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addition any of the above named fines shall be paid to the librarian, who is hereby authorized to receive the same, and shall account therefor: And be it further provided, That any person who shall refuse to pay for any book, together with any of the above named fines, at the time demanded by the librarian, shall not be allowed to take any books from the library until the fine is paid, and the fine shall be recovered in the name of the territory before any justice of the peace, for the use of the territory.

when open.

$9. The library shall be open for the accommodation of all privi- Library, leged members, from the hours of nine to twelve, A. M. and from two to nine, P. M. during the session of the legislative assembly; in the recess of the legislative assembly, the time shall be regulated by the librarian.

$10. The librarian shall have authority to appoint an assistant Assistant. librarian, who may perform the duties assigned to the librarian, and for whose acts the librarian shall be personally responsible.

S 11. The librarian shall, at the commencement of every session, report to the council and house of representatives, a list of books or other property missing, if any, of the library, together with such other information in relation to said library as the librarian may deem important.

Annual

report.

Ib.

$12. The librarian shall, at the close of the session, report to the ь. council and house of representatives, a true account of all the expenses incurred during the session, for rent of room, fuel, candles, stationery, wood, and other incidental expenses, which shall be paid out of any moneys appropriated by congress to defray the expenses of the legislative assembly.

$ 13. Be it further provided, That it shall be the duty of said Stationery. librarian to contract, annually, for the delivery of the necessary amount of wood, stationery, and candles, required for the use of the legislative assembly.

AN ACT concerning the appointment of public admi

nistrators, and their duties.

nistrator,

$1. There shall be appointed in each of the organized counties, Public admion the nomination of the governor, by and with the advice and con- how appoint sent of the council, a suitable person to be known as the public admi- ed. nistrator of the county for which he may be appointed.

granted.

$2. When any person shall die intestate, having goods and chat- Administratels, rights or credits, in this territory, and no widow, next of kin or tion to be creditor, shall be living within the territory, administration of such intestate's estate shall be granted to the public administrator of the county in which such intestate died, or if the intestate be a nonresident in the county in which the goods, chattels, rights and credits may be found.

bond.

$3. Every public administrator, before entering upon any of the Oath and duties of his office, shall be sworn well and faithfully to perform all such duties as may be required of him by law, according to the best or his ability, which oath shall be endorsed on his commission, and recorded in the probate office of the county for which he may be appointed; he shall also give bond with two or more sufficient sureties,

Form of bond.

Approval,

&c.

When let

ters revoked.

Expenses.

Estate not claimed,

sed of.

in such sum as the judge of probate shall limit and appoint, which shall be in the following or its equivalent form:

Know all men by these presents, that we, A. B., C. D. and E. F., of the county of and territory of Wisconsin, are held and firmly bound unto the people of the territory of Wisconsin, in the penal sum of thousand dollars current money of the United States, which payment well and truly to be made and performed, we, and each of us, bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, and firmly by these presents, as witness our hands and seals this day of The condition of this obligation is such, that whereas the said A. B. has been appointed public administrator in and for the county of : Now, if the said A. B. as such public administrator, shall well and truly administer all such goods, chattels, rights, credits and assets, as shall come to his hands or possession, or to the possession of any other person for him, and which may belong to the estate or estates, of any person or persons, upon which administration may at any time be granted to him by the court of probate of said county of and do make or cause to be made, a true and perfect inventory of the goods, chattels, rights, credits and assets, of all such deceased persons, the administration of whose estates shall be committed to him, as aforesaid, and the same so made doth exhibit in the said court of probate, when he shall thereunto be required by law, and do make and render a just account of all his acts and doings as such, in each separate estate, to the court of probate of the proper county when required so to do, and shall do and perform all such other duties as may from time to time be required of him by law, then the above obligation to be void, otherwise to remain in full force and virtue.

$4. The bond so given shall be approved by the judge of probate, and filed in his office; and the said judge may require such administrator to give additional or new bonds whenever he may deem the security of any estate shall require it.

$5. In all cases where administration shall have been granted to any public administrator, and it shall afterwards appear that there is a widow, next of kin or creditor entitled to such administration, it shall be the duty of the judge of probate to revoke the letters of administration granted to such public administrator, and to grant administration to such widow, next of kin or creditor, according to law: Provided, That the application for letters shall be made by such person to the court of probate, within six months after the granting of letters to such public administrator.

