Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1907-08-08
No. 538, 81 Published May %, 1907.
CHAPTER 141, LAWS OF 1907.

No. 03S, 5. published May ~, 1907.
CHAPTER 141, LAWS OF 1907.
AN ACT to amend chapter 1859 of the
statutes relative to the distribution and
partition of estates and adding thereto
a section to be numbered 3940a.
The people of the State of Wisconsin, rep
resented in Senate and Assembly, do
enact as follows:
Section l. There is added to the stat
utes new section to read: Section 3940a.
Whenever any legacy or distributive share
courts of this state shall be contingently,
or thereafter to become due or payable to
any debtor who has absconded from or is
a nonresident of this state, any creditor
of such debtor, may by proper petition,
intervene in said proceedings to compel the
application of said legacy or distributiye
share or so much thereof as Is necessary,
in payment of his debt and whenever 1t
shall be necessary a citation to such debtor
to appear at a time certain may be served
by publication upon obtaining an order
therefor The application for the order
of publication shall be based upon such
petition duly verified and filed, stating
cause for requiring the appearance of such
debtor, naming, him, in said court and an
exist and alleging that personal service
of a citation within this state cannot be
made and stating the postoffice address OF
such debtor or that the afiant is unable
after, due diligence to ascertain it. The
order shall direct that service of the cita-
ton be made by publication thereof in
newspaper to be designated as most likely
to give notice to the person to be served
for such length of time as shall be deemed
reasonable not less than once q week for
six weeks, and that on or before the day
of the first publication there be deposited
in a specified postof1ce a copy of the cita-
ton together with a copy Of the petition
upon which such order Of publication was
made, securely enclosed in an envelope,
the postage duly paid, addressed to such
debtor, at his postojflce to be therein
named, or that such deposit may be omitted
because the postofilce address Of such debtor
cannot be ascertained. After the making
of such an order personal service of such
shall have the same effect as completed
publication and mailing. Upon due proof
of compliance with said order and at the
time fixed in said citation said court shall
proceed to consider such petition and take
such proof or grant such relief hereunder
as shall be just and any order, judgment
or determination made by said court in
said proceedings shall be binding upon said
debtor and shall be prima facfe evidence in
all courts in this state of all facts therein
recited. If said creditor shall not be
Judgment creditor and any Issue or Issues
shall arise in said proceedings relating to
said debt, the court shall have power to
stay such proceedings pending the final de-
termination of said issues in said court or
any other court having competent juris-
diction thereof. The court may at any
time require the petitioner to give bond
in such sum and with such sureties for
costs and damages of said proceedings as it
may deem proper.
Approved May 28, 1907.