The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1864-06-16

/ cape Of the prisoner and that due notice of the
tendency of the action against the sherlh was
given to the prisoner and his suretes to enable
them to defend the same, such court shall rem
der Judgment in the suit upon such bond at the
same time in which the writ by which such ac
lion shall be commenced, ehalI be retuiHeu
served. zZS - ~ -a g@ ga -
| Sec. IA. But TO entitle any sheriff TO move
for such Judgment he shall have nled ms CON,
plaint, and shall show to the court 'haV ne hau
4 given 20 day notice Of sucE motioh.
/ Sec. Is lift shall appear on the nearing OF
/ sncb motion. that the defendants have any mer-
j ,t,rio,Is carse of defense, which was not con-
Irrovert4d in the action against the sheriff, ane
which bv law could not have been so conlroyer-
1 ed the court shall suspend proceedings on such
Judgment until trial in such action be had, Dut
iruch judgment shall remain as a security Tor
tue sheriff.
Sec. 10. Ifsuch defense be established, the
court shall vacate sEch Judgment ana rehoef
ljudgmentas in other cases.
| Sec IL. In every action brought by sherlE
on such bond, the recovery OF judgment against
! him for the escape of the prisoner, snall oe
levidence of the damages sustained oy
| him in the came manner as If such Jud3meht
rad been collected, and such sherln shali pe
| N tiled to recover the cost and his reasonable
expenses in defending the sun against hlul' o9
Jart of his damages.
| Sec I8. Ifany such bond shall be forfeited.
,he party at whose suit the person executing
| the same shall have been confined, or IN case
of his death. the executors or ADMINISTRATORS OF
such marty shall be entitled to assignment
hereof which shall be made by the sheriff TAX
/ ing the same, or in case Of a vacancy IN his
office, by his under sheriff, by an Enforcement
| on such bond executed i'll the presence OF one or
| more witnesses.
| Sec 49, Theparty to whom such assignment
| shall have been made, may maintain an action
| On such bond as assignee Ct the shern taking
/ the same, in the same cases which such action
might be maintained by such sheriff, and upon
| obtaining judgment therein, be shall recover
| damages tor such breecEes of the condition, as
shall have been assigned by him, as follows: lst
| If the prisoner was confined by virtue of an exs
| ecuton or by virtue of an attachment tor nom
/ payment of costs, the measure of the plaintiff s
/ damages shall be the amount directed to be lev
| led by sach execution attachment, with in
terest thereon to the time Of recovery I'd. If the
| prisoner was confined by virtue ola capiaS ad
| reSpOndeadunl or order of arrest or upon sur
| render IN eGhonOration of his bail, made before
or after judgmentrendered against him, the
| plaintiff shall recover only the actual damages
| sustained by him.
| Sec 30. The acceptance OF an assignment oil
any such bond, shall be bar to any action by
| Or on behalf OF the party receiving such assign
ment, against the sheriff or other officer akng
the same, for any escape by the prisoner execu>
ting such bond, amounting TO a breech of such
bond.
Sec. 81 In every action brought by the as.
signee of such bond, the defendants shall be en-
tlteu TO pledu voluntary return Oh Tue prisoner
TO the liberties of the Jail, before the commence
ment of such action, 10 bar thereof and to make
any defense which they would be entitled Il
make if such action had been brought in thu
name and for the benefit of the sheriff to whom
such bond was executed.
Sec. 81. In case the party at whose suit an
person shall have been confined to the hbertie
Of a jail, shall refuse or neglect to take an as
Segment of the bond executed by such persol
as herenbefore provided, and shall prosecute
any sheriff for the escape of such person, tn
court in which such action shall be pending
shall by order stay all the proceedings pom tn
Judgment against such sheriff until he shal
have had reasonable time to prosecute til
bond taken by him, and TO collect the amount u
any judgement he may receiver thereon.
