Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1864-04-23

do, or in default thereof they shall be deemed to
have abandoned the same such claimants to
have priority according to the dates of their re-
spectiye claims, that Of the Oldest date to have
precedence.
See. 10. No person or pereons engaged ia such
fishing, shall ia any wise hinder obstruct the free
navigation OF the waters o. said lake. shall the
claim OF any person who has complied with pro-
visions of this act, be subject forced sale upon
exception or any other hpal process from any court
Sec. IL. The register Of dee 3 of every county
In this state, where any such claim the assign.
ment thereof shall be hereafter registered. shall
keep separate book Of records for such purpose
and for registering any such claim or the assign
ment thereof, he shall be entitled to demand and
receive the same fees per folio, he is entitled to
for recording deeds OF conveyance of real estate.
Sec. -. All actions at law concerning such
claims, and all actions arising growing out OF
disputes as 10 the proper ownership right t. any
such cfaim, trespass, or infringe ment there on,
shall be cognzable before the circuit court of the
proper county; and any erson considering him
self aggrey in his claim by any other person NAV
have his action and remedy at law, in the same
manner IS Tor other trespasses wrongs: preceded
that all actions by adverse eaiman ts shall be
menced within sixty days after the first reg
ton of such claim.
Sec. 10. ANY person who shall willfuIIy or ma
ciously break down, i'm pair, disdgure, throw down
or destroy any monument erected under the provi.
sions of this act, shall be deemed guilty of a mis-
demeanor and on conviction thereof. shall be pun
more than one hundred dollars; aud actions under
this section shall be cognizable before any justice
of the peace of the proper county, and any person
convicted under the provisions OF this section who
shall neglect for twenty -four hours to pay the fine
imposed, together with costs shall be committed to
the common jail of the proper county, there to
main until such fine and costs are paid, until he
be discharged by due course of law.
Sec IL. This act shall take effect and be in force
rom and after its passage and publication
Approved March %, 1864. p4-C0PY.
Published April 2, 1864
CHAPTER ls5.
AN ACT o amend section one Of chapter one
hundred and thirty one of the general laws ofthe
year 1859, entitled ''an act requiring parties to
suits upon appeal or writ Of error, to prosecate
hte same with diligence"
The people of the state of Wisconsin, represented
in senate and assembly, do enact as follows:
Section 1. Section one of chapter one hundred
and thirty-one Of the general laws of the year
1859. entitled ''an act requiring parties to writs
upon appeal or writ Of error, to prosecute the
with diligence" is hereby amended, as to read
follows: ain all cages in which the supreme
court shall order a new trial. further proceed
ings in the court from which such cases have been
brought 20 the supreme court, upon wriss of error
appeal, the record shall be transmitted to such
court, and proceedings shall be had thereon within
one year from the time Of entering in the supreme
court such an order for new trial or further pro-
csedings or in default thereof, such shall be
considered aud as discontinued and dismis-
sed. unless the court for good cause shown, shall
Sc. 2. This act shall take effect and be in force
Approved March %. isS4.L il Ama.CoPY.
Published April 2, 1864.
CHAPTER 1856.
AN ACT empowering registers of deeds to discharge
the record of mortgages, 10 certain cases.
The people OF the state Of Wisconsin,, repre- ted
in senate and assembly, do enact as follows:
Section l. In all cases where mortgages have
been executed by any person or persons real es-
tate situated in the state of Wisconsin, to railroad
corporations, and such mortgages have been re-
corded in the Office OF the register of deeds in the
county where said real estate is situated, and the
said mortgage shall have been transferred by said
corporation, and there shall be no record of such
transfer in such Office, and sad corporation shall
have ceased TO exist, shall have board of d.
recto,s competent to discharge such mortgage of
record, it shall be the duty Of the register OF deeds
OF any such county, on the presentation to him, at
his office, Of auy such mortgage, together with the
note notes or bond executed as collateral there
TO, II there be any, and an affidavit duly verified,
showing that the person presenting the same is the
law ul holder thereof, and that the same have been
paid satisfied in full forthwith to file such aff-
davit in his office, and to enter in due form salts
faction Of said mortgage of record: pr0Uded, that
such register of deeds shall not charge more than
twenty eeats for dischsrgng the duties requir-
ed by this act In respect to any one mortgage.
