Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1842-03-29


the last general election took place.
SEC. 3. This act shall not be so construed as to
affect the tenure of office of those officers elected
or TO be elected In pursuance of the provisions OF
the act to provide for the government of the several
towns in this Territory, and for the revision OF
county government, approved February 18th, 1S41
IN the several counties where said act may have
been adopted.
Approved, February Is, 1912.
AN ACT to amend the several acts to provide for
the support of Common Schools.
BE it enactcd Jy the Council and House Of Repre-
sentatices Of the Territory Of Wisconsin.
SEC L. That school commissioners elected for
the several towns counties within this Territory,
shall have authority in addition to that gwen
by law to sell any dead or decaying timber standing
on sections numbered sixteen, provided that no
green or living timber shall be solo, deadened, cut
down, or taken off said lands, by virtue of any
lease which may be made by said commissioners.
Sec q 1t shall be the duty of the commissioners
of common schools, in all the counties in which
" an act to provide for the government of the
raj towns in this Territory, and for the revision of
county government" approved Feb. 18th, 1S4l,
has been adopted to take charge of sections num-
bered sixteen and all school lands within the limits
of their respective towns, and to lease the same, for
some time not exceeding four years; to dispose of
all fallen timber said ands to commence in their
trespass or other injuries done to said lands.
SEC. 3. All moneys received by said commission
ers tor rents, fallen timber, or trespasses, shall be
applied by them to the support of common schools
within their respective towns.
SEC. No school district shall have power to levy
tax of more than two and half mills on the dol
lar on the assessment roll, any law to the contrary
notwithstanding
Approved Feb 18, l842.
AN ACT to amend the act of the revised Statues
concerning the Supreme and District Courts.
BE u enacted by the Council and House of Rep
resentGtiueS Of the Territory Of Wisconsin as fol-
lo,cs:
SEC. l. Whenever it shall be necessary to call
jury for the trial of any issue in the Supreme Court
IN cases of Bankruptcy, said Court in term time,
os any Judge thereof in vacation, may order
ire to issue to the Marshall of the Territory,
turnable at such time may be specified In such
order, commanding said Marshall to summon TWEEN
ty-four good and lawful men, being citizens of the
Territory, to serve as jury in said Court.
SEC 2 Ii for any cause sufficient number OF
jurors shall fail to be in attendance at any term
sitting of said court said Court may order the Mar
shall forthwith, to summon a sufficient number of
talesmen to make up the jury In any cause.
Sec g. The Supreme Court shall be held at the
Seat of Government of the Territory on the third
Monday of July and third Monday of January in
each year.
Approved February 16, 1842.
AN ACT to amend the act of the Revised Statutes
entitled " An act concerning the writ of attach
ment.'
BE 1T enacted by the Council and House of Rep
vescntatres Of the Territory Of Wisconsin, as fol-
io,os:
SEC L. A writ of attachment may be issued
the first process In personal actions, in the
fol nd 9th First tbo dafa
dant is not resident of the Territory. Second,
Where the defendant has departed, or is about to
depart from the Territory with intent to abscond;
and Third, Where the defendant is about fraudu-
lenty to remove, convey, dispose of his property
to hinder delay the creditor or creditors
sueing out such writ.
SEC. 9 To authorize the ssueing an attachment
in any case, the defendant must be indebted to the
plaintiff in OF action, arising out of founded
upon, or sounding IN contract, or upon the Judg-
ment decree of some court of law chancery.
SEC. 3. The facts necessary to enttle party to
writ of attachment, shall be proven to the salts
faction of district Judge, or OF a Supreme Court
Commissioner of the proper county, by the aflida-
Wit of the plaintiff some credible witness, stating
therein the nature and amount of the plaintiff de-
mand and the circumstances upon which the belief
of such facts is founded and such officer shall en-
dorse the fact of his satisfaction the affidavit
which shall be filed with the clerk of the court be-
fore the writ shall issue.
SEC 4. 1t shall be competent for the defendant to
traverse the affidavit, and to prove 10y testimony
ken in pursuance of the rules of the falsiy of
the allegations upon which the writ issued and if
the court shall lind that the said allegations are
false, the property shall be released: PrOrded, that
nothing herein shall impair any right of a plea in
abatement of the writ, which the party may have,
and of the trial by jury of the facts stated in such
plea, according to the course of the common law.
SIC s. The writ of attachment shall command
the officer attach the goods and chattcls, lands
and tenements, moneys rights and credits of the
debtor; and also to summon the defendant, if to be
found in his county, to answer the plaintiff in the
action Prorided, that the same property which
would be exempt by law from execution, shall be
exempt from attachment.
SEC g. The service of such writ shall be made
ny attaching the property OF the defendant, and by
delivering TO him, if to be found copy of the writ
and the officer serving the shall return true
inventory and appraisement of all the property at
tached, and the fact whether the defendant was
summoned or not.
SEC. 7. In of personal service of the writ
upon the defendant, il shall be necessary to call
the defendant and have his default entered, but the
suit shall proceed as in ordinary case of summons
and no notice shall be required TO be published, as
provided by the third section of the act of which
this is amendatory. In every other case the suit
shall be proceeded in according to the several pro-
visions OF said act.
SEC s. If real estate is attached by virtue of anv
writ of attachment, the officer on service thereof
shall make a certified copy of said writ and of his
return thereon, which shall be filed and recorded in
the book of mortgages in the Re gisers office of the
county in which such real estate is situated and
from the tine of filing aforesaid, the same shall
be and continue q hen on all real estate mentioned
or described In the return of the officer in such
county, until the shall be discharged; and
when said lien shall be discharged by the order of
said court, or by satisfaction of the Judgment rem
dered in the suit, it shall be the duty of the said
Register when requested, 10 record the satisfaction
piece or transcript of the record of such order in
the book of mortgages, and to enter on the margin
of the page or pages where the said writ and re-
turn are so recorded, minute of such discharge or
satisfaction.
Grc q The fret and second sectiopc Of bs ~,