sons employed in logging camps, or in driving, running or manufacturing logs or lumber, nor to any person whose occupation is such as to render him inaccessible on the regular pay day. Whenever any person engaged in lumbering or building or in the manufacture of lumber, shall defer the payment of all or any part of the wages due employes, after the same become due, such employer shall, on demand, give his employes written evidence of indebtedness for the amount so due them, which shall be payable at a date agreed upon and be negotiable. Any such employer who shall refuse to give such evidence of indebtedness for money earned, shall forfeit not more than fifty dollars."

Conflicting laws repealed. SECTION 2. All acts or parts of acts, in conflict with this act, are hereby repealed.

SECTION 3. This act shall take effect and be in force, from and after its passage and publication.

Approved March 9, 1901.

No. 55, S.]

chaps 16.

[Published March 12,1901.

1405

CHAPTER 48.

AN ACT relating to service by publication and amending section 2640 of the statutes of 1898.

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

Application for order, when made; what to contain; first publication. SECTION 1. Section 2640 of the statutes of 1898, is hereby amended by adding at the end of the first sentence thereof the words: "within ten days after the date of the affidavit herein required," so that said section when so amended shall read as follows: Section 2640. The order mentioned in

the preceding section shall be made by the court or a judge thereof within ten days after the date of the affidavit herein required. The application therefor shall be based upon the complaint, duly verified and filed, and an affidavit, together showing the facts required to exist and that the plaintiff is unable, with due diligence, to make service of the summons upon the defendant in respect to whom such order is applied for, and also the

postoffice address of such defendant or that the plaintiff is unable, after due diligence, to ascertain it. The order shall direct that service of the summons be made by its publication in a newspaper to be designated as most likely to give notice to the defendant to be served, for such length of time as shall be deemed reasonable, not less than once a week for six weeks, and that on or before the day of the first publication, the plaintiff deposit, in a specified postoffice, a copy of the summons, together with a copy of the complaint, or of a notice of the object of the action as the case may require, securely enclosed in an envelope, the postage duly paid, addressed to the defendant at his postoffice, to be therein named, or a direction that such deposit may be omitted because the defendant's postoffice address cannot be ascertained; or that, at the plaintiff's option, a copy of the summons and a copy of the complaint or of the notice aforesaid be delivered to the defendant personally without the state; which, when done, shall have the same effect as a completed publication and mailing. The first publication must be made within three months from the date of such order, and service shall be deemed complete at the expiration of the full period prescribed by the order after the date of the first publication copies having been duly deposited in the postoffice when required.

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

Approved March 11, 1901.

No. 154, S.]

[Published March 12, 1901.

CHAPTER 49.

AN ACT to amend sections 2515, 2516, 2517, 2518, 2521 and 2522 of the annotated statutes, relating to the municipal court for Dane county.

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

Jurisdiction of court; in criminal cases; review by supreme court. SECTION 1. Section 2515 of the annotated statutes is hereby amended by striking out of the same the words "except murder and except where the person accused

shall demand in writing, as hereinafter provided, to be tried in said circuit court," as they are found in the eighth and ninth lines of said section, and the words "except murder" as they appear in the seventeenth line of said section; and by inserting after the word "recognizance" in the twenty-second line of said. section the following, "said municipal court shall also have jurisdiction over all actions brought for the breach of any recognizance returned to or given in said court. A transcript of any judgment rendered in such action in said county may be docketed in the office of the clerk of the circuit court for said county, and when so docketed shall then be a lien upon any real estate belonging to the judgment debtor named therein to the same force and effect as other judgments rendered and docketed in the said circuit court are such lien;" and by inserting after the word "appeal" where it appears in the twenty-fourth line of said section the words "and in actions on recognizances the amount of which exceeds two hundred dollars exclusive of costs" so that the said section as amended shall read as follows: The municipal court of the city of Madison and county of Dane, as heretofore established, is continued under the name of the municipal court for the county of Dane, shall be a court of record, and have a clerk and seal with suitable device, to be procured under the direction of the judge thereof, at the expense of the city of Madison. It has and may exercise powers and jurisdiction, equal and concurrent with the circuit court of Dane county, in all cases of crimes and misdemeanors arising in said county. Such jurisdiction includes the right to try and determine all appeals to such court in criminal cases, from justices of the peace in said county; but the party appealing may, at his option, appeal to said circuit court or said municipal court. No justice of the peace or court commissioner within said city shall exercise any jurisdiction in criminal or bastardy cases, but all such jurisdiction is vested in the judge of said court; and all examinations, recognizances and commitments from said judge, and the other justices of the peace of said county, in criminal cases, and in bastardy cases, shall be certified and returned to said municipal court instead of said circuit court at or before the time fixed for the appearance of the accused; and the accused and all witnesses required to attend shall be committed to be brought, or recognized to appear, before said municipal court on a day certain, not more than thirty days from the date of such commitment or recognizance. Said municipal court shall also have jurisdiction of all actions brought for the breach of any recognizance returned to or given in said court; a transcript of any judgment rendered

