Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1845-03-31

trusts in lands entered in pursuance of an act Of
congress, approved May 23d, 1874, entitled an
act for the relief Of the citizens Of upon the
lands of the United States under certain circum-
stances.
BE it enacted Jy he Council and House of Rep-
rssenfatires Of the Territory Of Wisconsin,:
Section I. That whenever any lands OF tn, u.
States situated in this Territory, shall have been
entered in pursuance OF the provisions and by viz
the oil the act OF Congress Of the United States,
approved May %. 1874, rnlitled an act tor The
relief oil the citizens nf towns upon the lands Of the
United States, under lcertan circumstan. es, and
patent shall have issued for such land, any person
who shall have settled upon and occupied such
land, as hereinafter mentioned NAV amply by peti
non 10 the District Court of the county in which
the land is situated, for the execution of said lrus,
In the manner hereinafter pro ided
Gee. < Such petition shall set forth desciip-
hon OF The premises, the ne mes OF the trustees and
occupants interested in the premises known 10 the
petitioner praying for the appointment of commits
soners, and shall be accompanied by AN affidavit,
oi The ruth thereof; copy oil such petition to-
grther with a notice TO be subscribed by the pet
ti"nei, that an application will he made to said
Court, on some certain day and time to be specified
therein. tor the appointment of said commissioners
shall be served on each Of the parties interested
named IN said petition, aud published in some
Newspaper printed IN said county, If any there be-
SuccCSslyeIE
prior to said application.
Sec. j. On presenting such petition and proof
oil suca service and publication. the Court shall
appoint three commissioners, each of whom shall
take an oath faithfully and hone,iIy to execute the
trust reposed in him, before entering upon the per
torrance OF his duty.
Sec. 4. Said commissioners or any tyvo of then,
snail rs soon as may be, giving first due notice of
their proceedings, proceed ascertain and deter.
NINE the claims and interests Of the occupants OF
such premises and Tor that purpose shall personally
examine the premises, and are authorized 10 Lear
evidence and examine witnesses on the part OF any
person interested, and to administer oa,hs, and
issue process 10 compel the attendance of witnesses;
ana such commissioners may cause a survey 10 be
made "i the premises and OF the improvements on
premises OF the occupant, and il they think proper
may lay out streets and have the premises subdivl-
ded into lots. In case of any entry already made
by virtue OF the Of Congress aforesaid the pre-
misses so described shall re set off by the said
commissioners TO su persons as shall have settled
upon ana been occupants OF the same at the date
OF the act o Congress aforesaid, and in case Of any
entry hereafter TO be made by virtue of said act the
premises so entered shall be set off 10 such persons
US shall have settled upon and occupied the same
tor three months preceding the time of such entry
In case OF disputed conflicting claims of any
portion OF sand premises, the respective ghts of the
claimants shall be determined, as near as may be-
he set of accordingly; in their shall be con-
fictng claims 10 The possession and improvements
at any part OF the premises which be equi,a-
bly, determined by a division of the same, or by
assigning 10 each claimant bis share in seveTay
the same shall be reported by the commissioners
TO the Court, II such report Is confirmed, the same
shall be sold under the direction of the Court by
the trustees holding the title to said premises, or
some proper officer ol the Court and the proceeds
thereof shall be divided among the several claim.
ants, according to their respective equities to b-
determined by the Court, evidence reported BY
said commissioners
Sec. 5. Said commits toner's shall. as soon as
may BIZ, make report OF their dongs together with
the evidence by them taken. TO the Court, which
unless set aside for cause, shall be confirmed and
decree and judgment be rendered establishing the
interest OF .he parties accordingly, aud directing
the conveyance of the same TO the parties respec-
lively, by the trustees holding the title to said
premises, upon the payment by each party of his
proportional share OF the costs of the SAID proceed
ings and OF the pur, h,se money OF said premises
and said Court shall further order and decree the
sale OF the residue Of the premises, not so SIT off
and ordered to be conveyed, and the division of
the proceeds thereof, herein before provided
first deducng the proportional share of The costs
OF the proceedings and the purchase money.
Sec. &. In case there shall be any portion of
the premises which shall not be settled upon or
occupied by any person, the same shall be SO re.
ported by the comm ssoners to the Court, and if
such report is confirmed, said portion of the prem
ses shall he sold at public auction, to the hi CHEST
bidder, and the proceeds of such sale over and
above one dollar and twenty-five cents per acre,
shall be paid into the treasury of such incorporated
town or place, II incorporated, ii not, OF the county
for the use and support of common schools.
Sec. 7. That liz Csc the Judge presiding in the
Court, IN which such proceedings may be had,
shall be the trustee in whose name the lands shall
have been purchased, such Judge shall not for that
reason be incapable OF, or excused from acting or
serving IN such cause or proceedings, either as
Judge or trustee. but shall execute such trust, and
execute convcyances OF the premises TO the several
parties entitled thereto under the judgment and
decree of said court, purchasers at the sale
thereof, under the order of the Coart in the same
manner as any Other person could be compelled to
execute the
Sec. 8. This act shall take effect from and after
It's passage.
Approved February %, 1915