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unknown or uncertain at the time of presenting the petition under this act, or of commencing proceeding in said court, sitting as a court of chancery, or before partition or sale be made, so that they cannot be made parties thereto, either by reason that the heir at law of the party last seised of the inheritance shall be contingent or uncertain, or that the ownership of the inheritance shall depend upon an executory devise, or the remainder shall be a contingent remainder, then, and in every such case, the partition or sale shall be binding on such person or persons as would have become entitled to such reversion, remainder or inheritance, upon the termination of the particular estate, as fully, absolutely and effectually, as if such person had been known and named in such proceedings: Provided, That notice shall have been given or published to such unknown or uncertain tenant in reversion or remainder, or owner of the inheritance, in the manner prescribed in and by this act; and such person shall be entitled to be made a party, and to all and singular the other benefits and privileges of pleading and trial, as is allowed by this act to unknown owners; and it shall be lawful for the court before whom such court may petition is pending, to admit any person who, by any contingency contained in any devise or grant or otherwise, may thereafter be en- to interest. titled to any beneficial interest in the premises, to come and defend the same: And further, In case a sale be made under this act, the court before whom such proceedings shall be had, shall take order for securing a proportion of moneys, which the person who would have been entitled to the inheritance upon the termination of such particular estate, would justly be entitled to.

admit per

son entitled

Interest of
courtesy, &c
to pass by
p

tenant by

$68. The interest and estate of every such tenant by courtesy, or in dower, or other tenant for life, who shall be made a party to the proceedings in any such partition, shall pass by a sale of the premises, ordered by virtue of this act, and thereupon such tenant shall be entitled to the interest or income of a just proportion of the purchase money, for life, to be ascertained and adjudged by the said court, and the court shall take order for securing the same to him, her or them, accordingly; and, in case of sale or partition under this act, and be- Proportion fore judgment therein given, the court shall examine and ascertain paid hin. the rights, titles and interests of the parties, plaintiffs and defendants to such proceedings, that the purchaser under such sale may be protected in his title acquired thereby.

chancery

$69. The court, sitting as a court of chancery, in cases of parti- Court of tion pending therein, may decree a sale of the premises in such cases may decree as the courts of law are authorized by this act, or where the ends of sale. justice shall require it; and the said court, sitting as a court of chancery, in any case where it shall decree a partition to be made, if the same cannot be made equal between parties, without prejudice to their Compensa rights and interests, may decree a compensation to be made by one ti party to another, for equality of partition, according to the nature and equity of the case.

tion by par

ties.

cree of

be effectual.

$70. All sales and partitions, made under and in virtue of pro- Sales, &c. ceedings had in said courts, sitting as courts of chancery, shall be under defirm and effectual forever; and the final decree of the said court, for chancery to or upon the partition or sale of any lands, tenements, hereditaments, or premises whatever, mentioned in any bill or petition presented according to law, and the course and practice of the said court, or for

Proviso.

or upon sale of part and partition of the residue thereof, shall be binding and conclusive upon all parties named in the said bill or petition, and their legal representatives; and also on all such parties interested, who or whose interest may be unknown, and their legal representatives, as absolutely and effectually, to all intents and purposes, as if such sales, partitions, and proceedings had been made, and taken place under this act, in a court of law, and judgment had been thereupon given in manner as herein aforesaid: Provided, That in case any one or more of the parties interested in the premises, or the estate, or quantity of interest of any, or either of the owners are unknown to the complainant or petitioner, suitable allegations and charges to that effect shall be inserted in the bill or petition, and an affidavit of the truth of such allegations, made by one of the parties, and annexed to, and filed with the said bill or petition, and an order of the said court, published for three calendar months, once at least in every week, in a newspaper printed in the county in which the premises are situate, [or] in case there be no newspaper printed in said county, then in a newspaper printed at the seat of government, containing therein a sufficient description of the premises whereof partition is sought, and requiring all parties interested in the same to appear and answer the bill or petition, by a day in the said order specified, and the publication of which order shall authorize a decree or order of said court, for taking the said bill or petition pro confesso, against all such unknown parties as shall not appear by the day mentioned in the said order, or on such further day as the said court shall appoint; and all such as may appear shall be entitled to be made parties to the suit, and the said bill or Party may petition shall be amended accordingly: And provided further, That it shall be lawful for any party to such decree, or any party interested in the premises, though not named in the pleadings, to appeal from the said decree, or from any decree or order of the said court in the case, within the same time, and under the like restrictions and regulations as in other cases.

appeal.

Proceedings not to abate by death.

Powers of judges not

this act.

