ditioned for the payment of the amount of the judg less than three SECTION 5. When the day of rendition of the Stay to be not judgment, shall be more than nine months from the months after day of the issuing of the original process upon which Judgment. judgment was founded, the stay herein authorized shall be counted from the day of the rendition of the judg ment, and shall be for three months in all cases where the necessary security shall be entered according to the provisions of this act. SECTION 6. When security shall be entered in open Justification of court, according to the provisions of the first section of bail. this act, it shall be lawful for the plaintiff to call upon the defendant to justify his bail, either in term time or before the judge in vacation, upon reasonable notice to be given to the defendant, his agent or attorney; and in all cases where security may have been entered out of court, and the plaintiff may deem the bail insufficient and inadequate, he may give notice not less than ten days, to the party entering the same, his agent or attorney, that he will be required at some certain day named, before the judge in term time or vacation, before the commissioners of bail, or before the clerk of the court, to justify his bail. And in case either of these officers, before whom the hearing shall be had, shall deem the security insufficient, he shall order new bail to his satisfaction to be entered, and in case such order is not complied with in four days thereafter, execution may issue immediately against the party so failing, and against the bail so objected to, without further stay, upon the officer filing a certified copy of his proceedings on said hearing, with the clerk of the, court SECTION 7. Nothing herein contained, shall be Exceptions to construed to interfere with the entering of judgment the above proupon confession or agreement, with such stay of execution as may be agreed upon by the parties; and nothing in this act contained shall be construed to allow a stay upon an execution upon a judgment against a sheriff, constable, coroner or other collecting officer, Penalty for not paying over money. Execution, how levied. Repeal. for a delinquency by default in executing or fulfilling the duties of his office, in any point of view whatever, or upon any judgment against an attorney at law for money received by him for his client, or against a principal by his security, but execution in such cases shall be proceeded upon immediately. SECTION 8. Any sheriff or other officer, in whose hands an execution may come, who shall refuse to pay over any moneys in his hands, raised on said execution, to the person entitled to receive the same, his agent or attorney, upon demand made, shall be amerced in a fine of fifty per cent per annum upon the amount so detained, according to the time which the same may be retained by the sheriff or other officer after demand made. SECTION 9. The officer to whom a writ of execution is delivered, shall proceed immediately to levy the same upon the goods and chattels of the debtor, but if goods and chattels cannot be found sufficient to satisfy such execution, the officer shall forthwith levy the writ of execution upon the lands and tenements of the debtor, to satisfy the judgment upon which the writ of execution issued: provuled, that if any debtor whose goods and chattels have been levied upon, shall, within six days after the levy thereof, give written. notice to the sheriff that he would prefer that certain lands in said county, describing them, belonging to him, should be sold before the sale of his goods and chattels so levied upon, the sheriff shall then proceed no further in the sale of the goods so levied upon, until he shall have exposed the said lands to public sale, after due notice being given thereof according to law; and if said lands should not sell for sufficient to satisfy the execution, the sheriff, shall then proceed with the sale of the goods and chattels first levied upon: provided, that such delay shall not be had, when, in the opinion of the sheriff, the lands so designated for sale by the debtor do not belong to him, or shall be manifestly inadequate to the satisfaction of the execution. SECTION 10. Any law or supposed law of this territory, which requires notice of the sale of real estate in a public newspaper printed in the city of Detroit, or at the seat of government of this territory, is hereby repealed; and in cases where publication of notice for the sale of real estate is required to be made in a newspaper, and if there should not be a newspaper printed in the county it shall be published in the newspaper nearest to the seat of justice of the county where the land is situated. SECTION 11. Section fourth of "an act concerning judgments and executions of the legislative council of Michigan and all other parts of said act and other acts inconsistent herewith are hereby repealed." Approved January 19, 1838. No. 86. AN ACT to incorporate the town of Fort Madison. SECTION 1. Be it enacted by the council and house of Limits. representatives of the territory of Wisconsin, That all that portion of territory which is included in a survey made by and under the authority of the United States, and which is known and designated as the town of Fort Madison, containing about six hundred and forty acres of land, in the county of Lee, in said territory, be, and the same is hereby constituted a town corporate, and shall hereafter be known by the name or title of the town of Fort Madison. elected, and SECTION 2. It shall be lawful for the free male What officers