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sentatives to have the same power.
value thereof from such principal debtor, it shall be lawful for such security, if action shall have accrued on any such contracts, as aforesaid, to require by notice in writing his creditor forth with to put the bond, bill, note, or other contracts by which he is bound as aforesaid in suit; who shall, within reason. able time, commence an action and proceed with due diligence to judgment and execution thereon ; and if such creditor shall fail or neglect to proceed as aforesaid, the said surety shall be discharged from the per
forrnance of said contract. Legal repre:
SECTION 2. That the provisions of this act shall be extended to the heir, executor, or administrator of any deceased security, against the creditor or his assignee, executor or, administrator, upon his compliance with the first section of this act; but nothing herein contained, shall be construed to extend to the official bonds of public officers, guardians, executors, adminis
trators, or bonds with collateral conditions. When security SECTION 3. That when any security, his heirs, exment on" motion, ecutors, or administrators, pays or discharges the debt
or contract of his principal, or part thereof, upon judg. ments rendered against him, he shall have judgment to recover the value or amount so paid or discharged, together with the interest and cost, upon motion in the court, where such judgment may have been rendered against such security, his heirs, executors, or administrators of such principal debtor, his heirs, ex
ecutors, or administrators. When co sure.
SECTION 4. That in case where there are two or more sureties to any bond, bill, note or contract, and one or more of such sureties are subjected by judg. ment of any court to the payment of the debt or damage by default of the principal obligor, and such obligor be insolvent, so that the amount or value thereof, cannot be recovered.of him, the court before whom such judgment may be rendered, shall upon motion of such surety, or sureties, grant judgment that they recover against all and every other co-sureties, their heirs, executors and administrators, for their, and each of their respective shares, and proportions, of the amount or value of such judgment, with damages and costs.
SECTION 5. That no surety, his heir, executor, or administrator shall be suffered to confess, or suffer
ties shall con. tribute.
judgment by default, so as to distress his principal, if When surety such principal will enter himself defendant to such not allowed to
confess judg. suit, and tender to such surety or his legal represen-ment. tatives, aforesaid, good collateral security, to be approved by the court before whom such suit is depending:
SECTION 6. That when the special bail of any When bail to judgment debtor, shall be indemnified by the payment upon motion. of such judgment, or part thereof, it shall be lawful for such bail, his executor, administrator or heir, to recover the amount of such payment with interest and costs, upon motion in the same court where judgment was rendered against such bail, or his legal representatives, of the said debtor, his heirs, executors or administrators.
SECTION 7. That in all proceedings by motion un- Ten days' noder this act, ten days notice of such motion shall be tice to be give given to the person against whom such judgment is to operate.
Approved January 12, 1838.
AN ACT to locate and establish a territorial road, from Fort How
ard to Fort Winnebago, on the west side of Fox river, and for other purposes.
SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That David appointed. Johnson, William Dickinson, R. M. Eberts, William White, William Powell, Corwell Pyre and Nathaniel Perry, be and they are hereby constituted, a board of commissioners to lay out and establish Territorial roads, as follows, to wit:
First-beginning at the mouth of Twin river on Location of lake Michigan, thence up the west branch of said riv- the several er to Neshoto, thence on the nearest and best route to the village of Green Bay, on the east side of Fox river. Second-beginning at the mouth of Kewaunee river of lake Michigan, thence the most eligible route to Rouse's farm on Green Bay. Third-beginning at Depere on the east side of fox river, thence on the most eligible route to the mouth of the Manitowoc river,
When the com-
thence the most eligible route to the mouth of the Sheboygan river. Fourth-beginning at Fort Howard on the west side of Fox river, thence the most eligible route up said river to the Grand Cacklin, thence, up on the west side of said river, the most eligible route to Little Butte des Morts, thence the most eligible route to Knagg's ferry on Fox river, thence the most eligible route to Powel's on Green Lake, thence the most eligible route to Marquette on lake Apuckaway, thence the most eligible route to some point near Pouquette's farm, where said road shall intersect the United States road running from Green Bay to Prairie du Chien. Fifth—beginning at Fond du Lac, from thence the nearest and best route to the seat of government of Wisconsin territory.
