Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1844-03-05

ter 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 deed from
any other person, and suit to recover such
lands and town lots or tenements, shall be in
sti,uted 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, writ of posses
sion shall be awarded by the court, provided
no permanent and valuable improvements
hive been made on such lands and tene-
men:s in good faith by the defendant. or
those under whom he claims, since the ex-
ecution of such deed, or since the execu-
ton of a like deed to those from whom he
claims as atoresl4, and before the com
mencement of said suit.
Sec. 2. If the defendant in any such
suit, against whom verdict may be found
shall claim that he, or any person or persons
through whom he claims title, has in good
faith, s.nce the execution of such deed or
deeds, and before the commencement of
said suit, made valuable and permanent i'm
| provements on the said lands or town lots.
| the court in which the said cause is tried,
shall cause an issue to be made up between
the parties forthwith, in which the defend
ant in the original suit shall be plaintiff, and
! the plaintiff in such suit shall be defendant:
and jury shall be empannelled at such
term, or at such subsequent term as the
CONT shall appoint, to try the issue so made
up, and assess the value of said improve
ments; and if they find that the plaintiff is
entitled to recover any sum for or on ac-
count of such Improvements, Judgment shall
be rendered for such sums as they shlll so
assess and award: Prorided, that nothing
in this act shall entitle any such defendant
to claim payment for any improvement made
prior to the passage of this act.
Sec. 3. If the plaintiff in the original
suit shall elect to pay the defendant in such
suit the value of such Improvements, as as
sessed by the jury, with interest thereon
| from the time Of such assessment, and costs
| of the suit for the assessment of the value
upon said premises and paid by said defend
ant, or those under whom he claims as afore-
slid, with interest thereon, within three
| years after the assessment of such dama-
ges aud final judgment redered thereon, the
court shall upon satisfactory proof of the
payment or the tender of the payment of the
same, award writ of possesso on; and if the
said plaintiff shall not pay, or offer to pay
the same within such time, he shall be deem
ed to have abandoned his claim of title to
the premises in question, and he and all ner.
sons claiming under him shall be Eotevel
! barred oI or recovery of the premises 50
claimed, but shall nevertheless be liable for
the costs of such suit for the assessment oil
such Improvements, and said defendant shall
not be liable to pay for the use or occupa-
ton of said premises dunng the time any
part OF such sums shall remain unpaid.
| Sec. 4. That the owner or claimant Of
any lands sold for the non-payment of anv
town, county or territorial tax. imposed there
on BY virtue of any law of this Territory
m1y redeem the same at any time before the
conveyance made on the sale of such taxes
shall be recorded in the registers office of
the county in which such lands are situated
This section shall take effect and be in force
on and after the first day of May next.
Sec. D. Whenever any person having a
lien upon real estate, by mortgage, Judgment.
or otherwise, shall pay any tax levied by viz
tue of any law of this Territory on 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 col
lectable upon foreclosure, or execution, in
the same manner as the original debt for
which such lien was given.
Sec. =. Any laws of this Territoy con-
travening the provisions of this act are here
by repealed.
Sec. 7. All actions now in progress in
the courts shall be conducted to their final
decision in the same manner as if this act
had not passed.
APPROVED January 30, 134l.
A