For current expenses. CHAPTER 148. [Published March 29, 1862.] AN ACT to appropriate to A. P. Hodges, states [state] prison commissioner, a certain sum of money therein named. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. There is hereby appropriated to A. P. Hodges, states [state] prison commissioner, out of any money in the state treasury not otherwise appropriated, the sum of fifteen thousand dollars, to defray the current expences [expenses] of the states [state] prison for the year 1862; the said fifteen thousand dollars to be drawn from the treasury quarterly in advance, to commence on the first day of January, 1862; and the said commissioner shall return a detailed account of his disbursements to the governor, at the end of each quarter. SECTION 2. This act shall take effect and be in force from and after its passage. Approved March 27, 1862. CHAPTER 149. [Published March 28, 1862.] AN ACT relative to publishing the notice of tax sale and the delin quent list in the county of Columbia. (See supplement to local laws.) CHAPTER 150. [Published March 29, 1862.] AN ACT to legalize the publication of the clerk's delinquent tax list for the year 1861, in the county of Shawanaw. (See supplement to local laws.) CHAPTER 151. [Published March 29, 1862.] AN ACT to vacate [the] village plat of Osceola city, Shawano [Shawanaw] county. (See supplement to local laws.) CHAPTER 152. [Published March 29, 1862.] AN ACT to enable the city of Kenosha to readjust and arrange its indebtedness. (See supplement to local laws.) CHAPTER 153. [Published March 29, 1862.] AN ACT directing the commissioners of school and university lands to cancel the mortgage therein named. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. The commissioners of school and uni- Mortgage execu ted by Bryan versity lands are hereby directed to discharge and Traynor. cancel the mortgage executed by Bryan Traynor to the state of Wisconsin, upon the south half of the northeast quarter, and the north-west quarter of the southeast quarter of section number twenty, township number ten north, range thirteen east, dated July 15th, A. D. 1858, to secure the payment to the state of the sum of five hundred dollars. SECTION 2. This act shall take effect and be in force from and after its passage. Approved March 28, 1862. Lien for labor and service on logs, etc. CHAPTER 154. [Published March 31, 1862.] AN ACT providing for a lien for labor and service upon logs and lumber in certain counties. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. Any person, company or corporation, that may do or perform any labor or services in cutting, falling, hauling, driving, running, rafting, booming, cribbing or towing any logs or timber in the counties of Pierce, St. Croix, Polk, Dallas, Burnet, Douglas, [Douglass,] La Pointe and Ashland, in this state, shall have a lien thereon for the amount due for such labor or services, and the same shall take precedence of all Provisions of act other claims thereon. The provisions of this act shall bor prior to pas- apply to all such labor or services that may have been done or performed prior to the passage of this act, so far as the provisions of this act can be made applicable thereto, and the person, company or corporation that may have done or performed the same, can comply with the provisions of this act. to apply on la sage of act. Petition or state- &c., to be filed. SEC. 2. No such debt, demand or claim shall remain a lien on any such logs or timber, unless a petition or statement thereof, in writing, under oath by the petitioner, or some one in his behalf, shall be made and filed in the office of the clerk of the circuit court of the proper county, at the time or times hereinafter specified. Such statement or petition shall briefly set forth and state the nature of such claim or demand, the amount due, and a description of the logs or timber upWhen petition, on or against which the lien is claimed. If such labor and services be done and performed and completed, between the first day of November and the first day of May, then such petition or statement shall be filed on or before the first day of June next thereafter; but if the same shall be done and performed, either in part or in whole, after the first day of May, then such petition of statement shall be filed within thirty days after the completion or last day of such labor and services; When suits shall and suit shall be commenced for the recovery and enforcement of such claim or demand under the provisions be commenced. of this act, within four months after the filing of such statement or petition. Lien may be en ed. SEC. 3. Any person, company or corporation, having forced by attacha lien upon or against any logs or timber, pursuant to ment. the provisions of this act, or of any other law, may