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NO. 33.

AN ACT relating to the Bank of Wisconsin, and requiring its officers to cloud

and settle its affairs.

al to institute suit

Whereas, it appears by a report of the 'joint committee of the Legislative Assembly, made at its present session, that the Bank of Wisconsin has, contrary to the provisions of its charter, refused to permit the said committee to examine into its doings, and to have free access to its books and vaults, agreeably to the 22nd section of the act incorporating said Bank, and has, in this and other respects, violated the provisions of the said act of incorporation, and thereby forfeited its charter, therefore,

Sec. 1. Be it enacted by the Legislative Assembly of the TerAitorney Gener.

ritory, That the Attorney General of the Territory be, and he is hereby authorized and required immediately after the twentieth day of April next, to commence and prosecule a suit by injunction to close up all proceedings of said Bank immediately after the service thereof, and to annul the charter of the Bank of. Wisconsin, and if

it shall appear that the said charter has been forfeited, the court is When receiver hereby anthorized to appoint a receiver to take charge of all the

property, debts, and evidences of debt, belonging to said Bank, the same to collect and to pay to all the creditors of said Bank,the fair

and full proportion which to them may be due. Absence of pre Sec. 2. That in the absence of the presiding Judge of the siding Judge.

district in which the said bank is located, it shall be lawful for any
other Judge of the Territory to perform the duties of said absent
Judge, in any suit to be commenced and prosecuted against said
Bank.

Sec. 3. This act shall take effect from and after its passage.
Approved, March 11, 1839.

may be appoint. ed.

His duties.

Who may per: form his duties.

NO. 56.

AN ACT to organize the Counties of Dane and Fon du Lac and for othoi

purposes.

Be it enacted by the Council and House of Representatives of

the Territory of Wisconsin, That Section 1. The county of County of Dane

Lane from and after the first Monday of May next, shall be an when to he or organized county for all the purposes for which any county in this ganized.

Territory is organized

where bold.

mado.

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Sec. 2. The first election shall be held ou the first Monday. in First olotion May next, at the American Hotel, in Madison, and thereafter the election in said county shall be at the times and places provided by law.

Sec. 3. The returns of the first election for said county, shall Returns whore be made to the clerk of the supreme court at Madison, who shall in the presence of one or more justices of the peace canvass the same and certify the result. Sec. 4. The term of the district Court required to be held in the

April term of month of Ipril in each year, shall not be holden until the judge of coure not to be said district shall so order, which order shall be directed to the dered by the

ty government

held.

Judge. Sheriff, and by him published at least two months' before the time of holding said court, and the librarian of the Territory is hereby required on the application of the board of commissioners of said county to cause to be opened a suitable room in the Capitol District court at Madison, in which the sessions of the District Court shall where held. be held, until otherwise provided for.

Sec. 5. The county of Fon du Lac shall be organized for the purpo- Fon du Lac or. ses of county government only from and after the first Monday of A-ganized for coun. pril next; at which time the election for county officers shall be held at oniy. the places and in the manner provided by law, and the candidate for Election when county commissioner having the highest number of votes shall serve two years from and after the first Monday in August next; Grade of com. the candidate having the next highest shall serve one year from missioners. the time aforesaid, and the candidate being the third in the list shall serve until the first Monday of August next, or until their successors are duly elected and qualified. The returns of the first tion where made election shall be made to the clerk of the county commissioners of Brown vaunty, who shall canvass the votes and certify the result of the clection in the manner provided in other cases.

Sec. 6. The said county shall remain attached to the county Attch'd to Brown. of Brown for judicial purpos:s, and shall pay annually into the for judicial pur. county treasury of Brown county, five per cent. of all taxes levied five per cent of

taxes to defroy and collected in said county of Fon du Lac, for the purpose of defray- expenses of ing the expenses of courts; and the qualified voters of said county shall have power, on the first Monday of April next, to elect a col- Collector to be lector to discharge the duties incident to that office in place of the sheriff; and such collector shall continue in office until the first Monday of August next, and until his successor shall be elected and qualified, and thereafter a collector shall annually, on the first Vacaney how Monday of August be elected, and in case of a vacancy in the office of collector, the county commissioners shall have power to supply such vacancy until the next annual election.

Returns of olec.

elected.

Term of owes.

filled.

uty.

Term of com

Duties of Sheria Sec. 7. All duties in relation to any election required to be
relative to elec-
tion, may be per- perfomed by a sheriff within said courty, may be performed by a dep-
formed by dep

Puty to be appointed in such county by the sheriff of the county of
Brown.

Sec. 3. The term of office of the several boards of commissionmissioners first ers, first elected in each of the counties of Dane and Jefferson, shall elected, how de- be determined as is provided in the second section of an act entitled, termined.

an act organinizing a board of county commissioners in each
county in this Territory, approved, Dec. 20, 1937.

Sec. 9. This act shall take effect from and after its passage.
Approved, March 11, 1839.

NO. 57.

clause.

AN ACT to incorporate the Milwaukee Manufacturing and Hydraulic Com

pany. Be it enacted by the Council and House of Representatives of the Territory of Wisconsin,

Section 1. That all persons that may be associated together as stockholders under this act of incorporation, and their successors

and assigns, be, and are hereby ordained, constituted and declared, Incorporating

to be a budy politic and corporate under the name and style of the Milwaukee Manufacturing and Hydraulic Company, and by that name shall have all the privileges and immunities of a corporation ; shall be capable of sueing and being sned, defending and being defended, in all courts and places whatsoever; may have a common seal and change the same at pleasure ; and generally, may do all such matters and things as to then shaillawfully appertain to do, to carry into effect the purposes of said corporation.

