Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1863-03-12

notice of the intended examination of
party in his own behalf, TO the party or
parties appearing and defending in be-
half Of such ship boat or vessel. Where
the examination of the party defending
is intended he shall give like notice to
the party plaintiff In either case tho
notice shall be the same as is required
nv the laws Of this state, and may be
served upon the party or his attorney
Sec 2. This act shall take effect and
be in force from and after its passage
aud publication.
Approved Feb. 21, 1868.
Published March 3, 1891
CHAPTER 80
AN ACT relative to the commencement
and prosecution Ct civil actions against
persons in the military service OF the
country.
The peole Of the state Of Wisconsin, -eprcsented an ""
ute and assembly, doendct ds.tototrs
Section /. All persons, residents OF
this state now in the military service
of the United States, or OF this state,
and all those who may hereafter enlist,
be appointed or drafted into the militia
ry service of this state, or of the United
States, shall, during such service, be ex-
empt from all civil progress and IN all
civil cases now pending against any per-
son. in such service, the proceedings
shall be continued and stayed until the
discharge of such person from such ser
vice, but such exemption or stay shall IN
no case extend or be extended for moro
than three years from the time OF the
mastering Of such person into the SER
vice as hereinbefore mentioned
See. ? 1t shall be the duty or any
court or Judge there Of, and of any jus
ticc Of the peace, whenever it shall ap-
j bear that a suit has been commenced
arlinst a person while in the military
service, as mentioned in the proceeding
Tprecediugl section, TO dismiss such suit
as against such person; and when 1t
shall be made to appear, in any case now
pending, that the principal defendent is
in the military service OF this state, or
! Of the United States, ii shall be the duty
of the court or Judge thereof, or ofa JUS
tice of the peace, to stay all proceedings
in such suit. as against such defendcnts,
until he shall be discharged from such
servic propided, the exemption and stay
/ shall not exceed the time mentioned IN
the proceeding preceding section.
Sec. 3. The fact that a person is in
such service, may be proved or establish
ed. first, by the affidavit of such person,
or any other person who may know the
fact or, 2nd, by an affidavit of any per-
son proving that such party defendant
has been mustered into such services;
or, Sd, bya certificate Of the adjutantge
eral Of this state, to the effect that the
muster roll in his custody shows that
such person has been mustered into such
service or where it is alleged that the
defendant is in the regular service of the
United States, a certificate Of the secre-
tary of war, or some other othcer COM
petent to make such certificate, giving
the date when such person was mustered
into the service prouided, that the last
mentioned affidavit and certificates shall
bv taken and deemed to be prlma tacte
evidence. only, that such person is still
in such service. Upon Its being alleged
that such person is in such service, it
shall be the duty Of the court, or justice
of the peace, to suspend proceeding in
the action, to enable the party so alledg-
inc to obtain proof Thereof It shall
not be necessary to plead or answer such
fact. put the rolled may be obtained,
with or without notice, as the judge or
court may direct.
Sec. 4. This act shall not extend or
apply to persons who are prosecused as
executors, administrators or trusees, or
for debts created in fduciary capacity,
nor to proceedings for forcible entry and
unlawful detainer, nor to persons who
are made defendants only as subsequent
encombrancers to the principal defend
ant IN actions to foreclose mortgages
or mechanics liens and in actions
against persons jointly liable upon con.
tract. the actions shall be allowed to
proceed against the joint debtor or debt
ors not in the service. and the Judge
mcnt NAV be entered, enfored and collect
ed as provided in clause one section
eleven Of chapter one hundred and
twenty-four Of, the revised statutes.
See. 5. The time during which any
person IS exempt from the service Of
civil process under the provisions Of this.
act. shall not be taken as any part of
the time limited by law for the com
mencement of any civil action in favor
of or against any such person.
Sec. 6. This act shall take effect from
and after its passage and publication.
! Approved March ?, 1868