CHAPTER 28. [Published February 24, 1868.] AN ACT to abolish the office of bank comptroller, and transfer his duties to the state treasurer. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. The office of bank comptroller is hereby office of bank abolished; to take effect on the first Monday of Janu- comptroller ary, A. D., 1870. abolished. SECTION 2. The bank comptroller is hereby re- His books, etc., quired, on the first Monday of January, A. D., 1870, to be turned to turn over to the state treasurer all the books, records, treasurer. moneys, safes and furniture, together with all other appurtenances whatsoever appertaining or belonging to said office which may be in his custody, or for which he shall be held responsible. SECTION 3. The state treasurer is hereby authorized and required to receive from the bank comptroller all the property and effects named in section two of this act, and thereafter perform and discharge all duties incident to the office of bank comptroller, and all acts of the state treasurer in pursuance of any requirement of the banking law shall be as valid for all purposes as though done and performed by the bank comp troller. Act to be sub SECTION 4. This act shall be submitted to the electors of this state at the general election to be held mitted to vote on the Tuesday next succeeding the first Monday of of people. November, 1868, and if approved by a majority of the votes cast on the subject, the same shall take effect and be in force as provided in section one of this act. vassing the SECTION 5. The form of ballot for the approval of Form of ballot this act shall be "for amendment to the banking law;" and manner and against approval, "against amendment to the taking and canbanking law," which shall be written or printed on a votes." separate ballot and deposited in a separate box, and the votes cast for and against amendment shall be counted and returned by the inspectors of election, and be canvassed by the state board of canvassers, in the same manner and within the same time as the votes for state officers are required to be counted, returned and canvassed, and the secretary of state shall immediately, on the completion of said canvass, pubstate to publish lish a statement of the result thereof in the official Secretary of the result. state paper, and communicate the same to the governor, and he shall also deliver to the bank comptroller and state treasurer each a certified copy thereof. SECTION 6. All acts and parts of acts contravening the provisions of this act are hereby repealed. Approved February 19, 1868. How summons on non-resi cases. CHAPTER 29. [Published February 24, 1868.] AN ACT to provide for the service of summons by publication in certain cases, and for attachment therein. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. When a cause of action exists against may be served any person or corporation, and such person is a nondents in certain resident of the state, or his residence is unknown and he has property within the state, or said corporation is a foreign corporation and has property within the state; and the cause of action is one sounding in tort, and growing out of a transaction relating to the sale of real or personal property, made by defendant, or his agent, or when the cause of action arises out of any other wrongful act sounding in tort, committed by defendant or his agent, and the court has jurisdiction of the subject matter of the action, and the defendant, after due diligence, cannot be found within the state, and the facts are made to appear in manner and form as now required by law, under section 10 of chapter 124 of the revised statutes, and the several acts amendatory thereto; service may be had and made by publication of the summons as in other cases now provided for by law. plaintiff may tachment. SECTION 2. When the facts provided for in section When and how one of this act are made to appear to a circuit judge, proceed by ata county judge, or a court commissioner, by affidavit, and such judge or court commissioner is satisfied that a cause of action exists, sounding in tort, within the provisions of this act, he may order that the plaintiff proceed by attachment, against the property of the defendant found within the state, in the circuit court of the proper county, fixing by said order the amount of property in value to be attached; and the clerk of the circuit court of the county where the action is commenced, upon the filing of such affidavit and order shall issue an attachment against the property of the defendant, in the same manner and form, and subject to the same rules and like proceedings as in other cases of attachment now provided for by law. served on de SECTION 3. When it appears that the defendant in Writs may be the action has an agent within this state, the judge or fendant's agent. court commissioner making the order for the attachment, shall also order that a copy of the summons and complaint, the affidavit and order of attachment, together with the attachment and inventory of property attached, be served on such agent, and the plaintiff or the person making the affidavit in his behalf for the attachment, shall state in his affidavit, if he has or has not any information or belief, or any knowledge or information thereof sufficient to form a belief, as to the existence or being within the state, of any such agent; and after the action has been commenced as herein provided, the proceedings shall be the same as in other actions now provided for by law. SECTION 4. This act shall take effect and be in force from and after its passage and publication. Approved February 19, 1868. Repealed. CHAPTER 30. [Published February 26, 1868.] AN ACT to repecl sections 1, 3 and 4 of chapter 29 of the general laws of 1866, entitled "an act to protect the hop-growing interests of the state, and indicate the size of boxes used for picking hops in Wisconsin." The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. Sections one, three and four of chapter 29 of the general laws of 1866, entitled "an act to protect the hop growing interests of the state, and indicate the size of boxes used for picking hops in Wisconsin," are hereby repealed. SECTION 2. This act shall take effect and be in force on and after the first day of July next. Approved February 21, 1868. Legalized. Term of office and how determined. CHAPTER 31. [Published February 26, 1868.] AN ACT in relation to county supervisors in counties containing less than three towns. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. The election of county boards of supervisors, at the last general election, consisting of three members to hold office for the succeeding two years in counties containing less than three towns, is hereby legalized and declared valid. SECTION 2. The present members of such boards. shall hold office, one for one year, one for two years and one for three years, from the commencement of their present term; which one of these several terms each member shall serve. The board shall determine, at least sixty days before the next general election, by casting lots, as follows, to-wit: the clerks of such boards shall cause to be written on separate pieces of paper, as nearly alike as practicable, the figures 1, 2 and 3, and shall cause such papers to be folded up as nearly alike as practicable, and deposited in a box, and the members of the board shall severally draw one of these pieces of paper, if present and consenting, otherwise, the clerk of the board shall draw the lots of any absent or refusing members, and the term of office of each member of such board shall be determined by such drawing, and each shall hold his office for such number of years as shall correspond with the number by him so drawn. each year. SECTION 3. At each general election hereafter, one One supervisor supervisor shall be elected in such counties, to take the to be elected place of that supervisor whose term of office shall expire in the month of January next succeeding such election, and to hold his office for three years, and until his successor shall be elected and qualified: provided, that when such counties shall be divided so as to contain three or more towns, they shall be subject to the same laws in regard to the election of couuty supervisors as govern other counties. SECTION 4. All acts and parts of acts which may be construed contrary to the provisions of this act, are hereby declared inapplicable to counties containing less than three towns. SECTION 5. This act shall take effect and be in force from and after its passage and publication. Approved February 21, 1868. 3 GEN. LAWS |