Trustees.

elected.

SECTION 3. The corporate concerns of said seminary shall be managed by a board of trustees, consisting of nine members, five of whom shall constitute a quorum for the transaction of business. They shall be How and when elected by the stockholders, on the first Monday in April annually, and shall hold their offices for the term of one year, and until their successors are duly elected. The election of trustees shall be by ballot, and each stockholder shall be entitled to one vote for every share by him owned, to the amount of ten shares, and then to one vote for every five shares over and above that amount. Any stockholder may vote in person or by proxy. Said trustees shall elect one of their number to be president of their board, and they shall have power to fill all vacancies in their own body. If any election shall not be made on the day designated by this act, such election may be held on any other day: provided, a notice of the time and place of holding such election, signed by three of the stockholders, be first published, for two suceessive weeks, in some newspaper in said town.

Their powers.

Conveyances how executed.

SECTION 4. The board of trustees shall have pow er to appoint subordinate officers and agents; to make, ordain and establish all such ordinances, by-laws, rules and regulations, as they may deem necessary for the good government of said seminary, its officers, servants, teachers and pupils; and for the management of. the property and affairs of the said corporation, to the best advantage: provided, they shall not contravene the constitution of the United States, or the laws of this Territory.

SECTION 5. That all deeds, and other instruments of conveyance, shall be made by order of the trustees -sealed with the seal of said corporation-signed by the president, and by him acknowledged in his official capacity in order to ensure their validity.

SECTION 6. That any future legislature shall have power to alter or amend this act.

Approved January 15, 1838.

No. 45.

AN ACT to divorce Martha Newton from her husband, John C.
Newton.

SECTION 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That the bonds of matrimony, now existing between Martha Newton, and her husband, John C. Newton, are hereby made null and void, to all intents and purposes, as if the said parties had never been married.

SECTION 2. The said Martha Newton shall enjoy and possess, all and singular, the rights and privileges of a femme sole, and shall have the entire control and management of her child, Charles C. Newton, in all respects whatever.

Approved January 15, 1838.

No. 46.

AN ACT to authorize the boards of county commissioners of the several counties in this Territory to borrow money for the purpose of erecting court houses and jails.

for what pur

SECTION 1. Be it enacted by the council and house of Counties may representatives of the territory of Wisconsin, That the borrow money boards of county commissioners, of the several coun- poses. ties in this territory, be, and they are hereby authorized to borrow, on the credit of their respective counties, at any interest not exceeding seven per centum per annum, such sum or sums of money as may be necessary for the erection, at the county seats of the several counties, a court house, jail, and fire proof offices; which buildings shall be erected under the superintendence of the board of county commissioners of the respective counties.

the lean.

SECTION 2. Be it further enacted, That the money Conditions of so borrowed shall be redeemable at any time not exceeding fifteen years, (as the parties may agree upon at the time of the borrowing of any such money) from the receipt of said money, and shall be paid out of any moneys in the treasuries of the respective counties, not TER LAWS-15

What county

ment.

otherwise appropriated. And should there not be money in the treasury of any county, sufficient for that purpose, the board of said county are hereby, authorized to levy, and cause to be collected, a tax or series of taxes, for that purpose, with the interest thereon: provided that the interest shall be annually paid.

It is further provided, That there shall be no liability, liable for pay for the payment of the principal sum so borrowed, except upon the proper county for whose use it was borrowed, and upon such other county as may be attached to the same, at the time the debt becomes due. SECTION 3. This act to be in full force, and take ef from and after the first day of May next. Approved January 15, 1838.

Limited partnerships per

No. 47.

AN ACT relative to limited partnerships.

SECTION 1. Be it enacted by the council and house of mitted, and for representatives of the territory of Wisconsin, That limited what purposes. partnerships, for the transaction of any agricultural, mercantile, mechanical, mining, smelting or manufacturing business within this territory--and for no other purpose whatever-may be formed by two or more persons, upon the terms, with the rights and powers, and subject to the conditions and liabilities herein prescribed.

General part

liabilities.