$71. If any of the parties in any suit for the partition of lands, now pending, or hereafter to be commenced, shall die, the proceedings in such case shall not be thereby abated, but such suit may be continued, on suggestion of the death of such party as may die, in case the interest may survive, to the survivor or survivors, and in other cases such suit shall and may be revived by or against the heirs or devisees of such deceased party, in such manner, and by such proceedings, as the court in which such suit is or shall be depending, may from time to time direct.

$ 72. Nothing in this act contained shall be construed to affect affected by the powers of judges of probate, to cause partitions to be made agreeably to such laws as are or may be in force, defining the powers and duties of judges of probate, but partition in such cases shall be made as though this act had not passed.

Grantees,
&c. of land

to have same
power as

grantors, &c

Miscellaneous provisions.

$73. All and every person and persons, bodies politic and corporate, being grantees or assignees of any lands, tenements or hereditaments let to lease, or of the reversion thereof, from any person or persons, and the heirs, executors, administrators, successors and

assigns, of such grantees or assignees, shall have and enjoy the like advantages against the lessees, their executors, administrators and assigns, by entry for the non-payment for rent, or for doing of waste or other forfeiture; and also may have and enjoy the same advantage, benefit and remedies, by action, for not performing other conditions, covenants and agreements, contained and expressed in their lessées, [leases] demises or grants, against all the said lessees, termors and grantees, their executors, administrators and assigns, as the lessors and grantors, or their heirs or successors, might have had and enjoyed at any time, in like manner as if the reversion of such lands, tenements and hereditaments, had remained and continued in the same lessors or grantors, or in their heirs or successors.

&c. may

grantees, &c

$74. All termors, lessees and grantees of lands, tenements, rents, Termors, or other hereditaments, for term of years, or for lives, their execu- have same tors, administrators and assigns, may have like action, advantage remedy as and remedy, against every person and persons, and bodies politic and corporate, their heirs, successors and assigns, who have any gift or grant of the United States, or of any person or persons, of the reversion of the same lands, tenements, rents or hereditaments, so letten, or any part or parcel thereof, for any condition, covenant or agreement, contained or expressed in their grant, lease or leases, as the same grantees, lessees, or any of them, might have had against their grantors and lessors, their heirs, successors and assigns, all benefits and advantages of recoveries in value, by reason of any warranty, in deed or in law, by voucher or otherwise only excepted.

receipt evititle in certain cases.

dence of

$75. The receiver's receipt or certificate of purchase of public Receiver's lands, signed by the receiver, shall be evidence in any court in this territory, that the title to the lands mentioned or described in said receipt or certificate, is in the person or persons named therein, his, her or their heirs or assigns: Provided always, That no receipt or certificate from any receiver shall entitle the holder or holders thereof, his, her or their heirs or assigns, to have or maintain any action in law or equity, for any lands held, owned or occupied, by any person or persons, as mineral ground, at the time of said entry, and on which discoveries of lead or copper ore shall have been made.

AN ACT to amend an act entitled "An act in relation to the evidences of title to lands in the territory of Wisconsin."

receipt evi

&c.

$1. That the receivers receipt or certificate of the purchase of public Receiver's lands, signed by the receiver, shall be evidence in any court in this dence of titerritory that the title to the lands mentioned or described in the said tle, except, receipt or certificate is in the person or persons named therein, his, her or their heirs or assigns: Provided always, That no receipt or certificate from any receiver shall entitle the holder or holders thereof his, her or their heirs or assigns, to have or maintain any action in law or equity, for any lands held, owned or occupied by any person or persons as mineral ground at the time of said entry, and on which discoveries of lead or copper ore shall have been made.

S2. That all laws and parts of laws contravening the provisions of Repeal. this act are hereby repealed.

Supreme

court to

AN ACT concerning the supreme and district courts. S1. The supreme court of the territory shall have and exercise have appel- an appellate jurisdiction only, which shall extend to all matters of aplate jurisdic peal, error or complaint from the decisions, judgments or decrees of any of the district courts in all matters of law or equity, and shall also extend to all questions of law which may arise in the said district courts upon motion for a new trial in arrest of judgment, or in cases reversed by the said courts.

tion.

Power of court to is

S2. The supreme court shall have power to issue writs of mandasue process. mus, quo-warranto, prohibition, error, supersedeas, procedendo, certiorari, scire facias, and all other writs and process not specially provided for by statute, which may be necessary to enforce the due administration of right and justice throughout the territory, but no writ of error shall operate as a supersedeas, unless granted by order of the court upon motion, or by a judge in vacation, upon inspection of the record or a certified copy thereof.

