be annexed to the petition and made a part of the record.

Duty of judge

SECTION 3. Upon the filing of such petition, the when petition judge shall make an order requiring all persons inter- filed. ested in any such estate, to appear before him, at a day therein named, to show cause why the record should

lished.

not be restored; but no such hearing shall be had till Order to be pubsaid order has been published at least three successive weeks in some weekly newspaper published within the county of Racine.

facts-when to

SECTION 4. If it shall appear upon the hearing, to Certificate of the satisfaction of the judge, that the guardian, execu- be made. tor or administrator, filing the petition, has fully discharged the duties of his trust, the judge shall enter a certificate of the facts upon the record.

when guardian,

ly executed his

SECTION 5. If it shall appear that such guardian, Duty of judge executor or administrator has not fully executed his &c., has not ful trust, the judge shall make an order requiring him to trust. give a new bond, in such sum and with such sureties as said judge may direct and approve, conditioned for truly accounting for all moneys and assets which have come into his hands as such guardian, executor or administrator, and otherwise, pursuant to the statute in case of an original bond, and upon filing such bond, such other and further proceedings may be had as if no previous appointment had been made, except as hereinafter provided.

claims.

SECTION 6. Whenever any claims have been allowed In relation to by the judge or commissioners, and paid by the executor or administrator, no further proceedings shall be had in relation thereto; but if the claims have not been actually paid, the same proceedings shall be had as if no action had been taken.

corded.

SECTION 7. Whenever a certified copy of an order Papers to be refor the conveyance by an executor or administrator of. lands held under contract, or a certified copy of the record thereof in the office of the register of deeds in any county in this state, shall be produced to said court, the same shall be recorded, and when so recorded shall be prima facie evidence that the order was duly made.

tion has been

estate.

SECTION 8. In any matter in which application shall When applica have been made to said court prior to the destruction made to sell roa of such record by any guardian, executor or administrator, for license to sell real estate, and no confirmation of sale shall have been made, such application and

New guardian, &c., to be ap

fuse to give bonds

all proceedings thereon shall be dismissed upon a new application for said purpose being made.

SECTION 9. If any guardian, executor or admintrapointed when re- tor shall neglect or refuse for the space of twenty days to give the bond as provided in section five of this act, he may be removed from said trust without further notice, and a new guardian, administrator with the will annexed, or administrator, may be appointed without further notice.

New guardian,

&c., to be ap

SECTION 10. If any guardian, executor or adminispointed when re- trator shall neglect or refuse to petition the court for fuse to petition. the space of two weeks, after application to him in writing by any person interested, either in his own behalf or in behalf of any minor for the restoration of the records as provided in section second of this act, the judge shall make an order removing such guardian, executor or administrator, and shall appoint some suitable person guardian, administrator with the will annexed, or administrator, in place of such removed guardian, executor or administrator, and the guardian, executor or administrator, neglecting or refusing to act in the manner provided in this act after the notice aforesaid, shall guardians, &c., be responsible to his successor for all moneys and es

Responsibility of

removed.

Of deeds purporting to be execu

&c.

tate of whatever nature or kind which may have come into his possession as such guardian, executor or administrator, and shall be allowed nothing for services heretofore rendered, or any sums he may claim to have disbursed as such guardian, executor or administrator.

SECTION 11. All deeds of land purporting to have ted by guardian, been executed by any guardian, executor or administrator, prior to the twenty-fourth day of January, in the year one thousand eight hundred and sixty-one, and which shall have been acknowledged prior to that date and duly recorded, or which shall hereafter be recorded, shall to all intents and purposes have the same effect as if the order and proceedings of the county court were in being, and the said deeds shall be prima facie evidence of the regularity of all proceeding prior to and including the sale and confirmation thereof, and also of the regularity of all proceedings prior to and including any order made by said court for the conveyance of any land or lands by an executor or administrator held under contract for the conveyance of the same.

In cases of final decree.

SECTION 12. In all cases where there has been a final decree or order in any matter before the probate or county court, in probate proceedings, and a certified

copy of the same is produced to the judge of said court, or the contents of the same otherwise proved to the satisfaction of said judge, he shall enter the same of record; and said order or decree shall have the same force and effect as the original order or decree, and as if all the prior proceedings were of record, and the same shall be prima facie evidence of the regularity of all proceedings prior to granting the same.

