Claims to land.

Suits when commenced.

AN ACT relating to real actions, and for other purposes.

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

§ 1. Whenever any person claims title to any lands, or town lots and tenements, under, through, 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 payment 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 suit to 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 valuable improvements have been made on such lands, and tenements in good faith by the defendant, or those under inencement of whom he claims since the execution of such deed, or since the execution of a like deed to those from whom he claims as aforesaid, and before the commencement of said suit.

Jury may find.

Writ of pos

ded.

Before com.

suit.

Defendant

claims improvement made.

made up.

§ 2. If the defendant in any such suit, against whom a verdict may be found, shall claim that he, or any person or persons through whom he claims title, has in good faith, since the execution of such deed or deeds and before the commencement of said suit, made valuable and permanent improvements 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 forthwith, in which the defendant in the original suit shall be plaintiff, and the plaintiff in such suit, defendant; and a jury shall be empannelled at such terms, or at such subsequent term as the court shall appoint, to try the issue so made up, and assess the value of said improvements; and if they find that the plaintiff is entitled to recover any sum for or on account of such improvements, judgment shall be rendered for such sum as they shall so assess and award: Provided that nothing in this act shall entitle such defendant to claim payment for any improvements made prior to the passage of this act.

Jury to be em. pannelled.

Proviso.

provements

§ 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 the time of such assessment and cost of the suit for the assessment of the value of such improvements, and all taxes assessed upon said premises, and paid by said de- And all tax fendant or those under whom he claims as aforesaid,

with interest thereon within three 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 tender of the payment of the same, 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 deemed to have abandoned his claim of title to the premises in question, and he and all persons claiming under him shall be forever barred of a recovery of the premises so clained, Barred of rebut shall, nevertheless, be liable for costs of such suit for the assessment of such improvements, and said defendant shall 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 tax, imposed thereon by virtue of any law of this Ter

covery

ritory, may redeem the same at any time before the con- May redeem veyance made on the sale of such taxes, shall be recorded from sale for in the register's office of the county in which such lands tax.

are situated. This section shall take effect and be in

force on and after the first day of May next.

in lien.

§ 5. Whenever any person having a lien upon real estate by mortgage, judgment, or otherwise, shall pay any tax levied by virtue of any law of this Territory on Who included such real estate, or shall redeem the same from any tax sale, the sum thus 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 such lien was given.

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

pealed.

Actions in

§ 7. All actions now in progress in the courts, shall be conducted to their final decision, in the same manner saine manner. as if this act had not passed. APPROVED, January 30, 1844.

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 Legislative Assembly shall commence on the first 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 23d March, 1843, is hereby repealed.

APPROVED, January 24, 1844.

Bond when

Judgment for

AN ACT to amend an act entitled "An act concerning justices of the peace." and for other

purposes.

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

§ 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 same recorded. § 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 surety 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.

surety.

Shall plead and file bill

particulars.

Continuances.

§3. Upon the return of any process, each party shall put in his pleadings, and give a bill of particulars of Lis deof mands, if required by the justice or opposite party; the justice shall then, upon the application of either party, without requiring cause to be shown, adjourn the case for such time as may be required, not exceeding one week; but if sufficient cause be shown on oath, by either party the justice 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 in a cause on the return day of the original process issued

cess or witness.

therein, nor for the service of any subpoena issued therein No charge for returnable 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 ness.

return day.

COSS or Wit

peal.

or both $$100

may appeal.

§ 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 shall exceed fifteeen dol- $15 may ap 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 fifty dollars, or the exceeds $50 claims of both parties, as proved on the trial, shall exceed 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 sums 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 case. entitled an act, concerning justices of the peace, as will be necessary to carry the provisions of this section into 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 proceedings 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 judgment and costs of appeal, must be entered into, with one or more sureties, to be approved by the justice.

Section re

tained.

retain testimo.

ny.

Justice not to

hold office

§ 6. No acting justice of the peace shall hereafter hold his office in the same room with any practicing attorney, unless such attorney shall be his partner; and in with lawyer. that case, such partner shall not be permitted to appear or practice as attorney in any case tried before him. § 7. Section eight of an act entitled "an act to amend

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

to remove

causes.

Copy of sum.

mons need not be left.

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. § 8. No copy of summons need be left with the defendant where service of the same is made personally, 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 proviAttachments 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 affidavit 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 bond unless

In replevin ty worth $7

unless proper.

50.

§ 11. No garnishee shall be required to give bond, as directed by the 21st section of article 11 of the act of which this is amendatory, unless the justice, after examination, 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 hereafter brought in the district court shall recover any damages, 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