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persons against whom the same is issued, or any, or either of them, shall reside or may be found; shall be returnable in twenty days after service thereof, on all the persons named therein, if to be found in this state: And it shall be the duty of the sheriff to whom any such writ of scire facias may be directed, to endeavor to serve the same, notwithstanding any directions which he may receive to the contrary, from the plaintiff therein, or his attorney.

Sec. 5. Every such writ shall be served by delivering a Serving same. copy thereof, certified by the officer delivering the same, to the party required to be summoned, or by leaving such

copy at his dwelling house with any person of proper age. 5. If issued against a corporation, it shall be served in the

same manner provided by law for serving process upon corporations.

c. In all cases where the writ shall be returned Returned. doly served in the manner prescribed by the preceding section, the appearance of the person or corporation so summoned, shall be entered by the clerk as in other cases, and if no plea be filed within twenty days after such service, the plaintiff may enter the default of the person so summoned for want of a plea, and may forthwith, in term time or vacation, render a judgment reviving the said judgment for the amount thereof, according to the form and force of the said recovery.

Sec. 7. If the sheriff return that any person who was When parties required to be summoned by such writ, cannot be found, cannot be

. and has no place of residence within his county, the court found, &c. shall, after the filing of the scire facias, direct a copy of such writ to be published in some newspaper printed and published in the county where such court shall be beld, and in the state paper for six successive weeks, once in each week. And if such person shall not appear and plead to such scire facias within ten days after the last publication therof, the plaintiff shall be entitled, upon filing due proof of such publication, to enter appearance and default of such defendant, and judgment shall be rendered

upon such default, in like manner as if the writ had been returned served; Provided, That in such case, the Proviso.

. plaintiff or some one on his behalf, who can testify to the facts, sball make and file an affidavit of the amount then actually due upon such judgment, and judgment shall

thereupon be rendered, reviving such judgment for the į amount then actually due.


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Nodeclaration SEO. 8. No declaration shall be required to be filed uprequired.

on the scire facias ; but where executors or admiuistrators are plaintiff, in any such writ, they shall make profert of their letters testamentary or of administration, in the scire facias, in the same inanner as is now practiced in a declaration. And the defendant shall plead to such writ

in the same manner as to a declaration. Trial and Seo. 9. All issues, whether of law or of fact, joined judgmento

upon any scire fucias, shall be tried and judgmeut ren, dered thereon in the same manner as in personal actions.

Seo. 10. This act shall be published inmediately after its passage, and shall be in fürce from and after such publication.

Approved March 31, 1856.


Published in Extra April 16.

Ap Act to provide for the manner of applying for pardons in cases of murder

The people of the State of Wisconsin, represented in

Senate and Assembly, do enact as follows: Manner of

SECTION 1. All applications hereafter made to the gov. applying for

ernor of this state for the pardon of any person who shall pardona

have been convicted of the crime of murder, shall be ac companied with a recommendation of the judge who pre. sided at the trial in wbich said conviction was had, or of the judge in office when the application is made, in the circuit where the trial was had, and shall also be accom. panied by a full statement of the facts in the case, and the grounds of the application, which statement shall be veri

fied by atlidavit. Judge to keep SEC. 2. It sball be the duty of any judge prisiding at minutes, dba. the trial of any person indicted for murder, to keep

fall mioutes of all testimony given upon such trial, and at the close of the trial, such minutes shall be delivered to, and shall be filed by the clerk of the court in which soch trial is had; and upon any application for pardon of the person convicted upon such trial, said minutes of testi

ony, or a certified copy thereof, shall accompany the plication for pardon. Seo. 3. No pardon shall be granted unless the warden Warden's cerkeeper of the prison where such applicant shall have tificate. en confined, shall certify to the governor that the ap. icant has during his confinement conducted himself in peaceful and obedient manner: Provided, That this Proviso. shall not be so constrned as to render it obligatory on the executive to pardon any cooviсt, although the plication for such pardon shall be made in accordance ith the provisions of this act. SEO. 4. This act shall be in force and effect from and ter its passage. Approved March 31, 1856.


Published May 14.

An Act to constitute an infant child an heir of Sylvanus S. Burgess.

The people of the State of Wisconsin, represented in
Senate and Assembly, do enact as follows:

SECTION 1. The female infant now kuown by the name Constituted f Mary Ellen Burgess, and whose parents are unknown, heir. at supposed to be dead, and who now lives, and from he time she was only a few days old has lived with Syl. ranas S. Burgess, of Leroy, Dodge county, in this state, s hereby declared, constituted and made an heir of the aid Sylvanus S. Burgess, the same as though she were he legitimate daughter of the said Sylvanus S. Burgess.

SEC. 2. This act shall take effect opon being printed by che state printer.

Approved March 31, 1856.


Published May 14.

An Act to provide for additional terms of the Cireuit Court for Milwan



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The people of the State of Wisconsin, represented

Senate and Assembly, do enact as follows: Additional SECTION 1. In addition to the terms of the circuit co terms of courts appointed by law to be held in the county of Milwauk

there shall hereafter be held annually, in and for 86 county, by the judge of the second judicial circuit, a te of said circuit court, commencing on the second Mond in December, and a term commencing on the second M day in April, and a grand and petit jury for said ten shall be drawn and summoned in the manner provided law. Said additional terms shall be for criminal and cha

cery jurisdiction only. Term abolish- SEC. 2. The May term of the circuit court for Milwauk ed.

county is hereby abolished, and there shall hereafter held in lieu thereof, an annual term of said court, co mencing on the third Monday in June.

Sec. 3. This act shall take effect and be in force fr and after the fourth day of July next.

Approved March 31, 1856.


Published May 17.

An Act to pay the Postage of the several State Offices.

The people of the State of Wisconsin, represented

Senate and Assembly, do enact as follows : Secretary to SECTION 1. The secretary of state is hereby authorized andit account audit the accounts of the postmaster at Madison, f for postage.

the postage of the executive office, office of the seci of state, attorney general, state superintendent, bank ptroller, state treasurer, and clerk of the supreme Ft, for the year 1856, said accounts to be certified by said postmaster, at Madison, by affidavit. EC. 2. There is hereby appropriated to the postmaster Appropriation Ladison, out of any money in the treasury not other e appropriated, a sum sufficient for the payment of the ve accounts, to be drawn quarterly, from the treasury, in the presentation of said accounts properly certified by their respective offices. Lpproved March 31, 1856.


Published May 17.

Act to prevent fraud in the buying and selling of grain and other produce.
The people of the State of Wisconsin represented in
nate and Assembly, do enact as follows ;
SECTION 1. If any produce merchant, warehouseman, Punishment

ller, or storage, forwarding or commission merchant, or for using false
y other person or persons whatever, shall wilfully use weights, &c.
se weights or measures, in the buying or selling, of any
mmodity or thing, and thereby shali cheat or defraud
e seller or buyer, of any such commodity or thing, he
they shall be punished by imprisonment in the county
il not more than one year, or by fine not exceeding five
indred dollars.
SEC. 2. Every justice of the peace shall have jurisdic- Justices of the
on, concurrent with the circuit court, of all cases men peace to have
oned in the preceding section of this act, when the jurisdiction.
nount of damages occasioned by such cheat or fraud,
all not exceed the value of twenty dollars, in all which
ises, the punishment shall be fine, not exceeding one
undred dollars, or by imprisonment in the county jail,
ot exceeding three months, saving to every person who
hall be convicted before the justice, the right to appeal
s in other cases.

Sec. 3. This act shall take effect and be in force from
ind after its publication by the state printer.
Approved March 31, 1856.

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