of the board of supervisors of each county, in November, every justice of the peace and court commissioner in this state shall file with the clerk of the board of supervisors of his county a certified statement, which shall recite the title of the action and its nature and date of trial or examination, and before whom it was heard; the names of all jurors called in the case (if any), the names of all witnesses subpoenaed on the part of the state, who actually attended court, and gave in a statement of their attendance and travel and the names of interpreters sworn (if any), together with the number of days each attended, miles traveled and the amount to which they are entitled. Said certified.statement shall be substantially in the following form:

I hereby certify that in the foregoing entitled action, the following named persons attended before me in the capacity stated, and that they are severally entitled to the amounts specified below for said attendance and travel.

Order cancelled if not called for

in two years.

Penalty for failure to make statement.

Fee for certificate.

Clerk to send copy of this law to justices.

Such statement shall be laid before the board of supervisors by each clerk, and shall be conclusive evidence of the claims of the persons named, and it shall be the duty of the board of supervisors to audit such claims, and draw orders therefor.

SECTION 2. If any person in whose favor an order may be so drawn,shall fail to call for the same within two years from the time the same shall have been audited and allowed in the manner provided in the last preceding section, he shall be deemed to have waived his right to any compensation for his services, and the clerk of the board shall deliver the order to the board of supervisors, to be cancelled.

SECTION 3. If any justice of the peace or court commissioner shall fail to make statement as required by this chapter, he shall be liable to each witness, juror and interpreter in the case to an amount of five times the fees of each witness, juror or interpreter, which may be recovered in the same [manner] that other claims for damages are recovered.

SECTION 4. No claim of any juror, witness or interpreter for fees which may become due after this act goes into effect, shall be allowed by any board of su pervisors, unless it comes before them in the manner above prescribed.

SECTION 5. For making each certificate required of any justice of the peace or court commissioner, by this chapter, the compensation shall be twenty-five cents, to be paid in the same manner that other fees in state cases are paid.

SECTION 6. It shall be the duty of the clerk of the board of supervisors in each county in this state to mail a copy of this act to each justice of the peace and court commissioner in his county at least ten days before the first day of May next.

SECTION 7. This act shall take effect and be in force from and after the first Monday of May next. Approved March 6, 1868.

CHAPTER 154.

[Published March 14, 1868.]

AN ACT to amend chapter sixty-seven (67) of the general laws of 1867, entitled "an act to authorize the secretary of state to procure and furnish to the clerks of the county boards of supervisors authenticated lists of deserters from the military and naval service of the United States, and to provide for their distribution," and for other purposes in connection with men charged with desertion.

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

SECTION 1. Section four of chapter sixty-seven of Amended. the general laws of 1867, is hereby amended by adding to said section the following words: "provided, however, that whenever any person so charged, as aforesaid, upon said list with having deserted the said mili tary or naval service of the United States, shall present to any court, board of registry, or to the inspector of any election in this state, the certificate of the adjutant general of the state that he has made a careful examination, upon proof submitted, with said charge of deser. tion, and is satisfied from said proof that the charge is unfounded, such certificate shall be held and deemed to rebut and do away with the prima facie case made under this law by said list against such person so charged with desertion."

How charge of

SECTION 2. Whenever it shall be made to appear, desertion to be by competent testimony presented to the adjutant removed. general of the state that any person has been wrongfully reported at the war department as a deserter from any Wisconsin military organization, or from any draft duly ordered in this state during the late war of the rebellion, he shall, upon such proof, issue his official certificate to the person, or to the legal representatives of the person, so improperly charged with desertion, as contemplated in the preceding section. As to the character of the testimony upon which the certifi cate of the adjutant general shall be based, he shall require the best proof of which the case is susceptible, complying in form and substance, as nearly as pos sible, with the requirements of the various departments of the general government in like case, all

Duty of adjutant general.

Secretary of

state to strike

when certified

by adjutant.

papers filed as evidence to be in duplicate. He shall also consider in evidence in all cases when pertinent, the records of his office.

SECTION 3. The adjutant general shall keep on file in his office, properly classified and arranged for refer ence, one set of the papers transmitted in such case. He shall also classify and arrange the duplicates in the same manner, and at the end of the three months next ensuing the passage of this act, he shall transmit to the war department at Washington a list of the names of all 'soldiers to whom during the said three months he shall have issued the certificates herein before provided for, with complete sets of the papers upon which the same were based, accompanying said list and evidence, with an official request that the names thereon be stricken from the list of deserters on file in said department. At the end of each month after the transmission of the first list, he shall transmit a list of those to whom he has during said month, issued certificates with request and evidence as hereinbefore provided. When the department at Washington shall notify said adjutant gen. eral that the evidence in any case is insufficint to warrant the removal of the charge of desertion, as requested, he shall immediately advise the party applying for the removal of such charge of the additional evidence required, both as to form and substance.

SECTION 4. The adjutant general shall officially innames from list form the secretary of state of the names of men to whom he has issued his said certificate, and upon receipt of such notice the secretary of state shall strike such names from the list of deserters on file in his office. There shall also be published once in each two months, after the transmission to Washington of the first list, as provided in section three of this act, a list over the official certificate of said adjutant general of the men to whom certificates as aforesaid have been issued and the names of all to whom they have been issued during the year, shall be published in the annual report of the adjutant general.

Further duties of adjutant general.

SECTION 5. The adjutant general shall make such regulations, with the approval of the governor, as shall be necessary and proper to faithfully and fully carry out the provisions of this act. He shall have authority to administer oaths, take depositions in cases arising under this act, and in general to do all things essential

AN ACT to amend section 24 of chapter 13 of the revised statutes, entitled "of counties and county officers."

.

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

SECTION 1. Section twenty-four of chapter thirteen Amended. of the revised statutes, entitled "of counties and county officers," is hereby amended so as to read as follows, to wit: "When a judgment shall be rendered against any county, or against the board of supervisors of any county, or against any county officer, in an action. prosecuted by or against him in his name of office, when the same should be paid by the county, no exe cution shall be awarded or issued upon such judg ment, but the same, unless reversed, shall be levied and collected in the manner herein provided, and in no other manner, and when so collected, shall be paid by the county treasurer to the person to whom the same shall be adjudged, upon the delivery of the proper vouchers therefor."

to ascertain

county.

SECTION 2. The county board of supervisors, at County board their annual session held on the Tuesday next suc- amount of judg ceeding the general election, and after they shall have ments against been notified of any such judgment, but not at any other session, shall, if all the persons elected as members of the board, or their successors in case of a vacancy, are present, ascertain the total amount of all such judgments as are mentioned in the preceding section, together with interest on the same up to the first Tuesday of June next thereafter, and shall according to their best judgment, apportion such amount