SECTION 2. The said commissioners, or a majority of them, shall meet at Green Bay, on the fifteenth day of March next, in pursuance of their duties under this act, and proceed so soon thereafter as may be, to lay out and establish said roads.
SECTION 3. Said commissioners shall be allowed the sum of two dollars per day for their services, and shall have power to employ a competent surveyor, and to pay him at their discretion, for surveying, marking and setting mile posts on said roads : provided, that such surveying, marking and setting mile posts, shall not cost more than th 'ee dollars per mile.
SECTION 4. It shall be the duty of the board doing county business in the counties through which these roads may pass, to allow and audit the accounts of the commissioners, and the sum shall be paid out of the treasuries of the said counties and no part of the expenses incurred or damages sustained shall be paid out of the territorial treasury.
SECTION 5. Said commissioners shall make a report of their doings under this act, and furnish to the clerks of the county board as aforesaid, copies of the same, as well as plats and field notes of the surveys as aforesaid; and the said clerks shall file the same in their respective offices.
SECTION 6. The said commissioners may divide the labor of establishing the roads aforesaid, any two of whom upon said division shall be sufficient for any one route.
SECTION 7. After the roads as aforesaid shall be es .
Counties to pay expenses.
tablished agreeably to this act, they shall be territorial When roads to roads to all intents and purposes, and they shall be be worked. opened and worked as such as fast as the inhabitants of the counties through which they run, shall by a majority of their votes at their annual township meeting. so decide.
Approved January 12, 1838.
AN ACT providing for the taking the second census or enumera
tion of the inhabitants of the territory of Wisconsin.
SECTION 1. Be it enacted by the council and house of Sheriffs to take representatives of the territory of Wisconsin, That the census. sheriffs of the several counties within the aforesaid territory (and their deputies) shall be and they are hereby authorized and required to cause the number of the inhabitants of their respective counties and districts of the territory to be taken, omitting in such enumeration Indians not taxed and who do not live as civilized white men; and omitting officers and soldiers of the regular army of the United States who are not actual and bona fide residents of this territory. For effecting which purpose the sheriffs aforesaid shall have
power to appoint as many deputies or assistants within their respective counties and districts as to them shall appear necessary, assigning to each deputy or assistant a certain division of his county or district, which division shall consist of one or more towns or townships of a district, plainly and distinctly bounded by water courses, mountains or public roads. The Oath. sheriffs and their deputies or assistants shall respectively take an oath or affirmation before some judge or justice of the peace resident within their respective county or district previous to their entering on the discharge of the duties by this act required. The oath or affirmation of the sheriff shall be: I, A. B., sheriff of the county of -, do solemnly swear or affirm, that I will well and truly cause to be made a just and perfect enumeration of all the persons resident within the county or counties, territory or district, [here insert the name of county, territory or dis
trict,) and return the same to the secretary of territory, agreeably to an act of the legislative assembly, en titled "an act providing for the taking the census or enumeration of the inhabitants of the territory of Wisconsin,” according to the best of my ability. The oath or affirmation of a deputy or assistant shall be: I, A. B., do solemnly swear or affirm that I will make a just and perfect enumeration of all persons resident within the division assigned to me by the sheriff of
and make due return thereof to the said sheriff — agreeably to the directions of an act of the legislative assembly, entitled “an act providing for the taking the census or enumeration of the inhabitants of the territory of Wisconsin,” according to the best of my abil
ties. Census, when to The enumeration shall commence on the first Mon.
day of May, in the year of our Lord one thousand eight hundred and thirty-eight, and shall close within thirty days thereafter: provided, that the enumeration in the counties of Crawford and Clayton may be com.
mence on the first Monday of March next, and shall Manner. be closed within ninety days thereafter. The several
deputies or assistants shall within the said times limited transmit or deliver to the sheriff by whom they shall be respectively appointed, accurate returns of all persons except Indians not taxed within their respective divisions, which returns shall be made in a schedule distinguishing in each township, parish or city, the several families by the names of their master, mistress
, steward, overseer or other principal person therein, in the manner following, that is to say the number of persons within my division consisting of - ap. pears in a schedule hereto annexed.
Subscribed by me this
county, W. T.