Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1864-04-02


upon or is in the actual occupancy, for agricultural
u purposes of said lands, and has made Improve
ments thereon to the value OF ten dollars per forty
5nen i. oao and I'm ruin such
certificate signed and attested, shall be acsnowi-
! edged by the party signing the same, befofe some
person authorised to take tue acknowledgment Of
deeds, and the saIne shall be ecorded in the office
Of the register Of deeds OF the comfy in which
the lands described IN such certificate are stuated
and any claimant OF unsu-veyed or unpatented
lands, may describe the same by metes aud bounds
carsfuiy defined, and in addition TO the certificate
herein referred to- parol evidence shall be received
! that said lands are swamp or overhnw lanus 4
4 See. B. The register registersl of deeds of the
several counties is ths state, shall record such GER
pose, and they shall receive the same fees for res
coriDg such certificates, as they are authorized TO
receive for the recording OF deeds. f-..te :
4 p Sec A. Each and every person who shall have
caused certfeate of his or her pre- emption claim
TO be made, attestsd aud recorded, as provided IN
section two of this chapter shall be entitled to- the
exclusive possession OF the lands therein descri6ed
until such time as the same shall be brought into
market Tor sale, tai he she shall have for
fuch certificate, thee record thereof, certi-
had Transcripts of the record thereof shall be safi
Gent evidence OF title 10 enable the person making
4 che same to maintain any action or actions against
any person or persons ia any court of competent
ietion, trespass Or injury done such
lands, or TO any buildings or improvements there
on, or to the timber, gra-s, grain other products
growing or being thereon, or any proper action or
proceeding to recover possession thereofs = Il -
See. 5. All the lands mentioned in this chapter,
shan be sold by the commissioners of school and
university lands. whenever they shall deemit ex.
| pedieut TO do SO. such sales shall be conducted
in the manner provided by law for the sale OF school
aud university lands, so far said provisons may
be applicable TO and not Inconsistent with the pro-
Visions fths chapter ef7 -
Sec. g.. Ia all cases Of presumption, under the
provisions OF this chapter, the pre-euptor shall
have the right to purchase in virtue of such pre-
empton, ons hundred and sixty acres OF the lands
mentioned In this chapter, and so pre-empsed, at
4 one dollar 2QQ twenty live cents
son having Alright of presumption to any or the
lands mentioned in this chapter, under any of the
July, one thousand eight hundred and fifty seven,
unless such right of presumption has been forfeit
ed by the neglect Of the pre-emptor 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. T.. Every pre- -emPtor shall, by the afdayit
OF at least two cred BILE and disnterested persons
prove that he or she has complied with the proyi-
sons ofthis chapter or of the law of this state in
force at the time the presumption claim was made.
Such afidavit shall be taken before some person
authorized to administer oaths, and when con plet
ed shall be filed with the register ofthe deeds the
county wherein such pre-empted lands lie, rolf 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
coDpiete copy Of such afidavit aforesaid, andof
| the aeciaratory statement of such pre-snpt0r
Aforesaid. aud over his official signature shall GER
tfy to the correctness and completeness thereof,
| in the same manner as by law required to maze
copies of the record OF deeds, evidence. Copies OF
such declaratory statement aad affidavit, certified
as aforesaid, shall be by on behalf of such pre-
emptor, filed with the Secretary of state and the
whole purchase money paid at least ten days prior
| 90 the time appointed for the sale of the swamp
and overlooked lands, in the county where such
pre-empted lands lie. neglect 90 comply with
the provisions of this chapter hall be deemed and
is hereby declared to be waiver surrender and for
eiture Of ali rights to said lands, ia virtue OF pre-
emptou rights.
Sec s. Either the secretary Of state, state treas
urer OF attorney general, or any pton claim
STE afc rfel1 slain
coed, by way of appeal to the circuit court of the
county wherein is situated any of said swamp or
cyerhowed lands claimed BY pre-emption rights,
determined by jury. In all such appeal proceed
ings, the appellant shall, within sixty days after
the copies of the statements aud affidavits 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 ia 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. II appeal, the right climed pre- emption
shall be determined against the presumption 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.
See. o. IL 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, exhibit
ed by the plats and field notes of the swamp and
overfowed lands, and which plats and field notes
they are hereby required to procure and pay
far may be necessary, out of the proceeds of the
sales ofsuch lands, and the secretary of state is
thorizsd to audit the accounts for such plats and
field notes, and there Is hereby appropriated out Of
the swamp land fund sum Of money sufficient to
4 pay for the same.
| Sec. 10. All acts part of acts contrsvening
the provisions of this act, are hereby repealed.
l Sec IL. This act shall take effect and be in force
from and after it's passage and publication.
| Approved March Is, 1864. B1TC0PY.
CHAPTER GO.
AN ACT to repeal chapter two hundred and sixty
two Of the general laws of 1862, entitled - act
to authorizes the governor TO appoint surgeons in
| certain cases."
The people Of the state of Wisconsin, represented
in senate and assembly, do enact as follows:
Section /. 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 cases, - is hereby repealed. -
Sec.2. This act shall take effect and be in force
4 from and after it's passage.
Approved Feb. IS, 1864 pA- COPY.
- [Pubiithed March 2, 1864
4 ~ * ~ CHAPTER 90. ~. y,
AN Act to amend chapter Ia of the revised
statutes, entitled "of designations, vacancies
| and removals, aud Of supp ying vacancies. %
The people Of the state of Wisconsin, Represented
/. in senate and assembly, do enact as follows ::
Section 1. Section of chapter II of the reFised
statutes 10 hereby amended, by adding thereto, to
stand as subdivision six the following 80. By
the judges Of the supreme, Circuit or county courts
to the governorns 4s 81.
sec. 2 Section l3 of said chapter Is also. he re-
I by amended, so as to read follows .sSec- s1S
When at any time there thal 0e in either OF 4 he
attorney, sheriff coroner, officer duly author.
lied to execute the duties thereof, some suitable
person may be appointed by the governor to fill
FEC. 8. This act shall be in forcs from and after
i its pagsage and publication. sasfe
Approved Feb. 90, 1864. 6Eo0PY.
The Fact IN Ia Reea0uizeda -