SECTION 13. In all cases when dower has been In cases where assigned, or partition of real estate made by direction dower has been of the county court, the papers relating thereto, entitled to record in the office of the register of deeds, or a certified copy of the record thereof, when produced to said court, shall be recorded; and when so recorded the record thereof shall have the same force and effect as if the proceedings upon which they are predicated had not been destroyed, and shall be prima facie evidence of the regularity of all prior proceedings in the case.

of any guardian.

SECTION 14. In case of the death of any guardian, In case of death executor or administrator, the petition otherwise to be &c. made by such guardian, executor or administrator, shall be made by the executor or administrator of such deceased guardian, executor or administrator; and in case he shall neglect or refuse to make such petition for the space of two weeks after application to him in writing, by any person interested either in his own behalf, or in behalf of any minor, it shall be the duty of the county judge to remove him from his trust and appoint some other person in his place.

porting to be

SECTION 15. All papers purporting to be copies of Of papers purs last wills and testaments of deceased persons, which copies of last shall be proved to said court at a regular term thereof wille, &c. to have been heretofore admitted to probate and allowed as and for the last wills and testaments of said deceased persons, by the probate or county court of Racine county, prior to the twenty-fourth day of January, one thousand eight hundred and sixty-one, and which shall be proved to the satisfaction of said court to be true copies of the original wills heretofore filed in the probate registry of said court, shall be entered of record in said court, together with the aforesaid proof of the probate and allowance of the same, and the said record and the proof of the same, shall have the same force and effect, to all intents and purposes, as the record of the said wills and of the proof thereof, made prior to the

County judge authorized to draft petitions, &c.----Fees.

said twenty fourth day of January, one thousand eight hundred and sixty-one.

SECTION 16. The county judge is hereby authorized to draft all petitions and other papers made necessary by this act, and he shall be entitled to the same fees for such services, and for all other services which he may perform in restoring the records of said court, as are now allowed by law for similar services, and the same, together with all fees for printing, and fees of individuals necessary in restoring said records, shall be audited by the county board of supervisors, and paid out of the county treasury.

SECTION 17. This act shall take effect and be in force from and after its passage. Approved February 15, 1861.

Time extended.

Authority to
Treasurer.

Treasurer to make returns.

CHAPTER 32.

[Published February 18, 1861.]

AN ACT to extend the time for the collection of taxes in the Town of Centre, in the county of La Fayette.

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

SECTION 1. The time for the collection of all taxes, except the state tax, in the town of Centre, in the county of La Fayette, due for the year 1860, is hereby extended until the first day of April next, until which time the treasurer of said town by virtue of his warrant for the collection of taxes, shall have the same power and authority to receive and enforce the payment of taxes in his town, and shall proceed in the same manner as is prescribed by law.

SECTION 2. The said town treasurer shall, on the first day of April next, make returns to the county treasurer of said county, of all lands upon which taxes have not been paid, and the county treasurer shall proceed to sell the lands upon which the taxes remain unpaid, according to law.

SECTION 3. This act shall take effect and be in force from and after its passage.

Approved February 15, 1861.

CHAPTER 33.

[Published February 18, 1861.]

AN ACT concerning the Change of Venue, in criminal actions, in the Municipal Court of the city and county of Milwaukee.

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

be changed from

SECTION 1. Whenever a change of venue is allowed When venue may in any criminal action in the municipal court of the municipal to circity and county of Milwaukee, on account of the inter- cuit court. est or prejudice of the judge of said court, or because the said judge has been of counsel for, or is related to, the defendant, such action shall be removed to the circuit court for Milwaukee county for trial, and shall be tried in said circuit court, notwithstanding the provisions of any law of this state concerning the change of venue in criminal actions.

SECTION 2. This act shall be published immediately, and shall take affect from and after its passage. Approved February 16, 1861.

CHAPTER 34.

[Published February 18, 1861.]

AN ACT to amend Chapter 22 of the General Laws of 1859, entitled "An act relative to the sale of lands for unpaid taxes and the conveyance and redemption thereof."

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

SECTION 1. Chapter 22 of the general laws of 1859, from April to Time changed entitled "An act relative to the sale of lands for un- May. paid taxes and the conveyance and redemption thereof," is hereby amended by striking out the word "April," whenever it occurs in said act, and inserting the word "May" in lieu thereof; so that hereafter the sale of lands for unpaid taxes, now required to be made in April, shall be made on the second Tuesday in May next thereafter, and the next succeeding days, and advertised in accordance therewith.