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

AN ACT to prohibit any person from taking or re-
ceiying from any volunteer into the military SER
vice, any fee or reward for procuring for such
J volunteer extra bounty. s. a-ef2
- -.g ss PREAMBLE. SO Es
\ WHEREAS, 1t has been represented that ceItsin
persons, calling themselves town, village or city
agents for procuring volunteers to MI the Quotas
paying such volunteers the town, village or city
bounties which they may be entitled, are in the
practice of taking for their services in procuring
such bounties, or in the enlistment of men, exorbi-
WHEREAS, We believe that the public interest
tected from the swindling operations of those So
called agents." and that such volunteers and
their families should be secured the ayails OF all
bounties voted them in accordance With only tanyI
law or laws OF this state Therefore, We,
The people of the state of Wisconsin, represented
in senate and assembly, do enact'as follows:
Section /. 1t shall not be lawful for any person
persons to take or receive either directly or IN
directly, any volunteer in the service OF the
United States, of this state, any fee or reward
for procuring such volunteer the town, village or
city bounty to which such volunteer may be enti-
tied. which fee or reward shall exceed 10 value
three per cent. of the bounty obtained
See 2. 1t shall not be lawful for any person o
persons employed by any town. village or city, Tor
village city, to take or receive, either directly
indirectly, any fee or reward for services in pro-
curing the town, village or city bounty, from any
volunteer in the service of the United States of
this state, who may be credited to such town, viii
lage or city.
Sec. 81. Every person violating the provisions OF
either of the preceding sections shall be deemed
guilty of misdemeanor, and on conviction there
of shall be punished by q fine of not less than
aty dollars, nor more than swo hundred dollars,
Sec 4. Justices of the peace shall have juris-
diction to try and determine all cases arising under
the provisions of this act: PRECEDED, that the de-
fendant shall not be deprived OF jury trial, nor
his right to appeal, as in other cases. and all fines
collected under the provisions OF this act shall be
rosA fn4ln npn-h hall
shall be paidto the complainant in the action, and
the remaining half to the treasurer of the county
in which the justice receiving the hne resides, to
treasurer, and by him to be placed to the credit of
the fund for the payment Of families OF volunteers.
Sec 5. This act shall take effect and be in force
from and after its passage. 49,
Approved April 4, 1864. E2-COP4.
Published May 6, 1S64.l
CHAPTER 4S3.
AN ACT to establish and define the liberties of
jails, and admitting persons thereto.
The people of the state of w sconsin, represented
I in senate and assembly, do enact as follows:
Section l. A space OF ground, in a square, for a
distance of mile each way from the Jail of each
county, in this state, is hereby set apart and des
ignated as the liberties of Jail OF each county in
this state. 1885
Sec q 1t shall be the duty of the sheriff of each
county, practicable, after the passage of
this act, to designate by monuments enclosures or
posts, other visible and permanent marks, at the
expense of the county, the extent and limit of such
iberties.
Sec. 8, Every person who shall be in the custo-
dy of the sheriff of any county, by virtue, list. OF
any cdpids dd respeRdenduns, or any order of ar
rest. in a civil action or, I'd OF any execution
civil action ;Eor, Sd. BY virtue of any attachment
for the non-payment of costs in civil action or,
4th. In consequence of a surrender on exoneration
of his bailshall be entitled TO be admitted to the
liberties of the Jail hereby established upon exc
cutting a bond to such sheriff and his assigns,
prescribed in the next section.
Sec. f. Such bond shall be executed by the pris-
and more SUFFICIENT SuretleS, being
habitants and householders of the county, in
penalty which shall be follows 1st 1t shall not
be less than double the amount of the sum in
which the sheriff was required to hold the defend
ant to bail, If he be in custoday, mesne process,
or order of arrest, or be surrendered in exonera-
tion of his bail, before Judgment docketed against
him; I'd. IL shall not be less than double the
amount directed to be levied by the execution or
attachment, il he be in custody upon attachment
or execution Sd. It shall not be less than double
the amount for which judgment shall have been
rendered against him, il he be surrendered after
judgment docketed.