SECTION 2. Such partnerships shall consist of one ners and their or more persons, who shall be called general partners, and who shall be, jointly and severally, responsible as general partners now are by law, and of one or more persons, who shall contribute, in actual cash payment, a specific sum as capital, to the common stock, who shall be called special partners, and who shall not be liable for the debts of the partnership, beyond the fund so contributed by him or them to the capital.

Special part

ners.

General partners to act.

SECTION 3. The general partners only, shall be authorized to transact business, and sign for the partnership, and to bind the same.

SECTION 4. The persons desirous of forming such

the formation of

partnership shall make, and severally sign, a certifi- Requisites in cate, which shall contain: First. The name or firm un- the partnership. der which such partnership is to be conducted. Second. The general nature of the business intended to be transacted. Third. The names of all the general and special partners interested therein, distinguishing which are general, and which are special partners, and their respective places of residence. Fourth. The amount of capital which each special partner shall have contributed to the common stock. Fifth. The period at which the partnership is to commence, and the period that it will terminate.

acknowledged

SECTION 5. The certificate shall be acknowledged Certificate how by the several persons signing the same, in the manner, and before the same persons that deeds are now acknowledged; and the said ackowledgment shall be certified, in the same manner as the acknowledgment of deeds is now certified.

SECTION 6. The certificate so acknowledged and and recorded. certified shall be recorded and filed in the office of the register of deeds of the proper county, in which the principal place of business of the partnership shall be situated; and shall also be recorded by him at large, in a book to be kept for that purpose, open to public inspection. If the partnership shall have places of business situated in different counties, a transcript of the certificate, and of the acknowledgment thereof, duly certified by the register, in whose office it shall be filed, and under his official seal, shall be filed and recorded in like manner, in the office of the register of every such county.

filed also.

SECTION 7. At the time of filing the original cer- Affidavit to be tificate, with the evidence of the acknowledgment thereof, as before directed, an affidavit of one or more of the general partners shall also be filed in the same office, stating the sums specified in the certificate to have been contributed, by each of the special partners, to the common stock, and to have been actually and in good faith paid in cash.

ment.

SECTION 8. No such partnership shall be deemed consequences to have been formed, until a certificate shall have been of false statemade, acknowledged, filed and recorded, nor until an affidavit shall have been filed as above directed. And if any false statement be made in such certificate, or affidavit, all the persons interested in such partner

Publication

how made

and proved.

Partnership

continued.

ship shall be liable for all the engagements thereof as general partners.

SECTION 9. The partners shall publish the terms of the partnership, when registered, for at least six weeks immediately after such registry, in a newspaper published in the county where the principal business of the partnership shall be carried on, if there be one published in that county; if not then in a newspaper in the territory, nearest to the said principal place of business, to be designated by the register of deeds of the county in which said registry, shall be made; and if such publication be not made the partnership shall be deemed general.

SECTION 10. Affidavits of the publication of such notice, by the printers of the newspaper in which the same shall be published, may be filed with the register of deeds in the county where the principal business of the partnership may be carried on, and shall be evidence of the facts therein contained.

SECTION 11. Every renewal, or continuance of how renewed or such partnership, beyond the time originally fixed for its duration, shall be certified, acknowledged and recorded, and an affidavit of a general partner be made and filed, and notice be given in the manner herein required for its original formation; and every such partnership which shall be otherwise renewed or continued shall be deemed a general partnership.

What shall be dissolution of

the partnership.

Consequences thereof.

In what name

conducted.

a SECTION 12. Every alteration which shall be made in the names of the partners, in the nature of the business, or in the capital or shares thereof, or in any other matter specified in the original certificate, shall be deemed a dissolution of the partnership; and every such partnership which shall in any manner be carried on after any such alteration shall have been made, shall be deemed a general partnership, unless renewed as a special partnership according to the provisions of the last section.

SECTION 13. The business of the partnership shall business to be be conducted under a firm, in which the names of the general partners only shall be inserted, without the addition of the word "company" or any other general term; and if the name of any special partner shall be used in such firm, with his privity, he shall be deemed a general partner.

SECTION 14. Suits in relation to the business of