Sec. 2. The said company is hereby authorized and empowered General power to build a dam across the Milwaukee river, on fractional section

:

No. twenty-one, in township seven north, of range No. twenty-two east, in the county of Milwaukee, to erect mills or other machinery. as they may deem proper, or in any other manner to make use of the water power created thereby, to build wharves and erect warehouses, or such other buildings as may be deemed necessary, and useful for manufacturing or commercial purposes, either above or below said dam, and to use and improve said mills, machinery, wharves, ware-houses, and other buildings, in such manner for the purposes aforesaid, as shall be deemed advisable for the best interests of said company, Provided, That if at any time the debts

tion.

purchase and convey real es

Description of

be built.

contracted by said company, shall exceed the amount of corporate funds paid in, and the value of their lands, tenements, goods and chattels, rights and credit, the directors under whose administration the same shall happen, shall be liable for said excess in their private capacities : and the stock-property of said corporation shall be subject to the same taxation as other property, and to be taken and sold on execution to satisfy any debt of any stucktvider in such madner as is or may be provided by law.

Sec. 3. The company shall be capable of purchasing, holding, Company may leasing and conveying real and personal estate; and all deeds executed by the treaşurer, in the name of the company, shall be sufficieni tale. in law to convey the title of the company to the lands therein Manner of cus

veying described.

Sec. 4. Said dam shall not exceed five feet rise above the surface of said river, at high water, and shall contain a convenient dam and lock: lock for the passage of such water craft'as may navigate said river; 80 constructed as to receive the same below said dam, in slack water of sufficient depth for the ordinary purpose of navigation upon said river, and pass them to slack water of sufficient depth above said dam; and a slide or chute shall be constructed in said of slide for reta dam to rise not more than three inches to the foot, and not less than and fish. twenty-five feet in width, so as to allow the safe and convenient passage of rafts of timber, and free passage of fish over the same ; and it shall be the duty of said company, at all times, to keep said lock in repair and to pass any water-craft which can be admitted through the same free of toll, without unnecessary delay.

Sec. 5. If by the erection of said dam any lands shall be flowed to the injury thereof, the owner of said lands shall be entitled to Damages for

flowing lando, damages to be ascertained as hereinafter prescribed ; but no action of trespass shall be had or maintained by any owner or proprietor as aforesaid.

Sec. 6. When the said company can not agree with the owner of said land for the purchase thereof, or for damages sustained by such owner, and whenever any such owner shall make application How ascertained to any justice of the peace of the county of Milwaukee complaining of damages sustained as aforesaid, said justice shall thereon issue his warrant, directed to the sheriff of said county, or if he be a party interetsed, to a constable not interested, requiring him to summons a jury of six free-holders of said county, to meet near said land, on a day and hour therein named, to enquire and ascertain the damages by a view of the premises, and before they act as such, the sheriff or constable shall administer to each of them an oath or affirmation, that he will faithfully and impartially enquire and

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assess the damages which the owner or owners shall have sustainu by reason of said flowage, according to his best skill and judgment; whereupon the jurors shall proceed to view the premises and hear the evidence of the respective parties, and said inquisition shall be reduced to writing and signed by all the jurors, and the said sheriff shall take charge of the same, and within five days thereafter, deliver it to the clerk of the district court of Milwaukee county who shall file the same, and either party may take exception to such inquisition within thirty days after the same shall have been filed with the clerk as aforesaid ; which exception, shall be heard and tried by said court at the next term thereafter, and if no exception's shall be filed within that time or if the exception shall be overruled by the court, it shall be the duty of the clerk to record the inquisition at the expense of the company. But if the inquisition shall be set aside, the court rnay direct another to be taken in the manner above prescribed, and the sheriff or constable, jurors and witnesses, shall be allowed the ordinary fees for like services, and in case of exception, shall be taxed against either party in the discretion of the court; such valuation when paid or tendered to be paid, shall be full satisfaction for the damage complained of.

Sec. 7. Any person who shall destroy or in any wise injure Injuries to dam or lock bow pun said dam or lock, shall be deemed to have committed a tresspass

against the said company and liable accordingly. And any person wilfully and maliciously doing damage to said dam or lock, shall be deemed guilty of a misdemeanor, and punishable by fine and imprisonment, in the discretion of the court; Provided, that the imprisonment shall not exceed the term of one year.

Sec. 8. The capital stock of said company shall be two hundred Capital stock.

thousand dollars, to consist of two thousand shares of one hundred dollars each.

Sec. 9. Books for subscription to the capital stock of said Manner of sub. company shall be opened at the Milwaukee House, in Milwaukee, scribing for

on the first daỹ of April, A. D. 1839, under the superintendence of
J. E. Arnold, Byron Kilbourn and James Sanderson ; and the pro-
prietors of the Mill addition, on which said dam is hereinbefore
located, shall have the privilege of subscribing for the whole
amount of said stock if they shall deem proper, and as
said stock shall be subscribed for, a majority of the stockholders
in interest in said company may call a general meeting of the
stockholders for the choice of a board of nine directors, by giving
thirty days notice of the time and place by them appointed for
that purpose in some newspaper printed in the county of Milwa-
kee; and annually thereafter, the said stockholders shall meet on

ished.

stock.

soon as

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