successive weeks either in some newspaper published in the county or in an adjoining county, if one be published nearer his residence than any published in his county; but if no newspaper is published within twenty miles of his residence, then he must post such notice in three public places in his county. Such notice shall describe the stray by giving its marks, natural or artificial, as near as possible, the name and residence of the finder, specifying the section and town, and the time when such stray was taken up. For neglect to post up or publish as required, the finder shall be liable to double the amount of damages sustained by the owner. For neglect to post or publish for one year, the finder shall be liable for its full value, to be recovered in the name of the town, and the amount recovered to be added to the school fund of such town.

The finder shall, within one month, cause the stray to be appraised by a Justice of the Peace and a certificate of such appraisal signed by such Justice filed in the Town Clerk's office. The finder shall pay the Justice fifty cents for such certificate, and ten cents per mile for each mile necessarily traveled to make the same.

The owner may have the same restored to him any time within one year after such notice is filed in the town Clerk's office, by proving that the stray belongs to him, and paying all lawful charges incurred in relation to the same. If the owner and finder cannot agree as to the charges, either party, on notice to the other, may apply to a Justice of such town to settle the same, who, for that purpose, may examine witnesses upon oath, and the amount found due, with the costs, shall be a lien upon such stray. If no owner applies for the return of such stray, as provided, and the same is not worth more than ten dollars, it shall become the absolute property of such finder; but if the appraisal shall exceed ten dollars, it shall be sold at public auction by the Sheriff or any Constable of the county, on the request of the finder, and he shall be entitled to one-half the proceeds, and the other half shall be paid to the Treasurer of the town within ten days. If the finder shall neglect or refuse to cause such sale, he shall pay to the town the value of such stray, to be recovered by the town.

If any person, without the consent of the owner, shall take away such stray, without first paying the lawful charges, he shall be liable to the finder for the value of such stray. If the finder shall neglect to do any act prescribed above, he shall be precluded from acquiring any right in such stray, and from receiving any charges or expenses relative thereto.

FENCES.

The Overseers of Highways in their respective towns, the Aldermen of cities in their respective wards, and the Trustees of villages in their respective villages, shall be Fence Viewers, and in towns having less than three road districts, the Supervisors shall be Fence Viewers.

All fences four and a half feet high, and in good repair, consisting of rails, timber, boards or stone walls, or any combination thereof, and all brooks, rivers, ponds, creeks, ditches and hedges or other things which shall be considered equivalent thereto, in the judgment of the Fence Viewers, within whose jurisdiction the same may be, shall be deemed legal and sufficient fences. Every partition of a fence, or line upon which a fence is to be built, made by the owners of the adjoining lands, in writing, sealed and witnessed by two witnesses, or by Fence Viewers in writing, under their hands, after being recorded in the Town Clerk's office, shall oblige such owners and their heirs, as long as they remain owners, and after parting with the ownership, until a new partition is made. A division of a partition fence, or line upon which a partition fence between adjoining lands shall be built, may be made by Fence Viewers in the following

cases:

1. When any owner of uninclosed lands shall desire to inclose the same, he may have the line between his land and the adjoining land of any other person divided, and the portion upon which the respective owners shall erect their share of the partition fence assigned, whether such adjoining land be inclosed or not.

2. When any lands belonging to different persons in severalty, shall have been occupied in common, or without a partition fence between them, and one of the occupants shall be desirous

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to occupy his part in severalty, and the others shall refuse or neglect, on demand, to divide with him the line where the fence ought to be built, or to build a sufficient fence on his part of the line, when divided, the occupant desiring it may have the same divided, and the share of each assigned.

3. When any controversy shall arise about the right of the respective occupants in partition fences, or their obligations to maintain the same, either party may have the line divided, and the share of each assigned.

In either case, application may be made to two or more Fence Viewers of the town where the lands lie, who shall give reasonable notice in writing to each party, and they shall in writing under their hands, divide the partition fence or line, and assign to each owner or occupant his share thereof, and in the second and third cases direct within what time each party shall build or repair his share of the fence, having regard to the season of the year, and shall file such decision in the Town Clerk's office. If either party shall neglect or refuse to build or repair within the time so assigned, his part of the fence, the other may, after having completed his own part, build or repair such part, and recover double the expense thereof.

Where the whole or a greater share than belongs to him has been built by one of the occupants, before complaint to the Fence Viewers, the other shall be obliged to pay for his share of such fence.

Where uninclosed land is afterward inclosed, the owner shall pay for one-half the partition fence upon the line between him and any other owner or occupant.

If any person shall determine not to keep inclosed any part of his land adjoining any partition fence, and shall give six months' notice of such determination to all adjoining occupants, he shall not be required to maintain any part of such fence during the time his lands shall lie

open.

LANDLORD AND TENANT.

