Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1863-03-12
CHAP SO.

AN ACT ,lative to the commencement aud prose-
cutiou o. clVI acucns hga!nst persons III the mil
itary service OF the country
The people ~ III state Of FtscopSin geDrese7ated
. 4itd eatoEy, DO u t0ttUtco:
Section !. All perso 5, resld ITS OF this state
IN che mIlLaIS service CI the United states or
TINS II .te, ~ u aII tuUS@ VII. may hereafter eu-
iIs, tpoIuteu, .iteu into military SER
state, the United ,ates, atl uu-
ring sery ce, Ue exempt from ali civil ptuc.ss
anu III all civil cases now peudins against any p-r
son, Sucu ice, tile proceedings sua,I be con-
tinued anu st7yed un'li the discharge of ouch per-
iTOm SUCH >eIyIcr, but such rmptlon or stay
suatI IN NO care extend or extended or IL, rr
thai three GEARS iom the time OF the RUG of
UGH lnio Tue service, hereubeIor Llell.
toned.
SEE 1t shall be the dut, of aay court or
Judge Their o, 4uu cl any justice peace,
whichever 1t shall tpear ,nat Il sult has been
mt need az pc wnIIe military ser
vice, u mentioned in the proceeding Ipr-cedugl
secuou, to dismiss such suit as against such per-
SOP AMI when 4 sual be made 70 appear in any
cae now penu,ug, that he pri Acipa, defendant is
the military service - TINS state, OF the Uni
ted states, shall be the duty judge
there OF, Justice Of the peace, stay all pro-
ceedinss In SUCH SUIT, as ogalnst such d-feudaut,
u til he shall be disc arged from such service ::
prOUtded, tue exemption and stay shall not exceed
tiInx men Jloued in he pre- eeedus preceding
section.
&c 5. The fact that person is in such service,
may be proved or established, st. by the affidavit
OF sue person, or any other person VINO may kuo"
he fact or, 2nd. by an affidavit oil any person
Iarty defendant been
tered into service or, Sd, 10y certificate
OF the ad urant general OF this state, TO the Ell ct
thai the muster roll III his Custody shows chat such
person has mustered into such service or
where al eyed that the defendant is in the reg
ular Ser OF the Quilted States, certificate of
the secretary OF War, or some other ofhcer compe-
tent to make such certificate, glsiug the date when
such person mustered into the service pro-
riied that the last mrutiou affidavit aud ceTti-
Gates shall be taken aud deemed to be priasd fess
evidence only, that such is still such
vice. Upon ITS being alleged that such terson Is
such service, it shall Ue the duty of the
ustics of the peace, to suspend procee iinss in
the action, to enable the party aiiedg'ng to OBJ
| tain proof thereof. 1t SHALL not be necessary TO
| cad ansme such TACT, Tut the relief may be
| obtained, with without notice, the judge or
| court may direct.
Sec. 4. This act shall not extend or apply to
persons whe are prosecuted as executors admins
traitors trustees, for deb created in nduciary
capacity, nor to proce- dings for torclble entry
| and ania~fui detainer, to persons who are
/ made defe udants only as subsequent eucumbran.
to the principal defendant in actions to fore
| close mortgages or mechanics liens and in &C.
| tiops against persons jointly liable upon a con
tract the action shall be allowed proceed against
h- joint de Utors the service land The
| judgment may be red, enfored and collected
| AS provided in clause one OF section elevrn o
| chapter one hundred and twenty four of the
| yised statutes
| Sec. 3. The time during which any person is
| exc PIT from the service a civil process under
| auy part ct the time limited by law for tue Co ~
mpncem-nt OF any civil action in favor OF against
| any such person.
See g. Tuis act shall take effect and be in force
| from aud after its passage and publication.
Approved March 2, 1863. ~COPY,