Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1864-03-31


g upon or is in tie actual occupancy for agricutur
- purposes, OF said lands, and has made smprov
ments thereon to the value of tea dollars per for
acres. Such certificate shall be signed by the ne
son claiming the -empton, and the truth of SUI
e certificate signed anu att-sted, shall be acknov
II edged by the party signing the same, before sor
y person authorized to take the acknowledgment
If deeds, and the shah be re corded in the off
g OF the register of de. ds- of the comfy in VIII
1t the lands described in such certificate situate
:. and any claimant OF unsu-yeyed or impatient
y lands, may describe the same by metes and ooun
y carefully defined, and in addition to the certihca
herein referred TO, paro evidence shall be re ceiE
u that said lands are swamp or Overhnwed lanus
ID Sec. 3. The register lregisters of deeds of (
several counties is this state, shall record such
tifcates in book to be kept by them for that pl
~ess, and they shall receive the same fees for
@"s such certificates, as they are authorized
; cor, - the re cOrdng OF deeds.
| racejxs ~ anu every person who shall ha
Sac u of his or her pre- emption ella
eaDsad ,a~-Ss, recorded, 6. provided
to be na6e ar.S1.sa hall BE entitled to
section two OF this chapter Ls,,Ss :;
/ exclusive possession OF the lands , -. 3
! until such time the same shall be
| shsfkst LOT safe, or until he or she shall H.
| ieiteo MS or Ter right 10 such pre- emption a.
iuch certihcate, or the record thereof or CART
neo transcript of the record thsreot shall n. s,,,;
Gent evidence OF title to enable the person maxim,
us same TO maintain any action or actions agaIns
pe.soo 0r persons In any court of competen
otoh, icr any trespass or jury done to sucl
Ia aoSs or TO any buildings or improvements thsrs
on, - .hs timber, grass, grain other products
sfoWl' ,ng ~ s thereon. or any proper action OF
proceed os 20 recover possession thereof
Sec. 3. al the lands mentioned in this chantsr
shall be SOLD " tle commissioners of school ana
university lang. "heneFer they shall deem it ex.
pedient to do SO. Such sales shall be copdurted
il the manner prov by law for the sale OF school
aud university lands, so far as said provisions NAV
be applicable to and ct inconsistent with the pro-
visions of this chapter
sec =. In ell cases of presumption, under tn q
provisions of this chapter, the pre-emptor shall
nave tue right to purchase in virtue of such pre-
emptlon, one hundred and sixty of the lands
mentioned IN this chapter, and so pre.empted at
one dollar and twenty-five cents per acre ABy per
son having right of presumption to any or the
lands 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 ffty.seyen,
unless such right of prescription has been forfeit
ed by the neglect of the pre-emptor to compIv
with the provisions OF any such law, shall have
the right to purchase such land in the manner
provided in this chapter.
Sec. /. livery pre-emptor shall, by the affidavit
OF at least two credible and disne rested 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 pree nlption claim made
Such affidavit shall be taken before some person
authorized to administer oaths, and when con plet-
&c, shall be filed with the register ofthe de eds OF the
county wherein such empted lands lie or of the
county to which it may be attached fer county pur
poses. Such register shall on demand of or on be-
half OF every such pre-emptor make out true and
coSplete copy OF such affidavit aforesaid and of
re-Sl
aforesaid. and over his official signature SD all GER
tlfy to the correctness aud completeness thereof
IN the same manner as by law required to MAKE
copies of the record of deeds, evidence Copies of
such deelaratory statement aad affidavit certified
as aforesaid, shall be by or on behalf of such pre-
emptor, filed with the secretary of state, and the
whole purchase money paid at least ten days prior
10 the time appointed for the sale of the swamp
and overlooked lands, in the county where such
pre-empted lands lie. A neglect to comply with
.ne provisions OF this chapter shall be deemed and
is hereby declared to be waiver surrender and for
elure OF all rights to sad lands, in virtus of pre-
emptiou rights.
Sec. s Either the secretary of state, state treas
urer or attorney general any pre- claim
ant or the contestant eff such claimant NAV nro
ceed by way of appeal, to the circuit court of the
county wherein is situated any of said swami or
oVeInowed lands claimed by presumption rights,
and in such court have the prescription right claim
determined by a jury. In all such appeal proceed
ings, the appellant shall, within sixty DAYS after
the copies OF the statements and afTidavits men
toned in section seven of this chapter. are filed
with the secretary of state, procure a certified
copy Thereof from the said secretary of state and
file the same in the circuit court to which the ap
peal Is taken, and the circuit court shall make
rules prescribing the mode of procedure on such
appeals If on appeal, the right climed pre- ption
shall be determined against the pre-empion claim
ant, then IN that and every such case, the state
treasurer shall refund to such claimant his heirs
executors or administrators, the purchase money
paid by him for the lands by him claimed
Sec. 8. It shall be the duty of the commission
ers of school and university lands, to adopt with
out appraisal or survey. the lines, boundaries and
descriptions of the United States survey as exhibit
ed by the plats and field notes of the swamp and
overlooked lands, and which plats and field notes
they are hereby uired to procure pay for as
far as may be necessary, out OF the of the
sales oisuch lands and the secretary of state is su
thorlzed to audit the accounts for such pats and
held notes. and there is hereby appropriated out Of
the swamp land fund a sum of money sufficient to
pay for the same. ~
Sec. 10. All acts part of acts contravening
the provisions of this act, hereby repealed.
Sec. H. This act shall take effect and be in force
from and after its passage and publication
Approved March Is, 1864. -: @COPY.
CHAPTER &c.
AN ACT to repeal chapter two hundred and sixty
two of the general laws of 1862 entitled IS an act
to authorize the governor to appoint Surgeons in
certain cases" -...:.
The people OF the state Of Wisconsin, represented
in senate and assembly, do enact as follows Il
Section l. Chapter two hundred and sizty-two
of the general laws of 1862, being an act entitled
an act to authorize the governor to appoint sur
geons in certain ,e. cases" is hereby repealed.
from and after its passage.
Approved Feb. is, 1864. ia. COPY.
[Pubthed March 2, 1864
CHAPTER 90.
AN ACT to amend chapter ii of the revised
statutes, entitled "of designations. vacancies
and removals, and ofsuppying vacancies"
The people of the state of Wisconsin. REPRESENTED
in senate and assembly, do enact follows
Section /. Section of chapter IA Of the revised
statutes is hereby amended, by adding thereto, to
stand as subdivision six, the following: SO. 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, SO as to read as follows "Sec. 10.
When at any time there thai DE in either of the
offices of county judge, register of derds, district
att uey, sheriff or coroner, officer duly author
IL co execute the duties thereof, so re suitable
person may be appointed by the governor to fill
such vacancy"
FEC 3. This act shall be in force from and after
it's pagsage and publication.
Approved Feb. &c, 1864. ~COPY.