The common law right to destrain for rent is abolished.

The atonement of a tenant to a stranger shall be absolutely void, and shall not in anywise effect the possession of his landlord, unless it be made

1. With the consent of the landlord; or

2. Pursuant to, or in consequence of, a judgment or order of a court of competent jurisdiction; or

3. To a purchaser upon a judicial sale, who shall have acquired title to the lands by a conveyance thereof, after the period for redemption, if any, has expired. A tenancy, a will or sufferance may be determined by the landlord, giving one month's notice to quit, or the tenant giving one month's notice of his intention to quit, or if the terms of payment are for less than a month, notice equal to the time between payments, or for non-payment of rent, fourteen days' notice to quit. Such notice shall be served by delivering the same to such tenant, or to some person of proper age residing on the premises, or if no such person can be found, by affixing the same in a conspicuous part of the premises, where it may be conveniently read, and, at the expiration of the time required after the service of such notice, the landlord may re-enter, or maintain an action for the recovery of the possession thereof, or proceed in the manner prescribed by law to remove such tenant without further or other notice to quit. If, after giving notice of deternination to quit, the tenant neglects or refuses to deliver up the premises, he shall be liable to double the rent agreed upon, to be collected the same as single rent.

MARKS AND BRANDS.

Every Town Clerk shall, on application of any person residing in his town, record a description of the marks or brands with which such person may be desirous of marking his horses, cattle, sheep or hogs; but the same description shall not be recorded or used by more than one resident of the same town. If any person shall mark any of his horses, cattle, sheep

or hogs, with the same mark or brand previously recorded by any resident of the same town, and while the same mark or brand shall be used by such resident, he shall forfeit for every such offense $5; if any person shall willfully mark or brand any of the horses, cattle, sheep or hogs, of any other person with his mark or brand, he shall forfeit for every such offense $10; and, if any person shall willfully destroy or alter any mark or brand upon any of the horses, cattle, sheep or hogs of another, he shall forfeit $10, and pay to the party injured double damages.

SURVEYORS AND SURVEYS.

A County Surveyor is elected every two years.

The surveyor may appoint and remove deputies at will, on filing a certificate thereof with the County Clerk. He shall be responsible on his bond for the faithful performance by every deputy of his duties.

It shall be the duty of the County Surveyor:

(1.) To execute, himself or by his deputy, any survey which may be required of him by order of court, or upon application of any individual or corporation.

(2.) To make a record of the plat and field notes of each survey made by him or his deputies, in record books kept therefor, and to so arrange or index the same as to be easy of reference, and to file and preserve in his office the original field notes and calculations thereof.

(3.) To safely keep all books, records, plats, files, papers and property belonging to his office; afford opportunity to examine the same to any person desiring, and deliver the same to his successor in office.

(4.) To furnish a copy of any record, plat or paper in his office, to any person on demand and payment of his legal fees therefor.

(5.) To administer to every chainman and marker assisting in any survey, before commencing their duties as such, an oath or affirmation faithfully and impartially to discharge the duties of chainman or marker, as the case may be; and the surveyor and his deputies are empowered to administer the same.

(6.) To perform such other duties as may be required by law.

The surveyor and his deputies may demand and receive the following fees, except it be otherwise agreed upon with the parties employing them, to wit:

For each day's service, $3.

For each mile traveled in going from his office to the place of rendering service and returning, 10 cents.

For plat and certificate, except town plats, 50 cents.

For recording a survey, 50 cents.

For each chainman and marker necessarily employed, $1.50 per day, unless they be furnished by the person for whom the survey is made.

For making a copy, 10 cents a folio, and 25 cents for his certificate.

SUPPORT OF THE POOR.

Every town shall relieve and support all poor and indigent persons lawfully settled therein, whenever they shall stand in need thereof, excepting as follows:

The father, mother and children, being of sufficient ability, of any poor person, who is blind, old, lame, impotent or decrepit, so as to be unable to maintain himself, shall, at their own charge, relieve and maintain such poor person in such manner as shall be approved by the Super visors of the town where such person may be, and, upon the failure of any such relative so to do, the Supervisors shall apply to the County Judge for an order to compel such relief.

Legal settlement may be acquired by one year's residence in a town of this State.

MARRIED WOMEN.