Sec. 2. This act shall take effect and be in force
from and after its passage.
Approved March %, 1864. BA- COPY.
g 90 n Published April 2, ls64.l - -
- - @- CHAPTER i93. III ~ ~
AN ACT for the protection of purchasers of the
school, university and and swamp lands of this
state.
The people of the state of Wisconsin, represented
in senate ard assembly, de enact as follows:
Section 1. Any person or persons holding a
tifcate certificates of sale from the proper Off.
GERS of this any of the school univ ersity or
swamp lands of this state, shall have the same
right to prosecute and maintain actions to recover
damages for injuries done to such lands, to pre-
ia. fbara fhar fpfu tbar
by injunction or otherwise, as if such person or
persons we're the owners thereof in fee simple; and
for the purposes of this act the holder holders
of any such certificate or certificates. shall be
garded in la W the real owner of the land from
and after the time of the payment by him OF the
first instament OF the purchase money for the said
land. No such mi Hnction shall ever be denied by
any court on the ground that the party or parties
TO be enjoined not shown to be irresponsible
insolvent.
Approved March 90, 1864. Rg-CoPY.
Published April q 1S64.l
CHAPTER 1871. = i az
AN ACT concerning the terms of court in the THIRD
p t<4f judicial circuit. ra.
The pc ople Of the state of Wisconsin, represented
in senate and assembly, 10 enact as follows:
Section 1. The terms of the circuit court for the
third judicial circuit shall, after the first day of
June. in the year of our Lord one thousand eight
hundred and sixty-four, be holden as follows, In
the county of Marquette, on the first Monday in
September and the first Monday in February. in
second Monday in September and the second Mon
day in February, in each year; in the county of
Dodge, on the fourth Monday in September and the
fourth Monday in February, in each year; in the
county of Washington, the third Monday in Oc-
tober aud the third Monday in March, in each year;
and in the county of 0zaukee, on the first Monday
In November and the first Monday IN April, in each
yeBr.
Sec. 2. There shall be holden by the circuit
ju ige of the said third judicial circuit in each year.
special term of the circuit court for the counties
Washington and 0zaukee, on the second Monday
of January, at the court house in the village of
West Bend, in the county of Washington, and also
a special term of circuit court for the counties of
Washington and Ozaukee. on the second Monday
ia July, in each year, at the court house in the viii
lage Of Port Washington, in the county of 0zaukee,
for the trial of issues of Law, for the hearing of mo-
tons and for the transaction of any and all busi-
that may be done at regular term, except the
trial Of Issues OF fact by jury Aud &C such spe-
cial terms. the issues of law and motsns, and all
other business that may be transacted thereat,
pending in the counties OF Washington and 0zsu-
kee, be heard, decided and disposed of with the
same force and effect it msy be disposed OF,
heard and decided in the county in which the
or matters are pending and when the causes
matters pending in different county from that
In which the special term is holden, the clerk Of
the circuit court shall certify the orders, judg-
ments and papers to the clerk OF the circuit of the
county where the same is Bending, a. the orders,
Judgements aud Papo,s ehali DO 6led and by
the clerk OF the court where the cause matteris
pending, in the same manneE If the cause or
matter had been heard or decided by the circuit
court at term thereof holden in the county where
IL is pending. 2
Sec. g. For the purpose of the hearing or trial of
any cause OF matter ct such special terms in an
other county than that Ia which the same is pend
ing, the clerk of the circuit court SHALL at the
quest of either of the attorneys in said cause or
matter, transmit all the papers file In said cause
or matter to the place OF trial or hearing, under
his official certificate, certifying the same to be all