Repealed. Restored. CHAPTER 51. [Published March 8, 1869.] AN ACT to repeal chapter 184 of the general laws of 1868, entitled "" an act to amend chapter 18 of the revised states, entitled of the assessment and collection of taxes, and to restore section 65 of chapter 18 of the revised statutes, entitled of the assessment and collection of taxes." The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. Chapter 134 of the general laws of 1868, entitled "an act to amend chapter 18 of the revised statutes, entitled of the assessment and collection of taxes," is hereby repealed. SECTION 2. Section 65 of chapter 18 of the revised statutes of Wisconsin, entitled "of the assessment and collection of taxes," is hereby restored and declared to komas be in force, I SECTION 3. This act shall take effect and be in force from and after its passage. Approved March 3, 1869. Amended. [Published March 5, 1869.] AN ACT to amend section five of chapter 167 of the general laws of 1864, entitled "an act to establish lumber districts in this state, and to regulate the traffic in logs, timber and lumber in said dis tricts." The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. Section five (5) of chapter one hundred and sixty-seven (167) of the general laws of 1864, is hereby amended so as to read as follows, to wit: Each inspector may divide his district into such number of subdistricts as he may deem best, and for each subdistrict as well as for any specific purpose, may appoint one or more deputies, for whose conduct and fidelity in the discharge of his or their duties as such, he shall be responsible upon his official bond. And for the purpose of carrying out the objects of this act, each of said lumber inspectors shall have power and authority to administer oaths to their several deputies, or for any purpose relating to the duties of their office. SECTION 2. This act shall take effect and be in force from and after its passage. Approved March 3, 1869, The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: of garnishee SECTION 1. In all cases wherein any person or cor- When liability poration shall be served with notice and affidavit under shall cease. the provisions of any law of this state relating to gar nishment, except garnishment on execution, the liability of such person or corporation as garnishee shall cease and be discharged, unless the plaintiff in the action, within ten days after such service on such person or corporation shall file in the office of the clerk of the court in which the action is pending wherein the gar nishment is made, his complaint duly verified, stating the amount of the indebtedness of the defendant in the action to him, over and above all legal set-off, and the circumstances out of which such indebtedness accrued. SECTION 2. Whenever any complaint shall be filed How garnishee as is provided in the first section, and the defendant may be distherein shall desire to discharge the person or corporation garnisheed as aforesaid from liability upon such garnishment, he may file with the clerk of the court aforesaid, a written undertaking in the action, in double charged. How sureties to justify under exceptions. If plaintiffs nishee to be Act to apply to all cases pending. the amount claimed in said complaint, with at least two sureties, who shall justify that they are worth in the aggregate double the amount specified in such undertaking, over and above all debts, liabilities and property exempt by law from execution, conditioned to pay the plaintiff the amount of the judgment, if any, which the plaintiff may recover in the action against the defendant, and serve a copy thereof, with the justification of such sureties and notice of the time of filing the same and of the residence of such sureties, upon the plaintiff or his attorney: provided however, that the plaintiff may except to the sufficiency of the sureties within the same time, in like manner as upon bail on arrest, and a failure so to except shall be deemed an acceptance of the undertaking, and a discharge of the garnishee. SECTION 3. Whenever the plaintiff shall except to the sureties in such undertaking, they shall justify upon oath touching their responsibility, before a judge of the court in which the action is pending, a court commissioner or county judge, in the same manner and upon like notice as a justification of sureties upon bail or arrest; and when they shall have justified to the satisfaction of the officer before whom the justification is had, he shall endorse his approval upon the undertaking. now SECTION 4. Whenever the plaintiff shall fail to except as aforesaid, and whenever the sureties shall justify and the undertaking shall be approved as aforesaid, the garnishee shall be discharged from all further liabil ity in the action. SECTION 5. This act shall apply to cases pending: provided, that in all cases where the complaint has not been verified and filed, the plaintiff shall be at liberty to file the same with a verification, within such reasonable time as the court in which the action is pending may direct; and provided, that in no case wherein garnishee proceedings have been instituted prior to the passage of this act, shall the garnishee be discharged from liability, except by order of the court. SECTION 6. This act shall take effect and be in force from and after its passage and publication. Approved March 3, 1869. CHAPTER 54. [Published March 6, 1869.] AN ACT to codify the laws of this state relating to "strays." The people of the state of Wisconsin represented in senate and assembly, do enact as follows: SECTION 1. No person shall take up any stray ex- who may take cept horses and mules, unless such person shall be at up strays. the time a resident of the same town wherein such stray shall be found, nor unless such stray shall be found upon the lands owned or occupied by the finder. owners. SECTION 2. Any person taking up a stray, shall Shall notify within seven days thereafter, notify the owner thereof, if to him known, and request such owner to pay all reasonable charges and take such stray away. known, how to SECTION 3. If the owner of any stray be unknown, If owner be unthe finder shall within ten days after taking up the same, proceed. file a notice thereof with the town clerk of the town, and if the stray or strays so taken up are of the value of less than five dollars, he shall also post up notices of the taking up of such stray in two or more public places in such town; but if the stray or strays so taken up are of the value of more than five dollars, he shall cause such notice to be published for four weeks successively in some newspaper printed in the county in which he resides, unless there shall be one printed still nearer his place of residence in an adjoining county, in which case he may publish it in either paper, at his option; and in case there shall be no newspaper printed within twenty miles of the residence of the finder of such stray or strays, he shall post up written notices in three of the most public places in the county in which he resides. All said notices shall contain a brief description of the stray, describing the same by giving marks, natural and artificial, and as near as practicable, the name and residence of the finder, and as near as may be the time at which the same was taken up. The said town clerk shall transmit a copy of every such notice to the clerk of the board of county supervisors; and any person taking up or finding any snch 2 lect to give tice. stray or strays, who shall neglect or refuse to post up and publish 'such notice as provided in this section, shall be liable to the owner of such strays in double the amount of damage sustained by reason of such neglect or refusal. And if any person so taking up or Penalty for neg-finding such stray or strays, shall for the space of one year neglect or refuse to post up and publish such notices as required by law, including the section, township and range in which he lives, he shall, howsoever [moreover], be liable to pay to the town treasurer, of the town where he resides the full value of such stray or strays, to be sued for and recovered in the name of said town treasurer, before any justice of the peace in the county; and such money so recovered shall be paid over to said town treasurer, and by him distributed as school money, in the manner now provided for how at the payment of school moneys that come into the hands of town treasurers. Finder shall cause stray to 1 SECTION 4. Every finder of stray or strays, which be appraised. when taken up are of the value of ten dollars or more, shall, within one month after taking up the same, procure an appraisal thereof by a justice of the peace of his town, which appraisal shall be certified to by such justice, and within the time before mentioned, filed in the office of the town clerk of such town; and he shall pay to such justice fifty cents for such appraisal and certificate, and six cents for every mile necessarily traveled in such service. Stray to be re-.. stored on pay SECTION 5. If the owner or person entitled to the ment of charges possession of any stray shall appear at any time within one year after the notice is filed with the town clerk as aforesaid and make out his right thereto, he shall have such stray restored to him upon paying all lawful charges which have been incurred in relation to the If owner and finder connot ceed. same. SECTION 6. If the owner and the finder of any agree, how pro- stray cannot agree upon the amount of such charges, or for the use of such stray, either party may make application to any justice of the peace of the town where such stray was taken up, to settle the same, and the party making such application shall give notice thereof to the other party; and if any amount shall be found due to the finder by the said justice, over the value of the use of such stray, the same shall be a lien on said stray until paid by the owner, and the costs of |