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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. If issued against a corporation, it shall be served in the same manner provided by law for serving process upon corporations.

SEC. 6. In all cases where the writ shall be returned Returned. duly 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 found, &c. and has no place of residence within his county, the court 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 held, 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, shall 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 amount then actually due.

No declaration required.

Trial and judgment.

SEC. 8. No declaration shall be required to be filed up on the scire facias; but where executors or administrators are plaintiff, in any such writ, they shall make profert of their letters testamentary or of administration, in the scire facias, in the same manner as is now practiced in a declaration. And the defendant shall plead to such writ in the same manner as to a declaration.

SEO. 9. All issues, whether of law or of fact, joined upon any scire facias, shall be tried and judgment ren dered thereon in the same manner as in personal actions SEC. 10. This act shall be published immediately after its passage, and shall be in force from and after such publication.

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Manner of applying for pardons.

Judge to keep minutes, &c.

CHAPTER 84.

Published in Extra April 16.

An 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:

SECTION 1. All applications hereafter made to the gov ernor of this state for the pardon of any person who shall 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 which 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 affidavit.

SEC. 2. It shall be the duty of any judge prisiding at the trial of any person indicted for murder, to keep fall minutes 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 such 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. tshall not be so construed as to render it obligatory on the executive to pardon any convict, although the plication for such pardon shall be made in accordance ith the provisions of this act.

SEO. 4. This act shalt be in force and effect from and ter its passage.

Approved March 31, 1856.

CHAPTER 85.

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 Tenate and Assembly, do enact as follows:

heir.

SECTION 1. The female infant now known by the name Constituted f Mary Ellen Burgess, and whose parents are unknown, ut supposed to be dead, and who now lives, and from he time she was only a few days old has lived with Syl. anus S. Burgess, of Leroy, Dodge county, in this state, 8 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 upon being printed by he state printer.

Approved March 31, 1856.

Additional

CHAPTER 86.

Published May 14.

An Act to provide for additional terms of the Circuit Court for Milway
County.

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

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 s 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 ter shall be drawn and summoned in the manner provided law. Said additional terms shall be for criminal and cha cery jurisdiction only.

Term abolished.

SEC. 2. The May term of the circuit court for Milwauk 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 f and after the fourth day of July next. Approved March 31, 1856.

Secretary to

CHAPTER 87.

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:

SECTION 1. The secretary of state is hereby authorized audit account audit the accounts of the postmaster at Madison, f for postage. the postage of the executive office, office of the sec

· of state, attorney general, state superintendent, bank ptroller, state treasurer, and clerk of the supreme rt, 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
Madison, 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,
n the presentation of said accounts properly certified
by their respective offices.
Approved March 31, 1856.

CHAPTER 88.

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 shall 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 ›n, 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 ases, the punishment shall be fine, not exceeding one undred dollars, or by imprisonment in the county jail, of 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 nd after its publication by the state printer.

Approved March 31, 1856.

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