in such action in said county may be docketed in the office of the clerk of the circuit court for said county, and when so docketed shall then be a lien upon any real estate belonging to the judg ment debtor named therein to the same force and effect as other judgments rendered and docketed in the said circuit court are such lien; the judgments of said municipal court, in criminal cases tried upon information or upon appeal and in actions on recognizance the amount of which exceeds two hundred dollars exclusive of costs, may be reviewed by the supreme court in the same manner as like judgments of the circuit court may be; and all judgments originally rendered by said court, or the judge thereof, in criminal cases of which justices of the peace have jurisdiction may be appealed to and tried by the circuit court in the same manner as like judgments rendered by justices of the peace.

Laws and rules applicable; change of venue; process; informations. SECTION 2. Section 2516 of the annotated statutes is hereby amended by striking out the words "in criminal cases" where they appear in the second and third lines thereof and "except murder" where they appear in the twenty-fifth line thereof and by incorporating therein, section 1 of chapter 366 of the laws of 1891, so that the said section when so amended shall read as follows: The general provisions of law which may at any time be in force relative to circuit courts, and actions and proceedings therein, shall relate also to said municipal court, unless inapplicable, and the rules of practice prescribed by the justices of the supreme court for circuit courts shall be in force in said municipal court, and its rules of practice and proceedings shall conform, as near as practicable, to the rules and practice of circuit courts; but the laws of the state relative to change of venue in criminal examinations and trials shall not apply to said court or the judge thereof. It has power and authority to issue all process necessary to carry into effect its jurisdiction, which process shall in substance be the same, when applicable, as used in circuit courts, or shall be as directed by the judge thereof. Process issued by said court, its judge or clerk, in criminal cases, may be executed in any part of the state by the officer to whom it is addressed. Any person charged upon information of a criminal offense, in the municipal court of Dane county may, at any time before a jury is drawn for the purpose of a trial in said court, obtain a change of venue to the circuit court of said Dane county, upon making affidavit, that he believes that he cannot obtain a fair and impartial trial, in said municipal court; and thereupon, the said municipal court shall commit or hold the party to bail, to appear at the next term of

said circuit court, as upon examination, and the judge, under the seal of said court, shall transmit all the papers, and a copy of the record of the proceedings in such cause properly certified to be such, to said circuit court, which shall then proceed to hear and determine the same, and all recognizances, previously given in such cases and returned to said municipal court, may be enforced by said circuit court as fully as if they had originally run, and been certified and returned thereto. All informations for criminal offenses, committed in said county of Dane, shall in the first instance, be filed in said municipal court by the district attorney of said county, at the next term at which the same may be triable, if terms are held, as hereinafter provided, and if not, then before the time fixed for the trial thereof. The sheriff of Dane county may execute all sentences and judgments of said court.

Powers of judge; appeals in civil actions; violations of city ordinances. SECTION 3. Section 2517 of the annotated statutes is hereby amended by inserting after the words "justices of the peace" where they appear in the ninth line thereof the words "and the clerk of said municipal court shall act as the clerk of said court when it is held as a justice court and when the judge thereof is sitting as an examining magistrate, and is hereby authorized and empowered to administer oaths and perform the other dutes of his position the same as when the said municipal court is sitting as a court of record," so that said section when so amended shall read as follows: The municipal judge, in addition to the powers vested in the municipal court as aforesaid, is vested with all the powers and jurisdiction of a justice of the peace in said county, in criminal actions and proceedings, and jurisdiction of all prosecutions for breach of any ordinance or by-law of the city of Madison, and also with all the powers and jurisdiction of justices of the peace in said county, in civil actions and proceedings, and also power to hear and determine any such case, although the title to land may come in question therein; and, to exercise such jurisdiction shall hold the municipal court as courts are held by justices of the peace, and the clerk of said municipal court shall act as the clerk of said court when it is held as a justice court and when the judge thereof is sitting as an examining magistrate, and is hereby authorized. and empowered to administer oaths and perform the other duties of his position the same as when the said municipal court is sitting as a court of record. The general provisions of law. relative to civil and criminal actions before justices of the peace shall apply to said court so far as applicable. Appeals from judgments rendered in said court, in civil actions except as