NOTE. Where a superfluous word has been found in the enrolled bill, it has been printed in the text, but in italics, and enclosed in parenthesis, (thus. ) Where a word has been found necessary to sustain the sense of the context. or where one word has been obviously mistaken for another, the word sup. posed to be proper has been supplied, but in brackets, [thus.]

Sheboygan

Sheboygan.

Palmyra..
Waupun..
Portage...

Jefferson.

Prairie du Sac..

Dodge.
Columbia.
Sauk.
La Fayette.

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 adminis trator, 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.

sue citation.

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 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 herein before 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.