Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1864-03-30

upon is in the actual occupancy for agricultural
purposes of said lands, and has made improve
menis thereon to the value of ten dollars per forty
acres Such Certificate shall be signed by the pc
son ming the presumption, and the truth of such
certincate signed and sttested, shah be acknowi-
edged by the party signing the same, before some
person authorized to take the aeknoaleds ~ of
deeds, and the same sal be recorded IN the office
/ OF ths register OF deeds of the county in which
the lands described in such certificate situated
and any claimant of unsu-veyed or unpatented
lands, may describe the same by metes and bounds
! carefully defined, aud in addition to the certificate
herein referred parol evidence shall be
that said lands are swamp or oyerfowed lanas
Sec. s. The register {registers1 of deeds of the
several counties is this state. shall record such
tincates in book to be kept by them for that pur
pose, and they shall receive the same fees for
eording such certificates, they are authorized TO
/ receive for the re cordug OF de eds.
sec l. Each and every person who shall have
caused certificate of his or her pre- emption claim
70 De made, at'rstsd and recorded, provided in
section two of this chapter shall De entitled the
exclusive possession OF the lands therein described
until such time as the same ehall be brought into
market Tor sale, until he she shall have for
feit-d his or her right such pre- emption and
fuch certificate, the record thereof or a eert-
nec Transcript of the record thereof shall be suf
cient evidence OF title enable person making
the to maintain any action or actions aga,psf
any person or persons in any court of competent
Jurs siction for any tr-spass injury done such
lands, or TO any buildings or improvements there
on, CT 10 the timber, grass grain other products
sro"ins or oelns thereon, or any proper action
proceeding TO recover possession thereof.
see. . All the lands men TONED this chapter.
shall be sold by the commissioners of school and
university lands, whenever they shall deem 1t ex-
peaient TO do SO. Such sales shall be conducted
10 manner provided by law for the sale OF school
ana university lands, far said provisions may
be applicable to and not Inconsistent with pro-
Visions o. this chapter
9. In all cases of pre-emption under the
provisions OF this chapter, the pre-emptor SHALL
have the right purchase in virtue of such pre-
empuon, one hundred and sixty acres of the lands
msntioned In this chapter, and pre-empted, Al
one dollar AMI twenty-hv cents per Any per-
rSshf nF
JANUS mentioned in this chapter, under any of the
laws OF this state in force prior to the first day OF
July, one thousand eight hundred and fifty-seYen,
uaiess such right Of Presumption has been forfeit
ed py the neglect of the pre-e mptor to comply
with the provisions of any such law, shalt have
the right to purchase such land in the manner
provided in this chapter
Sec. 7. Every pre-enptor shall, by the affidavit
OF at least two credi ole and persons
prove that he or she has complied with the proyi-
SONS of this chapter; of the law of this state in
force at the time the presumption claim made
Such affidavit shall be taken before some person
authorized to administer oaths, and when con plet-
sd,sbal be filed with the register ofthe eeds OF the
county wherein such enpted lands lie or of the
county TO which it may be attached for county pur-
poses. Such register shall demand of or on be-
hah OF every such pre-emptor, make out a true and
complete copy OF such affidavit afore said and of
the declaratory statement of such pre-emptor as
aforesaid. aud his official signature shall GER
thy 70 the correctness and completeness thereof
in the sans manner by law required to mase
copies OF che record of deeds evidence. Copies OF
such decIaTatory statement aad affidavit certif.d
as aforesaid, shall be by behalf Of such pre-
emptor, filed with the secretary of state, and the
whole purchase money paid at least days prior
TO the time appointed tor the sale of the swamp
and overlooked lands, in the county where such
pre-empted lands lie. A neglect to comply with
the provisions of this chapter, shall deemed and
Is hereby declared to be waiver surrender an d for
eiture of all rights 20 said lands, in of pre-
emption rights.
Sec. s Either the secretary OF state state treas
urer or attorney general, any pre-em guion claim
ant. or the contestant eff such claimant, may pro-
coed, by way of appeal, circuit court Of the
county wherein is situated of said
overlooked lands claimed by pre-empticn rights
aud in such court have the presumption right claim
determined by jury. In all such appeal pr ce ed
ings, the appellant shall, within sixty days after
the copies of the statements aud aidavIts men
toned in section seven of this chapter, are fled
with the secretary OF state, procure certified
copy thereof from the said secretary of state. and
file the same in the circuit to which the ap-
peal is taken, ana the circuit court shall make
rules resembling the mode of procedure on such
appeals If on appeal, the right cned pre- -emption
shall be determined against the prescription claim
ant, then in that and every such case, the state
treasurer shall refund to such claimant his heirs
executors administrators, the purchase money
paid by him for the lands by him claimed
Sec. 9. It shall be the duty Of the commission
ers OF school and university lands, adopt with
out appraisal or survey. the lines, boundaries and
descriptions OF the United States survey exhibit
ed by the plats add field notes of the swamp and
overlooked lands, and which plats and field notes
they are hereby req nred to procure and pay for
far may be necessary, cut the proceeds Of the
sales osuch lands and the secretary state is au-
thorized TO audit the accounts for such piats anu
field notes, and there is hereby appropriated out OF
the swamp land fund Of money sufficient to
pay for the same.
Sec. 10 All acts part of acts contrsvening
the provisions of this act, hereby repealed.
Sec IL. This shall take effect and be In force
from and after its passage and publication.
Approved March IS, 1854 EE-COPY.
CHAPTER IS.
AN ACT to repeal chapter two hundred and sixty
two of the general laws of 1862, entitled an -
to authorize the governor to appoint surgeons in
certain cases"
The people OF the state Of Wisconsin, represented
in senate and assembly, do act as follows:
Section /. Chapter two hundred aud sizty-two
of the general laws of 1862, being act entitled
g an act to authorize the governor to appoint
geons in certain cases, - is hereby repealed.
Sec. 2. This act shall take effect and be in force
from and after its passage.
Approved Feb. is, 1864. ~ COPY.
Publithed March 2, 1864
CHAPTER 90.
AN ACT amend chapter II of the revised
statutes, entitled "of resiguations. vacancies
and removals. and of supplying vacancies"
The people of the state of Wisconsin, represented
in senate and assembly, do enact as follows;
Section L. Section of chapter Ii of the revised
statutes Is hereby amended, by adding thereto, TO
stand as subdivision six. the following "6. BY
the judges of the supreme circuit or county courts
to the governor"
Sec. 2 Section Is of said chapter is also here
by amended, go as to read as follows .Sec. Is.
When at any time there thall be in either of the
Offices of county Judge, register of deeds, district
attorney, sheriff or coroner, officer duly author
lied to execute the duties thereof so suitable
person may be appointed by the governor to fill
such vacancy
Sec. 3. This shall be In force from and after
it's pagsage and publication.
Approved Feb. IS, 1861 HsC0PY-
The Fact TO be Recognized.