Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1864-05-14

such breaches of the condition, as shah have been
assigned By him, as follows: 1et. II the prisoner
escaping was confined by virtue OF an execution, or
BY virtue OF an attachment for non-pAynent Of
COSTS the measure of the plaintiffs damages shall
be the amount directed to be levied by such exc
cuton or attachment, with interest thereon TO the
time of such recovery. I'd. If the prisoner was con
fined by virtue of edPtas I'D OF or
der Of arrest upon surrender ia exoberatlon
Of his bail, made before Or aiser rena ,
actual damages sustained oy him
Soc 90 The acceptance of an assignment OF any
such bond, shall be a bar TO any action Dy OF on
behalf of the party, receiving such assignment,
against The sheriff other officer making the same,
for any escape by the prisoner executing suen
bond, amounting to breach OF snca bona ..,,ra.
of such bond, the defendants shall be emitted 70
plead voluntary return OF the prisoner to the
liberties of the Jail, before the commencement OF
such action in bar thereof, and to make any de-
Tense which they would be entitled TO make II such
action had been brought IN the name ana Tor the
benefit OF the'sherif to whom such bond was exc
euted.
Sec o. In case the party at whose suit any
person shall have been confined to the liberties Oi
Jail, shall refuse neglect to take an assignment
of the bond executed by such person, as bereinbe-
fore provided and shall prosecute any shf rim for
the escape of such person, the court In whcn sueh
action shall be pending, shall by order stay all she
proceedings upon the judgment against such sner-
iff until he shah have had reasonable time 70
prosecute the bond taken by him, and to collect
the amount of any judgment he may recover
thereon. H4
Sec 20. But the last preceding section shall not
extend to authorize such stay 81 proceedings 10
any action where the judi ment shall have been re-
covered against any sheriff for any escape eemmit-
ted with the assent, aid or assistance OF suen
sheriff. staG F astt &
Sec. 4. This act shall take effect and be in force
from and after its passage and publication.
Approved April !, 1864. RBCOPY.
Published May 8, Ise4.l@
.sb CHAPTER 454. g
AN ACT to amend section eighty-one of chapter
thirteen of the revised statutes.
The people of the state of Wisconsin,, represented
in senate and assembly, do enact as follows
Section1. Section eighty-one of chapter thir-
teen of the revised sta is hereby mended, by
adding thereto the following words +: s.prouided,
that person shall be eligible to the office OF dis
triet attorney who is not duly admitted and lieens-
ed to practice as attorney by some court of re-
cord in this state"
Approved April 1, 1864. aS-CoPf. ,
, Published May G, ls64.l -
CHAPTER 47O.
AN ACT to anne I'd section one of chapter ffty-one
of the revised statutes entitled OF the distrain-
ing of cattle doing damage"
The people of the state of Wisconsin, represented
in senate and assembly, do enact as follows;
Section 1. Section one of chapter fify-one of the
revised statutes, is hereby amended. so as TO read
as follows Section /. It shall be lawful for the
owner or occupant of lands TO dstrain all beasts
doing damage within his enclosure, and when any
distress shall be made of any beasts doing damage,
the perfon distraining shall keep such beasts IN
some secure place on his premises or in some pub
lie pound in his city or village until his DANA
ges shall De appraised and within twenty-four
hours after such distress (unless the same shall De
made on Saturiayin which case, before the Tuesday
morning following thereafter,1 he shall apply 10
Justice of the peace, who shall appoint three disln-
teTe sed freeholders of such town to appraise the
damages"
Sec 2. This act shall TAX effect and be in force
from and after its passage and publication.
Approved April 4, 1864. EU COPf.