before final judgment in any suit in- bond. stituted by virtue of this act, give bond to the plaintiff with sufficient security, to be approved of by the court, or the judge or clerk thereof in vacation, conditioned to satisfy the amount which shall be judged to be owing and due to the plaintiff in the determination of
When boat to be sold.
When execution to issue stadost princi
the 'suit, together with all the costs accruing, such boat or vessel with the tackle, apparel and furniture belonging thereto, shall be discharged from further detention by the sheriff
. SECTION 10. If judgment shall be rendered against any boat or vessel in favor of the plaintiff, the court shall make an order, directed to the sheriff, commanding him to sell such boat or vessel, together with its tackle, apparel and furniture, to satisfy the judgment and all costs that may have accrued in the cause ; which order shall be executed and returned in the same manner as executions.
SECTION 11. If bond and security shall have been
entered into, according to the provisions of the ninth pal and surety. section of this act, and judgment shall have been
rendered in favor of the plaintiff, execution shall be issued for the amount of judgment and costs, in favor of the plaintiff, against the principal and security in
such bond. When justices
SECTION 12. Justices of the peace, within their to have juris respective counties, shall have cognizance of all cases
arising under this act, wherein the demand claimed shall not exceed the jurisdiction of a justice of the
peace. To be regulated
SECTION 13. In all their proceedings, justices of by this act. the peace shall conform to the provisions of the law
governing justices courts, and as near as may be to the provisions of this act as apply in the district
court. Proceedings be.
SECTION 14. Each warrant issued by a justice of fore justice to be the peace under this act shall be returnable forthwith,
and upon the return of such warrant it shall be the duty of the justice of the peace, to hear and determine
the complaint of the plaintiff in a summary manner. Warrants, how SECTION 15. All warrants issued by this act, shall
be served and returned, as writs of attachment are served and returned.
SECTION 16. Whenever an order of sale shall be boat may be made for the sale of a boat or vessel, with its tackle,
apparel, and furniture, the sheriff or constable shall have power to sell such part thereof, or such interest therein, as shall be necessary to satisfy the amount of the judgment rendered in favor of the plaintiff, and all the costs that may have accrued.
SECTION 17. Upon good and sufficient cause shown
served and returned.
Part of the
by the master, owner, agent, or consignee of any boat continuance or vessel sued under this act, the court or justice of not to discharge the peace may grant continuance of the cause; but no such continuance shall operate as a discharge of such boat or vessel from the custody of the sheriff or constable.
SECTION 18. No continuance of a cause under this act shall be granted to the plaintiff.
SECTION 19. Sheriffs, constables, and other officers Fees. shall receive the same fees and compensation for their services under this act as are allowed them in cases of suits of attachment.
SECTION 20. In all cases arising under this act if Appeals. judgment shall have been rendered in favor of a plaintiff, the master, owner, agent or consignee of the boat or vessel, or other person interested, may appeal from the judgment, or sue out a writ of error, as if they or either of them had been sued.
SECTION 21. All actions against a boat or vessel under the provisions of this act, shall be commenced actions. and sued within six months after the cause of such action shall have accrued : provided, that one year shall be allowed for the commencement of suits under this act in any of the counties bordering upon Lake Michigan.
Approved Jan. 15, 1838.
AN ACT concerning debtors and their securities. SECTION 1. Be it enacted by the council and house of the security representatives of the territory of Wisconsin, That when a note, &c. may any person bound as security by bond, bill, note or er to prosecute otherwise, for the payment of money or performance when due. of a contract, shall apprehend that the principal debtor, for whom he is bound, is likely to become insolvent or migrate from this territory, without previously satisfying or discharging such debts due, demand, or obligation, so that it will become impossible, or difficult, for such security after paying, satisfying or discharging such debts due, or demand, to recover the