The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1863-03-12
Laws Of Wisconsin.

Published March 3, 1861.
81.

AN ACT ~rolatice to the commencement and pross-
cntlon of civil actions againss persoes in the mil
itary service of the country.
The people Of the state Of WISCONSIN,, Represented IN
senate and assembly, do enact as JoAOos:
Section ]. All persons, residents of this state,
now IN the military service of the United States, u
of this state, and all those who may hereafter en-
list, be appointed, or drafted into the milf. +srr
vice OF this state. or the United States, shall, On.
ring such service, be exempt from ell civil process
and IN all civil cases nOwfpending against any per
son, in such service, the proceedings shall be con
tinued and stayed until the discharge of such per-
sou from such service, but such exemption or stay
shall in no case extend or be extended for more
than three years from the time OF the mastering OF
such person into the service, as hereinbefore men
toned.
Sec. 2. 1t shall be the duty of any court or
Judge thereof, and of any justice of the peace,
whenever it shall appear that a suit has been com
menced against a person while in the military SER
vice, as mentioned III the preceding proceeding
section, to dismiss such suit as against such per.
son; and when it shall be made to appear, in any
case now pending, that the principal defendant is
III the military service of this state, or of the Unis
TED States, 1t shall be the duty ofthe court or judge
thereof, or justice of the peace. to stay all pro-
~ceedings in such suit, as against such defendant
until he shall be discharged from such service
pr0Ulded, the exemption and stay shall not exceed
the time mentioned in the proceeding preceding
section.
- LIZ AoSh thht N PSACSh 10 All buShh Ct
vice may be proved or established, first by the afida
Wit of such person, or any person who may know
the fact; or, End, by an affidavit of any person
proving that such party defendant has been mus
tered into such service; or Sd, by a certificate
Of the adjutant general of this state, to the effect
that the muster roll in his custody shows that such
person has beer mustered into such service; or
where it is alleged that the defendant is in the reg
ular service of the United States, a certificate OF
the secretary of war, or some other officer compe
tent to make such certificate piVlnp tine date when
such person was mustered into the service: pro.
Ulded, that the last mentioned affidavit and certif
Gates shall be taken and deemed to be prqma facie
evidence, only, that such person IL in such SER
vice. Upon its being alleged that such person is
in such service, it shall be the duty Of the court,
or justice ofthe peace TO suspend the proceedings
in the action to enable the party so alleging to OBJ
tain proof thereof. 1t shall not be necessary to
plead or answer such fact, but the relief may be
obtained, with or without notice, an the Judge or
court may direct.
Sec. 4. The act shall not extend or apply to
persons who are prosecuted as executors, admin
~istrators or trustees, or for debts created in fdu-
ciary capacity, nor to proceedings tor forcIble en-
try and unlawful detainer, nor to persons who are
made defendants only as subsequent ~encumbran.
GERS to the principal defendants. in actions to fore>
close mortgages or mechanics liens and in ac-
tons against persons Jointly liable upon a contract,
the action shall be allowed TO proceed against
the joint debtor or debtors not in the service, and
the judgment may be entered, enforced and col
lected as provided in clause one of section eleven
of chapter IA ofthe revised statutes.
Sec. 5. The time during which any person is
exempt from the service of a civil process under
the provisions of this act, shall not be taken as any
part of the time limited by law for the mmen
ment of and civil action in favor of or against such
person
Sec. 6. This act shall take effect and be in
force from and after it's passage and publication a,
Approved March 9 1863