$ 6. In case letters granted to any public administrator shall be revoked, it shall not impair his right to receive from the estate such necessary expenses as he may have incurred therein, to be determined and allowed by the judge of probate.

$7. The balance of any intestate estate administered upon by any how dispo- public administrator after payment of all just debts and charges and the expenses of administration, shall be retained by such administrator for the space of six months, and at the expiration thereof he shall cause a notice to be published in some newspaper in the territory, stating the name of the deceased, the time of his death, and that all persons having claims or demands against such estate must exhibit

the same, duly authenticated, before the judge of probate of the proper county within six months from the date of such notice; and if no such claim be presented within the said six months, such balance shall be paid into the county treasury, and the county shall be liable to pay the same to any person entitled thereto, if the same shall be claimed within twenty years.

protected

S8. Upon the death of any person intestate, not leaving a widow, Property next of kin or creditor to whom administration may be granted, it from waste. shall be lawful for the public administrator to take measures to protect and secure the property and effects of such intestate from waste and embezzlement, until administration thereon shall be granted.

$9. The public administrator shall be liable in the same manner Liabilities. and to the same extent, that executors and administrators are by law liable for waste, mismanagement or neglect of duty on the complaint of any citizen of the county, and shall have like powers in the settlement of estates which may be committed to his administration. $10. No creditor shall be entitled as such, to letters of administra- Creditor not tion, unless his debt or demand against the estate, shall amount to letters unat least one-tenth of the value of the estate of the intestate.

AN ACT concerning notaries public.

entitled to

less, &c.

public.

§ 1. One or more notaries public shall be appointed in each of the Notaries organized counties of this territory, who shall exercise said office for and within the county, in which he resides, and the counties thereunto attached for judicial purposes.

bond.

$2. Each and every notary public, before he enters on the duties Oath and of his office, shall take an oath to support the constitution of the United States, and for the faithful discharge of the duties of his said office; and shall give a bond to the governor, with sufficient surety in the penal sum of five hundred dollars, conditioned for the discharge of the duties of his said office: Provided, That nothing in this act shall be construed to remove notaries public now in office.

vacant, pa

Penalty for

$3. Whenever the office of any notary public shall become va- When office cant, the records of said notary public, together with all the papers purs where relating to the office, shall be deposited in the office of the clerk of the deposited. district court, in the county in which the said notary public resides; and any notary public who, on his resignation or removal from of fice, shall neglect to deposite such records and papers in the clerk's of neglect. fice as aforesaid, for the space of three months, shall forfeit and pay a sum not less than fifty dollars, nor more than five hundred dollars; and if any executor or administrator of any deceased notary public shall neglect to lodge such records or papers, as aforesaid, which come into his hands, in the clerk's office, for the space of three months, after the acceptance of that trust, he shall forfeit and pay a sum not less than fifty dollars, nor more than five hundred dollars; and if any person shall, knowingly, destroy, deface or conceal, any records or papers of any notary public, he shall forfeit and pay a sum not less than fifty dollars, nor more than five hundred dollars, and shall be, moreover, liable to an action for damages by the party injured.

To notify maker, &c.

Notice, how given.

Record of notices.

Clerk of dis

trict court to keep records.

Faith to be

S.4. It shall be the duty of each and every notary public, when any bill of exchange, promissory note, or other written instrument shall be by him protested, for non-acceptance, or non-payment, to give notice, in writing, thereof to the maker, and each and every endorser, of a bill of exchange; and to the maker or makers of, and each and every security or endorser of any promissory note, or other written instrument, immediately after such protest shall have been made.

S 5. It shall be the duty of every notary public, personally, to serve the notice upon the person or persons protested against: Provided, he or they reside within two miles of the residence of such notary public; but if such person or persons reside more than two miles of [from] such residence, the said notice may be forwarded by mail or other safe conveyance.

S6. Each and every notary public shall keep a record of all such notices, and of the time and manner, in which the same shall have been served, and of the names of all the parties to whom the same were directed, and the description and amount of the instrument protested; which record shall, at all times, be competent evidence to prove such notices, in any trial before any court in this territory, where proof of such notice may become requisite.

