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Sec. 2. This act shall take effect from and after its passage.
President of the Council.
To provide for the removal of suits from the dis
trict court of Milwaukee county, and for other purposes.
Be it enacted by the Council and House of Representatives of the Territory of Wisconsin:
SECTION 1. That it shall be the duty of the judge of the Removal of third judicial district of the territory of Wisconsin, in all suits suits from
Milwaukee to and causes now pending in the district court of the county of Waukesha Milwaukee, in which an affidavit shall be presented to him, sworn before any officer authorized to administer oaths, made by the parties or either of them to any such suit or causes, or by the agent or attorney of either of such parties, that such parties or either of them reside in the county of Waukesha, accompanied with a written request or consent, signed by each of such parties, their agents or attorneys, that such suit or cause be removed for trial to the district court for the county of Waukesha, to make an order in writing, either in term time or vacation, for the removal of such sạit or cause to the district court for the county of Waukesha for trial,
Sec. 2. It shall be the duty of the clerk of the district Duty of clerk
court for the county of Milwaukee, in each suit or cause in to make tran. which such order is served on him, within six days after such script.
service, to make a copy of such order together with his certificate of the amount of costs which have accrued in the same in the district court for Milwaukee county, as taxed, designating the portion of costs which is for the fees of officers of the said court, and transmit the same, together with all process, pleadings, &c., in such suit or cause, to the clerk of the district court for the county of Waukesha, and the said costs shall abide the event of such suit in the said district court for the
said county. Causes how Sec. 3. It shall be the duty of the clerk of the district docketed.
court for the said county of Waukesha, to place each of such suits or causes upon the docket of causes for the first ensuing term of the district court for said county, together with all the minutes and entries in relation thereto as certified by the clerk of the district court for said county, together with all the minutes and entries in relation thereto as certified by the clerk of the district court for the county of Milwaukee, under the head of 66 causes removed from the district court of Milwaukee county," and said suits or causes shall stand in the same situation in respect to trial and continuance that they would stand in at the next term of the district court for the county of Milwaukee had they not been removed.
Sec. 4. In all executions issued upon final judgments renCosts of dis.. dered in such suits or causes, the clerk of the district court trict court of Milwaukee of said county of Waukesha shall command the sheriff to how collected
collect the amount of costs certified by the clerk of the district court of Milwaukee county, to have accrued against the defendants in such execution in said court, stating separately the sum to be collected for fees of officers of the district court for the county of Milwaukee.
Sec. 5. It shall be the duty of the sheriff of said county Costs to whom paid.
of Waukesha to pay to the clerk of the district court of Milwaukee county the sum or sums which he is commanded to collect as fees of officers of the district court for the county of Milwaukee as soon as the same are collected.
Sec. 6. It shall be the duty of all justices of the peace in the county of Waukesha, in all cases where appeals have been Duty of Justaken from judgments rendered by them since the ninth day tices of Wau
kesha. of November last, to file in the office of the clerk of the district court for the county of Waukesha, a transcript of the records and proceedings in such cases, as required by law in relation to appeals from justices' courts, and all such appeals shall be prosecuted to final judgment as in other cases.
Sec. 7. So much of section five of an act entitled “an act to provide for a division of the county of Milwaukee,” approved January 31st, 1816, as is inconsistent with the provisions of this act, is hereby repealed. Sec. 8. The official acts of the register of deeds of Wa'ul
Certain acts kesha county, since the second Monday of June 1816, are and records hereby confirmed, and all deeds and records in the office of confirme.I. the register of deeds of Milwaukee county from the said second Monday of June 1846, to the first day of January 1847, relating to property in the said county of Waukesha, are hereby declared to be valid and binding as if the act entitled “an act to provide for a division of the county of Milwankee," approved January 31st, 1846, had not been passed.
Sec. 9. The official acts of the several officers appointed
MASON C. DARLING,
President of the Council. APPROVED January 15, 1847.
To provide for the admeasurement of dower.
Be it enacted by the Council and House of Representatides
of the Territory of Wisconsin: Petition for
Section 1. That any widow who shall not have had her dower. dower assigned to her, within forty days after the decease of
her husband, may apply by petition to the judge of probate of the county in which the lands subject to dower lie. Such petition shall specify the lands in which the widow claims
dower, and a copy thereof, with a notice of the time and Notice to be place when the same will be presented shall be served at given. least ten days previous to its presentation upon the parties in
terested, or their guardians, where any such parties are mi
Sec. 2. Such notice may be served personally upon the Notice how served. parties or the guardian of minors in the manner required for
the service of process in the district courts, and if any of the parties are non-resident or cannot be found in the territory, service shall be made by publishing such notice for six successive weeks in some newspaper printed in the county, or if there be none, then in some newspaper at the seat of gov
ernment. When guardi. ans to be ap.
Sec. 3. When any of the parties are minors, and have pointed. no guardian, the judge of probate, on application of the wid.
ow, shall appoint some competent person, a guardian of such minors, for the sole purpose of appearing for, and taking care of their interest in such proceedings, and upon such guardian notice of the application for the admeasurement of dower, and all subsequent notices shall be served, whether
said minors reside in the territory or not. Admeasure. Sec. 4. Upon such application being made, and proof of ment of dow. er how made. service, the judge of probate shall, upon the hearing of the
parties, order that admeasurement be made of such widow's
dower of all the lands of her husband specified in such petition, and shall thereupon appoint three reputable freeholders, Commissioncommissioners for the purpose of making such admeasure- ers to set oft®
dower. ment, by an order which shall specify the lands, and the time when the commissioners shall report. And such commissioners before entering upon their duties, shall be sworn before some person authorized to take affidavits, that they will honestly and impartially discharge the duties and execute the trust reposed in them.
Sec. 5. If any of the commissioners so appointed shall die, resign, or neglect to serve, others may be appointed in their places.
SEC. 6. The commissioners shall admeasure and lay off Dower how as speedily as possible, one-third part of the lands embraced set off: in the order of their appointment, or what shall be deemed equal to one-third in value of such lands, when the same shall consist of more than one parcel, as the dower of such widow, designating the same by netes and bounds. They shall take into view any permanent improvements made upon the lands by any heir, guardian or other owner, since the death of the husband, or since the alienation thereof by such husband, and if practicable shall award such improvements within that part of the lands not allotted to such widow, and if not practicable so to award the same, they shall make a deduction from the lands allotted to such widow proportionate to the benefit she will derive from such part of the said improvement as shall be included in the portion assigned to her. They shall make a full and ample report of their proceedings, with the quality, courses and distances of the land Report when
made. admeasured and allotted by them to the widow at the time specified in the order of appointment: Provided, That the time for making such report may be enlarged, and the judge, by order, may compel such report, or discharge the commissioners neglecting to make the same, and appoint others in their places. Sec. 7. Such report shall be filed, and entered at large in Report may
be set aside or a book to be provided for that purpose, and the judge may on confirmed. good cause shown set aside said report, and appoint as often