Sec. %. But the last proceeding section shat
not extend to authorize such stay of proceeding
in any action where the judgement shall hav
been recovered against any sherifffOr any csc p
committed with the assent,aid or assistance q
such sheriff
Sec "a This act shall take effect and be i
force FROM and after l;s passage and publicatlo
Approved April A. 1864.
Published April l3, 1864.
II CHAPTER 3J,
AN ACHt to amend chapter III ofthe general law
: of 1864, entitled an act revising amending an
N consolidating he laws elating to extra pay I
E Wisconsin soldiers in the service of the Unite
States or of this state and providing for the n
| lief OF families of such soldiers in certain case
aud to prescribe severe penalties for frauC
d committed in procuringtsuch extra pay
The people of the state of Wisconsin, represent
ed in senate and assembly, do enact as follow
Sec l. Section ~ of chapter III of the gener'
, laws of 1851, entitled AN revising, amendin
, aud consolidating the laws relating TO extra pa
to Wisconsin soldiers III the service OF the Unite
States of this state, and providing tor the rel
of families of such soldiers in certain cases, &.
i prescribe severe penatiestor frauds committed |
5 procuring such extra pay Is hereby amended b
adding at lflg end of SAID section the folOwin
, words "Provided further, that the governor ma
authorize reports of such Wisconsin soldiers d
may be in hospitals, away from their regiment
i TO he made by suitable persons other than the
1 reg mental officers"
!, amended by adding at the end of said section tn
following: ''ProUided further, that THE act saa
not be so construed as to exclude from the ben,
fits Of this chapter, the widows of soldiers who
Cd IN the military service OF the United States pr
or TO the ID day of April 1868, although any sue
u widow may have commenced receiving pensio
before the passage oil this act
n Sec B. Section two of said chapter II is here
by amended, by adding at the end of said secto
. the following: I'm cases where the child or chile
II rem of the soldier. under fourteen years years
v age, have been deserted by the mother, ii
q mother has died, the extra pay shall be aude
in favor OF the person having such child or chil(
If rem III charge.
- l.
!, from and after its passage and publication.
T. Approved April a, 1864
= Published May 3, 1864
CHAPTER 446.
AN ACT to authorize the formation of corpor,
Y tons for the encouraging aud aiding of Wisco
Y sin inventors and patentees.
The people of the state of Wisconsin, represented
If senate and assembly, do enacU follows:
e Sec. l. Amy three or more persons who may d.
81
# ging and aiding Wisconsin inventors and paten
q ees, may make sign and acknowledge before al
, officer authorized to take the acknowledgment
OF deeds and lie III the Office of the clerk OF ii
Il circuit court Of he county Ia which the busine
b. Of the company Is to be carried on. and also
the office of the secretary OF state, certificate
/ writing, in winch shall be stated the corpora
e name OF said company the object for which it
formed the number OF It's directors, and the name
i OF the persons chosen as directors for the fir
year, and the amoant Of single share Of its cay
: ital stock, and he name oftbe town and count
n in which the elections and business meetings
IS he said company are or shall be held
It See 3, The capitGlstook of any such compan
e shall not be less than Sl00O, nor more than SlOO
600, actually paid, ana such company shall hay
# perpetual succession.
Ii Sec. ). The directors OF any such company sha
II at their first meeting after the filing OF said ce,
20 tcate IN the office OF the secretary of state eet
- treasurer for the faithful performance of who's
il duties they shall be seYerally and collectively su
ties 10 the creditor ofsuch company, to the exter
p Of the moneys which should be in his hands, be
d longing to such company, coaterally howeve
to bond tor such sum as the directors of any suc
+ company may require aud with sureties by ther
10 be approved and tor the same purpose cond
Y toned: Tr0r'ded, ho1ceUer, that no such electio
$ shall take place before said company has corpt
If rate existence.
e Sec. 4, After the filing of such certificate wit
+ the clerk of the proper ccursu clerk shall upo
proof that like certificate has been flied with Il!
secretary OF state, issue license to the person
ir who shall have acknowledged and signed til
e same, setting forth that they, their future assoc
ates and their successors, shall in fact and IL am
| q n bO0V Ia an tba,