$7. It shall be the duty of the several clerks of the district courts to receive and keep safe all the records and papers directed by this act to be deposited in their office, and give attested copies of any of said records or papers, when required; and copies so given by the said clerk are hereby declared to be as valid as if the same had been given by the said notaries public: All forfeitures under this act shall be, one half to the use of this territory, and the other half to him or them who shall sue for the same, to be recovered in an action of debt in any court having jurisdiction of the same, in the county where such notary public shall reside.

8. Full faith and credit shall be given to all the protestations, atgiven to pro- testations and other instruments of publication of all notaries public now in office, or hereafter to be appointed under the provisions of this act.

tests, &c.

Clerk of su

preme court.

To give bond.

Oath.

Office,

AN ACT concerning the clerks of courts.

$1. There shall be appointed a clerk of the supreme court by the judges of the same court, or a majority thereof in writing under their hands and seals, who shall hold his office during the pleasure of the court, and until his successor shall be appointed and qualified.

$2. Before entering on the duties of his office, he shall give bond to the treasurer of the county in which he resides, to be approved of by said treasurer, in a sum not less than one thousand dollars, with one or more sufficient sureties, conditioned for the faithful discharge of the duties of his office.

$3. He shall also be sworn by any officer authorized to administer oaths to support the constitution of the United States, and for the faithful discharge of all his said duties, which oath shall be endorsed on his appointment, signed by him and filed in his office.

$4. He shall reside and keep his office at the seat of government. where kept. His office shall be kept open every day in the year, except Sundays,

and the day celebrated as the anniversary of American independence, from nine to twelve o'clock A. M., and from two to five o'clock P. M. $5. He shall appoint in writing under his hand and seal some Deputy. competent person to be his deputy, for whose acts and doings he shall be liable. The deputy shall take the same oath required to be taken by the clerk. In the absence of the clerk from the clerk's office, or from the court, the deputy shall be authorized to execute and perform all the powers and duties of the clerk, until he shall return to the duties of his office, or another shall be appointed and qualified.

trict court.

$6. There shall be appointed in each organized county a clerk of Clerk of dis. the district court for the same county, by the judge of the district in which such county is situated, in writing, under his hand and seal.

Oath and

$ 7. The clerks of the district courts shall take the same oath, give the same approved bond, and appoint deputies in the same manner hond. as required of the clerk of the supreme court.

Powers and

$8. The deputy clerks of the district courts shall have the same powers and duties as the deputy clerk of the supreme court, and the deputy. clerks of the district courts shall be liable for all their acts and doings.

$9. The several clerks already appointed, shall take the oath and Present give the bond required by this act, within twenty days after notice clerks to that this act is in force.

AN ACT concerning sheriffs.

take oath.

$1. There shall be appointed in each of the origanized counties Sheriffs in this territory, a sheriff, who shall hold his office for three years, unless sooner removed, who shall, previous to entering upon the duties of his office, take an oath to support the constitution of the United States, and faithfully to execute the duties of his office.

bond.

S2. Every person so appointed, before he shall be qualified to ex- To give ecute the duties of his office, shall enter into bonds to the United States in the penal sum of four thousand dollars, with two sureties being freeholders, to be approved of by the clerk of the district court and judge of probate of the same county, or they shall swear before some supreme court commissioner that they are each worth the sum of two thousand dollars over and above all just debts, conditioned to answer to the United States, and to the parties, if any, who will complain; which bond shall be in substance as follows: Know all men by these presents, that we held and firmly bound unto the United States in the penal sum of four thousand dollars to be paid the United States; for the payment whereof we bind ourselves, our heirs, executors and administrators, jointly and severally, by these presents. Sealed with our seals, dated Whereas the above bounden

this

day of

A. D. 18
day of

of

are Form of bond.

hath been appointed to the office of sheriff of the county
on the
last past, now the condi-

of
tion of the above obligation is such, that if the said
shall
well and faithfully in all things perform and execute the office of she-
riff of the county of during his continuance in the said office
by virtue of the said appointment, without fraud, deceit, or oppres-
sion, then the above obligation to be void, or else remain in full force.
Provided, however, that the county commissioners in each of the

Additional security.

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