Year: 1863

end of the action, or the keeping of
which would be attended with much
loss or expense, the circuit court in
which any such action shall be pending,
or the judge thereof, or the county judge
of any county in which any such action
may be pending, in vacation, may order
the property seized on the warrant of
attachment, to be sold by the sheriff or
other officer having the custody of the
same, in the same manner and on like
notice as goods are required to be sold
on execution; and the proceeds of such
sale shall remain in the hands of the Of
fcer, subject to be disposed of as the
property would have been if seized upon
in specie.


Sec. 2. The provisions of this act
shall apply to all actions heretofore COM
menced by warrant of attachment, and
determined in Justices court, and in
which an appeal has been taken from
the Judgment of the Justices to the
circuit court, as we'll as to those COM
menced after the passage of this act.


Sec 3. This act shall take effect and
be in force from and after its passage
and publication.


Approved March 10, 1868.


[I'ublished March 23 1851


CHAPTER IS.


AN ACT to amend section two Of chap
ter 398 of the general laws of 1862,


entitled "an act to authorize the coun-
ty supervisors to construct drains III
certain cases.


The people ofe state Of Wisconsin, represented IN SEN


ate and assembly, do enact as. .Jotlo'cs:


Section 1. Amend section 2 of chap
ter 398 of the general laws Of 1862, so
it shall read as follows: "That before
the county board Of supervisors Of any
county shall take any steps toward loca-
ting OF establishing any ditch, drain or
water-course, there shall be filed with the
clerk of the board Of supervisors pc
tition from one or more persons owning
lands adjacent to the line Of such pro
posed ditch, drain or water-course, set
ting forth the necessity of the same,
with description Of its proposed start
inc point, route and terminus, together
with the names of all persons liable to
be benefited or damaged thereby, so far
as known to the petitioner; and shall at
the same time file bond with good and
sufficient sureties, to the acceptance OF
the clerk of the board of supervisors,
conditioned to pay all expenses incurred,
in case the county board of supervisors
shall refuse to grant the prayer Of the
petition and it shall be the duty Of
the clerk of the board Of supervisors
Immediately thereafter, to place cor
rect copy of said petition in the hands
of the county surveyor, or competent
engineer, who shall thereupon, taking
with him the necessary assistance, pro-
ceed TO make an accurate route of the
route of the proposed ditch, drain or
watcr-course and on the completion
thereof, shall return a plat or plats and
profile of the same to the said clerk OF
i the board of supervisors, and shall also
set forth in his return, description OF
the proposed route, its availability and
necessity, with description of each sep
crate tract of land through which the
same is proposed to be located, how II
will be affected thereby, and its situation
and level as compared with that part Of
the adjoining lands, together with such
other facts as may be deemed material
It shall be the duty of the clerk OF the
board of county supervisors, Immediately
on said report being filed, to cause no
tice. by publication for at least three
consecutive weeks in some paper pub
lished or of general circulation in sale
county, to the owner or one Of the own
ers of each tract of land along the route
of such proposed ditch, drain or water
course. of the pendency and prayer o
said petition, and of the time of the ses
sion of the county board of supervisor
at which the same will be heard, anC
an affidavit of said publication, FLEE
with the clerk of the board of supervi
sors. Should any party or parties II
interest die during the pendency of saiC
proceedings, such death shall not Worl
an abatement of such proceedings, bu
the supervisors, on being notified there
Of shall make such order as they deen
proper for giving notice to the party o
narties; and notice of the pendency an
PRAYER of said petition and the time 9
hearing the same, shall be given to sue
persons by publication for at least thre
consecutive weeks in some paper pub
lished or of general circulation in sal
county"


Sec 2. This act shall take effect an
be in force from and after its passage an
! publication.


Approved March 70, 1868.