enforce the same by attachment against such logs or timber, in the circuit court of the proper county, upon the conditions and in the manner prescribed by chapter one hundred and thirty of the revised statutes, entitled "of proceedings against debtors by attachment," so far as the same can be made applicable thereto, and not herein otherwise provided. Before any attachment shall Affidavit requir. be executed, the petitioner or claimant, or some one in his behalf, shall make and annex thereto an affidavit, stating that the defendant named therein, (being the claimant or petitioner,) and specifying the amount of such indebtedness, as near as may be, over and above all legal set-offs; and such affidavit shall, also, show that such indebtedness is due for, or accrued for, such labor or service on logs or timber, as entitles the plaintiff to a lien thereon, describing the logs and timber; and such affidavit shall also state that the plaintiff has filed his petition or statement for a lien. proceedings shall SEC. 4. All suits or proceedings in the premises, in How suits and the circuit court, shall be commenced and prosecuted be prosecuted. as any other civil suit, with the power and provision of proceeding by attachment against the property upon which lien is claimed, as is provided in proceedings by attachment, by chapter one hundred and thirty of the revised statutes, except as herein otherwise provided, and therein not applicable thereto. SEC. 5. The attachment shall require the sheriff, or Nature of attachother proper officer of the proper county, to attach and ment. safely keep the logs or timber described in such affidavit, or so much thereof as may be necessary to satisfy the plaintiff's claim, with costs, disbursements, charges and expenses. sary for attach SEC. 6. No attachment shall be executed under the Amount necesprovisions of this act, in the circuit or county court, un- ment to issue. less the amount stated in such affidavit is due to the plaintiff, over and above all legal set-offs, shall be the sum of one hundred dollars or upwards. SEC. 7. The plaintiff in any proceedings to enforce Plaintiff not resuch lien as herein provided, shall not be required to curity except in give the undertaking or security for costs or damages certain cases. required by section five of said chapter one hundred and thirty of the revised statutes, unless required by an be made. order made by the court, the judge thereof, or by the county judge, or a court commissioner of the county in When order shall which such attachment is issued; and no such order shall be made, unless the defendant shall make an affidavit, showing that he has a good and valid defence [defense] in whole or in part, setting out the nature of the defence, [defense, and to how much and what portion thereof; and when the defence [defense] is only to a portion of the plaintiff's claim, before any such order shall be made, the defendant shall pay to the plaintiff that portion of the claim to which there is no defence [defense,] and such payment shall not affect the jurisdiction of the court, or prevent the recovery by the plaintiff of the same costs, disbursements and charges, had not the amount of his claim been reduced by such Notice required. payment. No such order shall be made without giving at least two days' notice to the plaintiff. Jurisdiction of justices. How persons hav ing lien may proceed. SEC. 8. Justices of the peace, within their respective counties, shall have cognizance and jurisdiction of all cases arising under this act, (and of any cases for a lien upon or against personal property,) when the debt or demand claimed shall not exceed the jurisdiction of a justice of the peace; and any person, or company, or corporation, having any such lien, and the amount thereof being within the jurisdiction of a justice's court, shall be entitled to proceed, by attachment, in a justice's court, against the property upon which he has such lien, for the enforcement of the same, upon the conditions and in the manner prescribed in that portion of chapter one hundred and twenty of the revised statutes, relating [entitled] "of proceedings by attachment and against garnishees," so far as the same can be made applicable thereto, and not herein otherwise provided. Affidavit requir- Before any such warrant of attachment shall be issued, the plaintiff (that is, the person claiming such lien, or some person in his behalf,) shall make and file with the justice an affidavit setting forth the same facts, and making the same statement as is required in the affidavit to be attached to the attachment in the circuit court, as provided by section three of this act. ed, SEC. 9. The attachment issued by any justice of the peace shall be returned as an ordinary summons, and may be in the following form: |