Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1844-06-04
LAW OF WISCONSIN.
AN ACT,

of Representatives. ofAe Territory Of WIS
conSin
Sec. l. Every justice Of the peace here
after elected shall file his official bond with
the clerk of the district court,and it shall mol
be necessary TO have the same recorded.
Sec 2, When plaintiff has given secu'i-
~ for costs, ifjudgment be rendered for the
defendant, the justice shall, OH application,
enter judgment against the surety for costs;
and issue execution thereon, after the exc
cution on The original judgment shall be re-
turned unpaid as TO such costs or any part
thereof.
Sec. 3. Upon the return of any process,
each party shall put in his pleadings. and
give bill of particulars of his demands, II
required by the justice or opposite party; the
justice shall then, upon the application OF
either party, without requiring cause to be
shown, adjourn the case for such time as
may be required, no, exceeding one week;
but if sufficient cause be shown on oath, by
either party the justice shall grant an ad-
lournmcnt for a longer time than one week,
not exceeding, however, ninety days. No
costs shall be taxed for the travel or at en-
dance of any witness in cause on the re-
turn day Of the original process issued there
in returnable on that day, nor for travel IN
serving the same, unless an actual tina! snail
La had in the cause on such return day.
Sec. d. Any person oggrievcd by any
Judgment rende red by justice of the peace
under The act of which this amendatory,
wien the judgment shall exceed fifteen dol
lars may appeal by himsellor agent, TO the
district court Of the county where the same
was rendered. Prorided however, that
where The claims Of either party, as proved
in the cause at the trial, shall exceed hfty
dollars, or the claims Of both parties, as pro,
we'd al the trial, shall exceed one hundred
dollars, then either party may appeal from
such judgment, although The recovery be-
fore the Justice be less than fifteen o!ars;
in which case the fact Of such sum or sums
having been proven on the trial shall be
set forth and certified by the justice in his
return Pror'ded, also, that in all cases
wLere an appeal is not allowed by the pro
visions OF this section, il sh,ll be lawful for
either party 10 remove the cause 10 the dis
trct court, by a writ Of certorari, and so
much of article twelfth, of the act emit led
an act, concerning Justices Of he peace, as
will be necessary to carry the provision Of
This section in to effect, is hereby retained,
section Ia Of this act to the contrary no.
withstanding, and in such cases i sh.ll be
the duty Of The Justice TO return all the ,es-
tmony and proceedings had before him:
PrOrdcd, this law shall not interfere with
any actions in ,scs Of forcibe entry and
detainers.
Sec. .. No appel sh III be allowed in
any case, un,ess the following requisites
are complied with wthinte days a tier iudg-
men rendered, viz: lsi. An afii Iavit shall
be filed with The justice before whom the
cause was tried, stating tina, the appeal is
made in good faith, AM not for the purpose
of delay. I'd. A recognizance ent red in
TO by the party appealing, his agent or at
:orncy, to the adverse patty, in sum sulfi.
Gent to secure such jud gmcnt and cost Of
appeal, must be entered into, with Que or
more sure,ies, to be proved by The Justice.
Sec. 0. No acting justice of The peace
shall hereafter hold his Office in the same
room with any practicing attorney, unless
such attorney shall be his partner; and in
that case, such partner shall not be permit
ted 10 appear or practice as attorney in any
case tried before him
Sec. I. Section eight Of an act entitled
''an act to amend an act concerning lusi-
Co.'S of the peace approved January Slh,
1910, shall be so construed us to permit
the removal of IA cause or trial from a JUS
lice but once, and no more; and no cause
or proceeding shall be removed from before
rny Justice OF the peace unless the appica-
ton therefor be made on the return day OF
the process. ard before any proceedings
had on the part of the defendant.
Sec. 5. No copy of summons need he
left with the defendant where service of
the same is made personally, unless it is
demanded by him; and unlefs so demand
ed. the officer serving such summons shall
not be entitled TO fees for copy thereof.
Sec. 9. In addition TO the cases in
which, as now provided by law, creditors
may sue their debtors Icy attachment before
justice of the peace, they may hereafter
do so whenever the debtor resides out of
The county, aud more than one hundred
miles from the residence OF the Justice be.
fore whom suit is brought; which facts shall
he set forth in the affidavit required 10 Lo
filed with the justice
Sec. 10. No final judgement shall be
rendered against any garnishee except ia
cases of judgment by default, 10 pay or de-
liver to the creditor Of his debtor any other
article or thing, ia any ether manner. or
at any other time, than such garnshec
would be obligated to pay such debtor; aud
whenever final judgment excp, in cases
of Judgment by default is rendered against
any garnishee, it shall conform 10 the pro-
visions Of this elton.
Sec IL. No garhishec shall be required
10 give bond, as directed b, the Dist Sec
ton Of article ii of the act OF which this
is amendatorv. unless the justice. after ex-
animation, shall be satisfied that due proof
has been made of the facts roqaice3 10 be
set forth in the affidavit specified in section
II Of said article.
Sec. II. Ii the plaintiff, in any action
Of roplevin hereafter brought in The district
court shall recover any damages, he shall
recover costs, unles it shall appear by the
appraisal of the property rcpleyined tina,