If action has

been commenc

ed against sure

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 deceased executor or administrator, against the sureties ties, they shall or either of them in such bond, and in case such action for settlement. 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 All acts or parts of acts, so far as they conflict with the provisions of this act, are hereby repealed, and this act shall take effect and be in force from and after its passage and publication.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.

Amended.

CHAPTER 3.

[Published February 16, 1870.]

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.

be made.

How entry to SECTION 2. Every such clerk shall make correct entries in his docket, aforesaid, of every petition for a lien filed in his office by virtue of the provisions of law aforesaid, under the appropriate headings, entering the names of the persons at whose request labor or materials were furnished, the names of the petitioning creditors, attorney for petitioner, the date of performing labor or furnishing materials, the date of filing petition, description of property, amount claimed, satisfaction.

Clerks to keep index of docket.

Clerks' fees.

Docket to be evidence.

Repealed.

SECTION 3. Every such clerk shall keep an index to such docket, in the same manner as he keeps an index to judgment dockets, which index shall be arranged in alphabetical order; and immediately upon the filing and docketing of any such petition, he shall enter in such index, in the proper place, the names of the persons at whose request labor or materials were furnished, the names of petitioners, and the page upon which such petition is docketed.

SECTION 4. Every such clerk shall be entitled to receive for his fees for filing, docketing and indexing each petition the sum of thirty-five cents.

SECTION 5. Every such docket and the entries therein contained, in pursuance of the foregoing provisions, shall be prima facie evidence in all the courts of this state of the correctness of such entries; and transcripts therefrom shall be evidence, the same as transcripts from other public records.

SECTION 6. Any and all provisions of law fixing a different compensation for clerk's fees for filing such petitions, are hereby repealed.

SECTION 7. This act shall take effect and be in force from and after its passage.

Approved February 17, 1870.

CHAPTER 5.

[Published February 18, 1870.]

AN ACT relative to proving the records, judicial proceedings and minutes thereof of foreign countries.

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

be admissible

SECTION 1. The records and judicial proceedings Records of foror the minutes thereof, of any court of any foreign eign country to country, shall be admissible in evidence in all cases in in evidence. this state, and shall be proved in the same manner and with like authentication as are the records, judicial proceedings or minutes thereof of any court of any state or territory of the United States, and when a transcript or copy of such records and judicial proceedings, or the minutes thereof of any foreign court, so authenticated as aforesaid, shall be offered in evidence in any case in this state, no evidence shall in the first instance be required that the seal attached to said. copy or transcript, and purporting to be the seal of such foreign court is the seal of such court, or that the signatures of the certifying and authenticating officers are genuine, further than is required in like cases in proving the records and judicial proceedings or minutes thereof of any court of any state or territory of the United States: provided, that records and minutes authenticated as aforesaid, shall be prima facie evidence only of the contents thereof.

SECTION 2. This act shall take effect from and after its passage and publication.

Approved February 17, 1870.