Power of court to en

crees.

S3. The supreme court shall be vested with all power and authoforce its de- rity necessary for carrying into complete execution all its judgments, decrees and determinations in the matters aforesaid, and for the exercise of its jurisdiction as the supreme judicial tribunal of the territory, agreeably to the usages and principles of law; and any judge of said court in vacation shall, on good cause shown, have power to allow writs of error, supersedeas and certiorari, as before provided for, and also to grant writs of injunction.

Court when to stand ad

S4. If two of the judges of the said court shall not attend on the journed, &c. first day of the term, the clerk shall enter such fact on record, and the court shall stand adjourned until the succeeding day, and so from day to day for six days; and if the court shall not be opened within six days all matters pending in said court shall stand continued of course until the next term, and no action or matter shall abate or be discontinued.

Decision of court to be

$5. The said court shall give their decision on all cases in writin writing. ing, which shall be filed with the other papers of the case, and the said court shall appoint some attorney to minute down and make report of all the principal matters in the cases, with the decision of the

Power of dis

trict courts.

Judges to make rules

court.

$6. The district courts shall have original jurisdiction within their respective districts in all civil actions at law or in equity, and appellate jurisdiction in all cases in their several districts from the probate courts, and the decisions of justices of the peace, and the judges of said courts shall be conservators of the peace; and the said courts in term time, and the judges thereof in vacation, shall have power to award throughout the territory, returnable in the proper county, writs of injunction, ne-exeat, and all other writs and process which may be necessary to the due execution of the powers with which they are vested; and the said courts shall respectively have power and authority to hear and determine all cases of crimes and misdemeanors of whatever kind, not cognizable by a justice of the peace, which may be committed within any county or place within their respective districts.

$7. The judges of the supreme court, and the judges of the seand regula veral district courts, may make and record all such rules and regula

tions.

tions respecting the trial and conducting of business, both in term and vacation, as the discretion of the said court and judges shall dictate, not contravening the laws of the United States or of this territory; and in order that the rules of practice and proceedings of the district courts may be uniform, and as near as may be conformable to the rules of the supreme court, the clerk of said court shall from time to time transmit copies of the rules to the clerks of the district courts, and the judges of said courts shall from time to time make rules agreeably thereto, as near as may be, for the practice of their courts respectively.

$8. The supreme court shall be held at the seat of government of Supreme the territory, on the first Monday of July in every year.

court, where held..

$9. The sittings of every court within this territory shall be pub- Sittings to be lic, and every person may freely attend the same.

public.

sit when interested.

$10. No judge of any court can sit as such in any cause to which Judge not to he is a party, or in which he is interested, or in which he would be excluded from being a juror by reason of consanguinity or affinity to either of the parties; nor can any judge decide or take part in the decision of any question which shall have been argued in the court when he was not present and sitting therein as a judge.

tise

ney.

$11. No judge can practise or act as a counsellor, solicitor or at- Not to practorney in the court of which he is a judge, except in those suits in ney as attor. which he shall be a party, or in the subject matter of which he shall be interested.

practising.

$12. No judge shall have any partner practising in the court of Not to have which he is a judge, nor shall any judge be directly or indirectly in- practisi terested in the costs of any suit that shall be brought in the court of which he is judge, except those suits in which he shall be a party, or be interested as above provided.

$ 13. No judge of any court of record shall hold any other office Not to hold under the laws of this territory while acting as such judge.

other office.

$ 14. No judge of any court of record shall demand or receive any Not to repay for any legal or judicial services except his salary.

ceive fees.

be opened

S15. No court shall be opened or transact any business on Sun- Court not to day, unless it be for the purpose of receiving a verdict or discharging on Sunday, a jury; and every adjournment of a court on Saturday to another day except, & shall always be to some other day than Sunday, except such adjournment as may be made after a cause has been committed to a jury. But this section shall not prevent the exercise of the jurisdiction of any single magistrate, when it shall be necessary in criminal cases to preserve the peace or to arrest offenders.

not discon

16. No process, proceeding or writ, civil or criminal, before any Process, &c. of the said courts, shall be discontinued by the occurrence of any va- tinued by cancy in the office of any judge or of all the judges of such court, nor vacancy of judge. by the issuing of any new commission to any judge or judges of any such court, but the persons appointed in such new commission shall have power to continue, hear and determine such process, proceeding or suit, as their predecessors might have done if no new commission had been issued.

how tested

S17. In cases where a stated term of any court shall not have Process been held, process issued therefrom may be tested on the first day of when term the term when such court shall have been held.

not held.

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