"The state of Wisconsin to the sheriff or any constable

of said county:

"You are commanded to attach the following goods and chattles, (here insert a description of the property described in such affidavit,) or so much thereof as shall be sufficient to satisfy the sum of with interest and costs, and disbursements of suit, in whosesoever hands or possession the same may be found in your county, and so provide that the same, so attached, may be subject to further proceedings thereon, as the law requires; and also summon if to be found, to be

and appear before me, at my office in said day of —, A. D. 18—, at

noon, to answer to

dred dollars or under.

"Given under my hand at A. D. 18-.

on the o'clock in the

to his damage one hun

"J. P., Justice of the peace."

Form of attach

ment.

form to law of

SEC. 10. In all their proceedings, justices of the Justices to conpeace shall conform to the provisions of the law govern- justices' courts. ing justice's courts, so far as the same can be made applicable, and as near as may be to the provisions of this act, as they apply in the circuit court, unless otherwise herein expressly provided: provided, however, that Proviso. the justice shall, in no case, require the plaintiff or plaintiffs to give security for costs, unless the defendant or defendants shall first make and file with said justice. an affidavit, setting forth that the defendant has a good and valid defence [defense] to the whole of the plaintiff's demand.

how served.

SEC. 11. All attachments issued by any justice of Attachmentthe peace, shall be served and returned as ordinary writs of attachment are served and returned in justice's court [courts.]

SEC. 12. In all suits or actions under the provisions Defendant. of this act, the person, company or corporation liable for the payment of such debt or claim, shall be defen

dant.

ment to be ren

SEC. 13. In all suits or actions under the provisions Nature of judg of this act, the court, jury or justice of the peace, who dered. shall try the same, or make an assessment of damages therein, or make an inquest therein, shall, in addition to finding the sum due to the plaintiff, also find, gener

Proviso.

Officer may pay boomage.

Action shall not be defeated.

Plaintiff shall allege.

Duty of clerk of circuit court.

Fee.

Appeal.

ally, that the same is due for the labor and services for which the action was brought, and was performed on the logs or timber set forth in the complaint therein, and that the same is a lien thereon; and the court (or justice of the peace, as the case may be,) shall render judgment in accordance with such finding, and execution shall issue therefor; and such execution, in addition to the direction and commands contained in ordinary executions in civil actions, may direct and command that the said logs and timber, or so much thereof as shall be necessary for that purpose, be sold to satisfy such judgment, and all costs, charges and disbursements; provided, however, that if the court, jury or justice shall find that the amount due the plaintiff is not a lien upon the property described in the complaint, the plaintiff's action shall not be defeated thereby, but he shall be entitled to judgment as in other civil actions.

SEC. 14. The officer making the attachment, may pay the boomage thereon, not exceeding the rate per thousand on the quantity actually attached by him, and return the amount paid on the writ, which shall be included and taxed in the bill of costs as disbursements; but if paid after judgment, then the officer may charge and collect the same out of [the] property, as other costs or disbursements.

SEC. 15. The action or lien, under the provisions of this act, shall not be defeated by taking a note, unless it was taken in the discharge of the amount due, and of the lien.

SEC. 16. The plaintiff shall allege in his complaint, the filing of such statement or petition for a lien. All such allegations relating thereto, shall be taken to be true, unless expressly denied by the defendant in his answer under oath, or by the affidavit of the defendant, or some one in his behalf.

SEC. 17. The clerk of the circuit court of the proper county, is hereby required to file all such petitions or statements, and shall receive therefor twenty-five cents for each statement or petition filed, and when demanded shall give a certified copy thereof, for making which he shall be entitled to receive the same fee allowed registers of deeds for making a copy of any record; and any such certified copy may be read and introduced in evidence in any of the courts of this state. SEC. 18. An appeal from any judgment rendered

by any justice of the peace, in any action or suit under the provisions of this act, may be taken, as provided in other civil actions before justices of the peace, and the same shall be taken in the same time and in the same manner.

SEC. 19. Any judgment rendered in the circuit or Judgment may county court, in any proceeding under this act, may be be reviewed, reviewed by the supreme court in the same manner as in other civil actions.

one claimant.

SEC. 20. Whenever there are more than one person When more than having a claim upon the same raft of logs or timber, as herein before provided, it shall be lawful for any one person having such a claim, to purchase the claims of those having claims against the same raft of logs or timber, and take a written assignment of such interest; and it shall be the duty of the person taking such assignment, Duty of assignee. to file the same with the petition required to be filed by this act; and the assignee is hereby authorized to commence an action, as in this act provided, for the whole of the sum so assigned to him, without making his assignors parties to the action.

county court.

SEC. 21. The county court of any county having Jurisdiction jurisdiction in civil actions, shall have cognizance and concurrent jurisdiction with the circuit court, in all cases arising under this act, when the demand claimed. shall not exceed the jurisdiction of said court, and shall be governed by the provisions of this chapter relative to circuit courts.

SEC. 22. This act shall take effect and be in force from and after its passage and publication. Approved March 27, 1862.

of

CHAPTER 155.

[Published March 28, 1862.]

AN ACT to authorize the board of supervisors of Sheboygan county, to raise a tax for the improvement of the harbor at the mouth of Sheboygan river, in said county.

(See supplement to local laws.)

Statutes, &c., to superintendents of schools.

CHAPTER 156.

[Published March 31, 1862.]

AN ACT to authorize the secretary of state to furnish county superintendents of schools with copies of the revised statutes and general laws.

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

SECTION 1. It shall be the duty of the register of deeds of each county in this state, whenever he forwards to the secretary of state a statement of the number of persons, officers and corporations in his county entitled by law to a copy of the laws of the last preceding session of the legislature, to include therein the superintendent of schools in his county; and he shall also designate how many such county superintendents are unsupplied with copies of the revised statutes; and the secretary of state is hereby authorized and required to deliver to such register, or to his order, copies of the revised statutes and of the general laws of each year, for the use of such county superintendents who shall be entitled to the same, and who shall deliver them to their successors in office, in the same manner as is now required by law of other county officers receiving the same.

SECTION 2. This act shall take effect and be in force from and after its passage. Approved March 28, 1862.

CHAPTER 157.

[Published March 31, 1862.]

AN ACT to legalize the official acts of Russell H. Emerson, as justice of the peace in the county of La Fayette.

(See supplement to local laws.)

CHAPTER 158.

[Published March 31, 1862.]

AN ACT to legalize the official acts of Elisha B. Dean, as a notary public, residing in the county of Kewaunee.

(See supplement. to local laws.)

CHAPTER 159.

[Published April 1, 1862.]

AN ACT to authorize the county of Jackson, in this state, to issue bonds to aid in the construction of a railroad to Black River Falls in said county.

(See supplement to local laws.)

CHAPTER 160.

[Published March 31, 1862.]

AN ACT to amend section one of chapter 162 of the general laws of 1860, entitled "an act to lay out a state road from Stevens Point to Eau Claire."

(See supplement to local laws.)

CHAPTER 161.

[Published March 31, 1862.]

AN ACT to legalize a public highway in Pierce county.

(See supplement to local laws.)