treasurer, and there is hereby appropriated, out of any money in the state treasury which is not otherwise appropriated, a sum sufficient to make such payment.

SECTION 6. This act shall take effect and be in force from and after its passage and publication. Approved February 18, 1868.

CHAPTER 26.

[Published February 29, 1868.]

AN ACT to authorize the appointment of phonographic reporters for the circuit courts of the counties of Racine and Rock.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

er.

SECTION 1. It shall be lawful for the judge of the Judge may appoint phonocircuit courts of the counties of Racine and Rock to graphic reportappoint one or more phonographic reporters for each of said courts, who shall be sworn officers of said courts, and shall be skilled in the art of short-hand reporting, one of whom shall attend upon the said court at each term thereof when required by such court or the judge thereof so to do, and shall discharge such duties as the judge may direct.

SECTION 2. The phonographic reporter shall be al- Compensation lowed such daily compensation as shall be fixed by the of reporters. judge of the court, not exceeding seven dollars per day for each day's attendance upon such court when required by the judge thereof to attend, which shall be certified, audited and paid in like manner as is provided by law for the payment of the sheriff for attend. ing upon the court: provided, but one such reporter shall be employed at the same time.

compensation.

SECTION 3. In addition to the above compensation, Additional the phonographic reporters may charge, and collect as fees, ten cents per folio (of one hudred words) for making and furnishing transcripts of their short-hand notes of the testimony and other proceedings of the court in the trial of any action, to be paid by the party requir ing such transcript to be made, except in the trials of

Judge may remove reporters.

criminal cases, when the court may, in its discretion, order such transcript to be made, audited, certified and paid for in the same manner as the reporter's per diem compensation. In such case the reporter's notes shall be written out in full, and filed with the clerk of the

court.

SECTION 4. The judge of said court may, in his discretion, remove such reporters, or either of them, and may fill any vacancy caused by such removal, or from any other cause.

SECTION 5. This act shall take effect and be in force from and after its passage.

Approved February 19, 1868.

County board

may exempt

from taxation

thereon.

CHAPTER 27.

[Published February 24, 1868.]

AN ACT authorizing the board of supervisors to exempt any county from the provisions of chapter 404 of the general laws of 1862, relative to the license and keeping of dogs.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1. That the county board of supervisors owners of dogs in each county may, at the annual session of such board, exempt such county from the provisions of chapser 404 of the general laws of 1862, and all acts amendatory thereto, entitled "an act to regulate the license and keeping of dogs."

SECTION 2. This act shall take effect and be in force from and after its passage.

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- abolished." ary, A. D., 1870.

SECTION 2.

to be turned

The bank comptroller is hereby re- His books, etc., quired, on the first Monday of January, A. D., 1870, over to state 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 comptroller.

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 in formation 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.