GENERAL LAWS.

CHAPTER 1.

[Published January 22, 1870.]

AN ACT in relation to the settlement of accounts in certain cases.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

settled accounts

SECTION 1. In case any sole or surviving executor No action on unor administrator has heretofore died or shall hereafter of deceased exdie, leaving his accounts as such executor or adminis- ecutor. trator unsettled, no action shall be entertained by any court, upon the administration bond of such deceased executor or administrator against the sureties in such bond or either of them, until such sureties or one of them shall have had an opportunity to apply for a settlement of the administration accounts of such deceased executor or administrator, as provided in this act; and in case any action shall have been heretofore commenced in any court of this state, against any surety or sureties upon the administration bond of such deceased executor or administrator, and such action shall be pending and undetermined at the time of the passage of this act, all proceedings in such action shall be stayed until the surety or sureties against whom such action has been commenced shall have had an opportunity to apply for and have a settlement of the administration accounts of such deceased executor or administrator, as provided in this act; but nothing contained in this act shall be so construed as to set aside or open any settlement of the administration accounts of any deceased executor or administrator which has been heretofore legally made.

Sureties may apply to county judge for final settlement.

SECTION 2. In case any sole or surviving executor or administrator has heretofore died, leaving his administration accounts unsettled, it shall be lawful for the sureties in the administration bond of such deceased executor or administrator, or for either of such sureties within sixty days after the passage of this act, to apply to the judge of the county court having jurisdiction for a final settlement of the .administration accounts of such deceased executor or administrator, and upon such application, if it shall appear to the satisfaction of such judge that neither of the principals in such bond is living, and that the person or persons so applying is a surety or are sureties (as the case may be) in such bond, and that no final settlement of the administration accounts of such deceased executor or administrator has ever been had in the county court having jurisdiction of the Judge shall is matter, such judge shall thereupon issue a citation which shall be served personally or by publication or both, as the said judge shall order, requiring the creditors next of kin, and legatees of the deceased person, (whose estate was being settled by such deceased executor or administrator) if there are any, to appear before him on some day therein specified to attend the settlement of such accounts. And upon

sue citation.

the day mentioned in such citation, or such other time as the judge may appoint, such judge shall proceed with the settlement of the administration accounts of such deceased executor or administrator, in the manner provided by law for a final settlement of executors' or administrators' accounts, and when any sole or surviving executor or administrator shall hereafter die, leaving his administration accounts unsettled, the sureties in the administration bond of such deceased executor or administrator or either of such sureties may within sixty days after the death of such executor or administrator, apply to the judge of the county court having jurisdiction, for a final settlement of the administration accounts of such deceased executor or administrator, and upon such application, like proCounts are al-ceedings shall be had as hereinbefore specified. Before the admininistration accounts of any such deceased executor or administrator shall be allowed, notice shall be given, as provided in section 14 of chapter 102 of the revised statutes: provided, that all orders made

Notice to be given before aclowed.

If action has

for settlement.

under this act, by any county judge, shall be subject to be appealed from, the same as any other orders made by such judge, and that the proceedings in any action pending upon such administration bonds shall be stayed, pending such appeal, and until the final determination of the subject matter of such appeal. SECTION 3. In case any action has been heretofore commenced upon the administration bond of any such been commenced against suredeceased executor or administrator, against the sureties ties, they shall or either of them in such bond, and in case such action apply to judge shall be pending and undetermined at the time of the passage of this act, and in case such sureties or surety against whom such action has been commenced shall: apply to the judge of the county court for a final settlement of the administration accounts of such deceased executor or administrator, as provided in this act, the court in which such action is pending shall render judgment against such surety or sureties for the amount which such judge of the county court shall upon such final settlement, find to have been due upon the administration accounts of such deceased executor or administrator at the time of his death, and in case such judge of the county court, upon such final settlement shall find that nothing was due upon the administration accounts from such deceased executor or administrator, at the time of his death, then the court in which such action upon the administration bond is pending, shall dismiss such action.

SECTION 4. In case where any sole or surviving Books of acexecutor or administrator has heretofore died or shall count to be prima facie evihereafter die, leaving his administration accounts unset dence." tled, and leaving books of account as such executor or administrator, appearing to have been kept in his own hand writing, such books of accounts shall be prima facie evidence of the receipts and disbursements therein entered.

SECTION 5. All acts or parts of acts, so far as they conflict with the provisions of this act, are hereby repealed, and this act shall take effect and be in force from and after its passage and publication.

Approved January 21, 1870.

Amended.

CHAPTER 2.

[Published February 16, 1870.]

AN ACT to amend section four of chapter, forty-six of the general laws of 1859, entitled "an act to authorize the formation of town insurance companies."

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1. That section four of chapter forty-six of the general laws of 1859, is hereby amended so as to read as follows: the directors of such company may issue such policies, signed by the president and secretary, agreeing in the name of the company to pay all damages which may be sustained by fire for a term of five years by the holders of such policies, and not exceeding the sum named in such policy.

SECTION 2. This act shall take effect and be in force from and after its passage and publication. Approved February 14, 1870.

CHAPTER 3.

[Published February 16, 1870.]

Amended.

AN ACT to amend section one of chapter 97 of the revised statutes of the state of Wisconsin, entitled" of wills of real and personal estate.".

The people of the state of Wisconsin, represented in senate and asssembly, do enact as follows:

SECTION 1. Section one of chapter 97 of the revised statutes of the state of Wisconsin, entitled "of wills of real and personal estate," is hereby amended so as to read as follows: every person of full age and sound mind, being seized in his own right of any lands or of any right thereto, or entitled to any interest therein, descendable to his heirs, may devise and dispose of the same by his last will and testament in writing; and all such estate not disposed of by will, shall descend as the estate of an intestate, being chargeable in both cases with the payment of all his debts; and any

married woman of the age of eighteen years and upwards may devise and dispose of any real or personal property held by her, or to which she is entitled in her own right by her last will and testament in writing, and may alter or revoke the same in like manner that a person under no disability may do the same.

SECTION 2. This act shall take effect and be in force from and after its passage and publication. Approved February 15, 1870.

CHAPTER 4.

[Published February 18, 1870.]

AN ACT to provide for docketing petitions for liens by mechanics and other persons.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

to keep docket

SECTION. 1. Every clerk of the circuit court shall Clerks of courts keep a separate docket for the purpose of docketing for liens. petitions for liens by mechanics and other persons, filed in his office by virtue of the provisions of chapter 153 of the revised statutes, entitled "of liens of mechanics and others," and the several acts amendatory thereof, and relating thereto; each page of which shall be divided into eight columns, with written or printed headings to the respective columns as follows, viz:

Form of docket.