inhabitants of said town over the age. of twenty-one how. years, and being citizens of the United States and res-ident within the limits as described in the preceding section, to meet at some convenient place in said town of Fort Madison on the first Monday of May next, and on the first Monday of May annually thereafter, and then and there proceed, by plurality of votes, to elect by ballot a president, recorder and five trustees, who shall hold their offices one year, and until their successors are elected and qualified. And any five of them shall be a board for the transaction of business, but a less number may adjourn from time to time: provided, that if an election of president, recorder and trustees shall not be made on the day when pursuant to this act it ought to be made, the said corporation shall not for that cause be deemed to be dissolved, but TER. LAWS-31 Election, how conducted. Duties of presi. dent and recorder. Corporate name and powers. Oath of office. it shall and may be lawful to hold such election at any time thereafter, pursuant to public notice to be given in the manner hereinafter prescribed. SECTION 3. At the first election to be holden under this act there shall be chosen, viva voce, by the electors present, two judges and a clerk of said election, who shall each take an oath or affirmation faithfully to discharge the duties required of them by this act. And at all subsequent elections to be held under this act the polls shall be opened between the hours of nine and ten o'clock in the forenoon and close at four o'clock in the afternoon of said day; and at the close of the polls the votes shall be counted and a true statement thereof proclaimed to the electors present by one of the judges, and the clerk shall make a true record thereof, And within five days after such election the said clerk shall give notice to the persons elected of their election. And it shall be the duty of the said president and trustees at least five days before each and every annual election, to give notice in three places in said town. SECTION 4. It shall be the duty of the president, to preside at all meetings of the president and trustees, and it shall also be the duty of the recorder, to attend all meetings and keep a fair and accurate record of their proceedings. SECTION 5. The president, recorder and trustees of said town shall be a body corporate and politic, with perpetual succession, to be known and distinguished by the name of "the president and trustees of the town of Fort Madison," and shall be capable in law in their corporate name, to acquire property, real and personal, for the use of said town, may sell and convey the same, and may have a common seal, which they may alter at pleasure, may sue and be sued, defend and be defended, in any court having competent jurisdiction. And when any suit shall be commenced against said corporation, the first process shall be by summons, and an attested copy thereof shall be left with the recorder, at least eight days before the return day thereof. SECTION 6. The officers elected by virtue of this act, shall each, before entering upon the duties of his office, take an oath or affirmation to support the con stitution of the United States, and also faithfully to discharge the duties of his office. SECTION 7. The president and trustees shall have Corporate power to ordain and establish ordinances and regula- powers tions for the government of said town and the same to repeal or re-ordain at pleasure; and provide in said ordinances for the election of a treasurer, two assessors, a town marshal and other subordinate officers, which may be thought necessary, for the good government and well being of said town; to prescribe their duties, declare qualifications, and determine the period of their appointment, and the fees they shall be entitled to receive for their services, and to require of them to take an oath or affirmation, faithfully and impartially to discharge the duties of their respective offices, and may require of them such security, for the performance of the duties of their respective offices, as shall be thought necessary. SECTION 8. The president and trustees of said of taxation and town, at their regular or special meetings, shall have other objects. power, to assess upon real and personal estate within the town, not exceeding the one-half of one per centum upon the assessed value thereof, except as is hereafter excepted; to make regulations to secure the general health of the inhabitants; to prevent and remove nuisances; to restrain and prohibit gaming houses, and other disorderly houses; to build market houses, construct wharves, grade streets, establish and regulate markets; to open and keep in repair, streets, avenues, lanes, alleys, drains and sewers; to keep the river free and clear from all incumbrances; to establish a fire department, and provide for the extinguishment of fires; to regulate the storage of gunpowder, and from time to time to pass such ordinances, to carry into effect the ordinances of this act, and the powers herein granted, as the good of the inhabitants may require, and to impose and appropriate fines and forfeitures for the breach of any of said ordinances, and to provide for the collection thereof. SECTION 9. That the said board shall cause to be Estimation of summoned twelve good and lawful men, freeholders damages on opening streets. and inhabitants of said town, not directly interested, who, being first duly sworn for that purpose, shall enquire into and take into consideration, as well the benefits as the advantages that may accrue, and esti |