In Wisconsin, the marriage of a femme sole, executrix or administratrix, extinguishes her authority; and of a female ward, terminates the guardianship as to custody of person, but not as to estate. The husband holds his deceased wife's lands for life, unless she left, by a former husband, issue to whom the estate might descend. Provisions exist by which powers may be given to married women, and regulating their execution of them. If husband and wife are impleaded, and the husband neglects to defend the rights of the wife, she applying before judgment, may defend without him; and, if he lose her land, by default, she may bring an action for ejectment after his death. The real estate of females married before, and the real and personal property of those after February 21, 1850, remain their separate property. And any married woman may receive, but not from her husband, and hold any property as if unmarried. She may insure the life of her husband, son, or any other person, for her own exclusive benefit. The property of the wife remains to her separate use, not liable for her husband's debts, and not subject to his disposal. She may convey her separate property. If her husband desert her, or neglect her, she may become a sole trader; and she may insure his life for her benefit. Her husband is not liable for her debts contracted before marriage; the individual earnings of the wife are her separate property, and she may sue, and be sued alone, in regard to the same. She may make and hold deposits in savings banks. She may, by a separate conveyance, release her dower in any lands which her husband has conveyed.

If a woman has authority, she can transact all her husband's business for him; and while they live together, the wife can buy all family things necessary for the support of the family, and for which he is liable.

The husband is responsible for necessaries supplied to his wife, if he does not supply them himself; and he continues so liable, if he turns her out of his house, or otherwise separates himself from her without good cause. But he is not so liable, if she deserts him (unless on extreme provocation), or if he turns her away for good cause. If she leaves him, because he treats her so ill, that she has good right to go from him, this is the same thing as turning her away, and she carries with her his credit for all necessaries supplied to her; but what the misconduct must be, to give this right, is uncertain. In America the law must be, and undoubtedly is, that the wife is not obliged to stay and endure cruelty and indecency.

If a man lives with a woman as his wife, and represents her to be so, he is responsible, the same as if she were his wife, even if it is known that she is not his wife.

ACTIONS.

All distinctions have been abolished, and there is now but one form, which must be prosecuted in the name of the real party in interest, except in case of executors, administrators and trustees, and which is begun by the service of a summons on the defendant, to be answered within twenty days.

ARREST.

Defendant may be arrested: 1. In an action to recover damages not on contract, where the defendant is a non-resident, or is about to remove from the State, or where the action is for injury to the person or character, or for injury to, or wrong taking, detaining or converting property, or in an action to recover damages for property taken under false pretenses.

2. In an action for a fine or penalty or for money received or property embezzled or fraudulently misapplied by a public officer or attorney, solicitor, or counsel or officer of a corporation as such, or factor agent or broker, or for misconduct or neglect in official or professional employment.

In an action to recover property unjustly detained where it is so concealed that the Sheriff cannot find the same.

4. Where the defendant was guilty of fraud in contracting the debt, or in concealing or disposing of the property for the taking, detaining or disposing of which the action is brought. An affidavit must be made on the part of the plaintiff, stating the cause of action and one of the above causes.

ATTACHMENT

is allowed on an affidavit that the defendant is indebted to plaintiff, and stating the amount and that it is due on contract; and,

1. That defendant has absconded, or is about to abscond, or is concealed to the injury of his creditors.

2. That defendant has assigned, disposed or concealed his property or is about to do so with intent to defraud creditors.

3. That the defendant has removed, or is about to remove, his property from the State with intent to defraud creditors.

4. That the debt was fraudulently contracted.

5. That he is a non-resident.

6. Or a foreign corporation.

7. That he has fraudulently conveyed or disposed of his property with intent to defraud creditors.

The amount sued for must exceed $50.

GARNISHMENT

is allowed on an affidavit on behalf of the creditor, that he believes that any third person (naming him) has property effects, or credits of defendant, or is indebted to him, also in execution, on a similar affidavit.

JUDGMENT

is a lien on real estate in the county where rendered from the date of docketing, and in other counties from the time of filing a transcript, and the lien continues for ten years. It bears interest at 7 per cent, or as high as 10 per cent if stipulated for in the contract.

STAY LAWS.

In Justices' Courts, on giving bond with surety within five days after judgment was rendered, stay of execution is allowed, as follows:

On sums not exceeding $10, exclusive of costs, one month; between $10 and $30, two months; between $30 and $50, three months; over $50, four months.

EXEMPTIONS.

A homestead not exceeding forty acres, used for agriculture and a residence, and not included in a town plat or a city or village; or, instead, one-quarter of an acre in a recorded town plat, city or village. Also, 1, Family Bible; 2, Family pictures and school-books; 3, Private library; 4, Seat or pew in church; 5, Right of burial; 6, Wearing-apparel, beds, bedsteads and bedding, kept and used in the family, stoves and appurtenances, put up and used, cooking utensils and household furniture to the value of $200, one gun, rifle or fire-arm to the value of $50; 7, Two cows, ten swine, one yoke of oxen and one horse or mule, or, in lieu thereof, a span of horses or mules, ten sheep and the wool therefrom, necessary food for exempt stock for one year, provided or growing or both, one wagon, cart or dray, one sleigh, one plow, one drag and other farm utensils, including tackle for the teams to the value of $50; 8, Provis ions and fuel for the family for one year; 9, Tools and implements or stock-in-trade of a