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Chapter 53,

[Published April 13.] An act to constitute Sidney S. Smith heir at law of Jesse R Smith and Rheu

bey Smith. The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows :

SECTION 1. That Sidney S. Smith, of the town of Medina, in the county of Dane, be and hereby is constituted the adopted son and heir at law, of Jesse M. Smith and Rheubey Smith, his wife, of the town and county aforesaid, and he shall be entitled to all the rights and privi. legs of support, education and inheritance, as fully and effectually, and in the same manner as be might or should be if he were the legitimate child of the said Jesse M. Smith and Rheubey Smith.

Sec. 2. This act shall take effect from and after its pas. sage: Provided, That the sad Jesse M. Smith shall file in the office of the secretary of state his written assent, under his hand and seal, to the provisions of this act.

Approved, March 26, 1855.

Chapter 54.

[Published April 17.]

An Act to change the name of Albert Sickler and Albertine Sickler.

The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

SECTION 1. The names of Albert Sickler and Albertine Sickler, of the town of Dale, in the county of Outag: mie, are hereby changed to those of Albert Boyer and Alber tine Boyer, and by the last mentioned names they shall be hereafter known and rec gnized.

Sec. 2. The said Albert Boyer and Albertine Bayer shall be klown as the adopted children and beir--at-law of George Boyer, of said town of Dale, and the relative duties of parent and child shall exist, and may be entorced

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between the said George Boyer and the said adopted chil. dren, as fully and effectually and in the same manner as if the said adopted children were the legitimate children of the said George Boyer.

Sec. 3. This act shall take effect and be in force from and after its passage; Provided, That said George Boyer sball file in the office of the secretary of state his written assent, under his hand and seal, tithe provisions of this act.”

Approved March 26, 1855.

Chapter 55.

[Published April 13.] An Act to provide for an additional term of the Circuit Court for Waukesha

additiona County.

The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows :

SECTION 1. In addition to the terms of the Circuit Court appointed to be held in the county of Waukesha, there shall hereafter be held annually, in and for said county,by the judge of the second judicial circuit, a term of said circuit court, commencing on the second Monday in June, and a petit jury for said term shall be drawn and summoned in the manner provided by law.

SEO. 2. A grand jury for such term may be drawn and summoned in the manner provided by law, whenever the judge of said court shall deem it necessary, and shall file with the clerk of the circuit court for said county, an order directing the summoning of such grand jury; and no grand jury shall be drawn for said term unless such order be made and filed as herein provided.

SEC. 3. This act shall take effect and be in force from and after its passage, and shall be published immediately.

Approved March 26, 1855.

Chapter 56.
(Published April 16.]

An Act to provide for the manner of paying to the state the tax on suits col.

lected by the clerks of the circuit courts. The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

Duties of cl'ks

SECTION 1. The clerk of the circuit court of each coun: circuit courts. ty shall quarterly, on the first day of January, April, Ju

lý, and October, or within five days thereafter, in every year, pay to the treasurer of his county, for the use of this state, the suit tax of one dollar required by law to be paid to the clerk, on every suit which has been commenced in the circuit court of his county during the three months ending on the last day of the month immediately preceding

Sec. 2. The clerk shall take duplicate receipts from the Clerk required to make report

county treasurer for the sums so paid, and on or before to secretary of the tenth day of January, April, July, and October, in state. each year he shall forward to the secretary of state, at

Madison, one of said receipts, and also a statement on oath of the number of suits commenced in the circuit court of his county during the three months ending on the last day of the month immediately preceding that date.

Sec. 3. If such statement, together with a receipt of Duty of secretary of state in the whole sum required by law to be paid to the clerk on case of failure the suits so commenced during the preceding quartere to make report shall not be received by the secretary of state on or beforn

the first day of the month next succeeding the time whe, such statement is above required to be transmitted to him he shali forth with notify the judge of the circuit court within whose circuit such clerk resides, of the failure to transmit such statement, or receipt, or both as the case

SEC. 4. Whenever the circuit judge shall be notified of Duties of judge such failure he shall forth with appoint a time not exceed

ing sixty days from the date of the notice hereinafter mentioned, and a place within his circuit, when and where such clerk shall appear before him show cauşe why he shall not be removed, for the reasons to be mentioned in such notice, and shall cause notice thereof to be served within ten days upon the clerk. If the clerk shall not up. ou such hearing show to the satisfaction of the judge that

may be.

he has complied with the provisions of this act he shall be liable to be removed from office, as provided in section five, of chapter eleven, of the revised statutes.

SEO. 5. Proceedings under this act may be of a summary nature, and the testimony shall be taken under such reasonable regulations as to time and place, and in such manner as the judge shall prescribe.

The testimony or affidavit of the clerk may be received in respect to the fact of his having transmitted a return, but no on other point.

Sec. 6. Moneye paid to the county treasurer pursuant Duties of co. to this act, shall be paid over by him upon the order of the state treasurer, and any such moneys remaining in his hands at the time when he is required by law to pay the state tax to the state treasurer, shall be paid therewith into the state treasury:

Sec. 7. This act shall take effect from and after its passage and publication.

Approved, March 29, 1855.

treasurer.

Chapter 57.

[Published April 20.] Aa Act to provide for entering up and docketing final judgment in vacation

in certain cases. The peopic of the State of Wisconsin, represented in Senate and Assemory, do enact as follows:

SECTION 1. In all cases wherein, in any court of record in this state, the defendants default in any snit, and an or. der for interlocutory judgment therein shall have been or may hereafter be duly entered, according t the rules and practice of the court, the plaintiff may at the time of entering of such default or order as aforesaid, or at afterwards in term time or in vacation of such court, enter or cause to be entered an order in the common rule book, kept by the clerk of such court, that the said clerk assess the plaintiff's damages, or that a writ of inquiry issue to the sheriff of the proper county for that purpose, as the nature of the case may require, and such assessment may at any time thereafter, be made accordingly.

any time

SEC. 2. Upon the making of the assessment and report thereof by the clerk, specifying the amount of the debt or damages by him ascertained and assessed and the time of making the assessment, or upon the return of the writ of inquiry and of the report of the assessment and inquisition by the proper sheriff's jury, the clerk of such court shall immediately append thereto, the amonnt of final judgment in the proper and usual form, for the debt or damages so found and assessed by himself, or the jury aforesaid, as the case may be; and upon the same being sign"ed in the margin thereof, by the judge of the court, or court commissioners, with the date of signing the same endorsed thereon, shall attach the said report and award of judg. ment and all the other papers in the cause together, which he shall file in the cause, and which shall constitute the judgment roll. The said clerk shall also thereupon enter the award of judgment in the same manner and with like effect as if entered under the direction of the court; and the same shall be and remain from that time a lien upon real estate and chattels real of the defendant, and in all respects shall have the same force and effect, and execution may be issued thereon, and all other proceedings had as though the same had been rendered in open court. Such judgments shall be under the control of the court and may be set aside upon good cause shown, the same as other judgments. Provided, however, That this act shall not be construed so as to authorize the entering up of any final judgment in vacation of the court, unless the plaintiff or some other

person shall make and file an affidavit in the cause showing personal service of the rule to plead upon the defendant or his attorney in the cause, twenty days previous to the default being entered. And, Provided, al80, That the execution shall not issne upon any judgment entered in vacation until twenty days after the signing of the award of judgment as hereinafter provided by the judge or court commissioner.

Sec. 3. This act shall be immediately printed by the state printer after its passage, and shall then be in full force and effect.

Approved, March 29, 1855.

Proviso.

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