Sec g. Such bond shall be conditioned, that the
person so in custody of such sheriff, shall remain
true and faithful prisoner, and shall not at any
time or in any manner escape or go without the
limit. and boundaries of the liberties established
for the Jail OF such county, until discharged by due
Sec. 6 Every such bond taken for the liberties
Of any jail shall be Valid and shall be held for the
indemnity OF the sheriff taking the same, and of
the party atwhose suit the prisoner executing such
bond shall be confined.
Sec. z, If a sheriff who shall have taken any
such bond, for the liberties of any jail, shall dis
that any surety to such bond is insufficient,
he may commit the prisoner who executed the
same, to close confinement in such Jail until other
good and sufficient sureties shall be offered.
Sec. s. The sureties in any bond given for the lib
critics of any Jail, may surrender their principal at
any time before judgment shall have been render
ed against them on such bond, but such bail shall
not be exonerated thereby from any liability incur
red before the making such surrender.
Sec. 9. Such surrender may be made as follows
Toe bail may take their principal to the keeper Of
hR Iai "A
bail the keeper shall take such rincipal into his
CUSTODY, and thereupon indorse upon the bond CIV
en- tor the limits, an acknowledgement OF the sur
render of such principal; and such keeper shall
also ifrequired, give the bail certificate acknow-
edging such surrender.
Sec. 10. The going at large of any prisoner who
within the limits of the liberties OF the Jail of the
shall have executed such bond, or of any
prisoner who would be entitled to the lib
critics of any jail, upon execating such bond,
county in which he shall be in custody, shall not
be deemed an escape of such prisoner; but in case
any such prisoner shall go at large without the Jail
liberties of such county, without the assent Of the
party at whose suit such prisoner shall be in Gus
tody, the same shall be deemed an escape and for
fixture of the bond so executed and the sheriff in
whose custody such prisoner shall have been. shall
have the same authority to pursue and retake such
prisoner as if such escape had been made from the
Jail. $500. -
Sec IL In every suit brought by a sherif on
such bond, the defendants may plead voluntary
of the prisoner to the Jail from which he es
capped, the liberties thereof, or the recaPture Of
such prisoner by the sheriff from whose custody he
escaped before the commencement Of such suit,
and may give evidence thereof in bar of such
ton; nd such defendants shall be entitled to
make such any other defense TO such suit. which
might be made by such sheriff to an action against
him for such escape.
Sec. IL. But if an action shall have been brought
against such sheriff for such escape, and due no
tice thereof shall have bee given to the prisoner
and his sureties, who executed the bond for the
jail liberties, the judgment against such sheriff
shall be conclusive evidence Of his right to recover
against such prisoner and his sure ties, to whom
such notice given in the action such bond,
as to all matters which were or might have been
controVerted in the action against the sheriff.
Sec. 10 In every sucl action brought by
sheriff bond executed for the Jail liberties, if
Il shall appear to the court that judgment has been
rendered against such sheriff for the escape Of the
prison aud that due notice Of the pendency of
the action against the sheriff was given to the pris
and his surites to enable them to defe nd the
same, such court shall render Judgment in the
suit upon such bond az the same time in which the
writ by which such action shall be commenced shall
be returned served.
sec. IA. But to sntitIe ny sheriff % move for
such judgement, he shall have fled his complaint,
and shall show to the court that he had given TWEEN
ty days notice OF such motion. 4 - ~, asa s5t
Sec. 10. If 1t shall appear on the hearing of
such motion, that the defendants have any m erito-
rious cause Of defense, which was not controverted
in the action against the sheriff, and which by law
could not have been eontroyerted, the court
shall suspend proceedings on such judgment until
trial In such action be had. but such judgment
shall remain q security for the sheriff.
Sec. 10. LII such defense be established, the
court shall vacate such judgement and render
judgementas in other cases.
Sec. II. In every action brought by a sheriff on
| such bond, the recovery of a judgment against
him for the escape of the prisoner, shall be evil
dence of the damages sustained by HIM in the same
manner as If such judgment had been collected,
4 IL 10 t2@fI