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same number of voles, their grade shall be determined by lot by the said inspectors.

Sec. 5. That the duties of the county commissioners elected Their duties. according to the provisions of this act, relative to the land to which the county may have a right of pre-emption, shall be the same as specified in the act of which this is amendatory.

Sec. 6. This act shall take effect from and after its passage,
Approved, February 28, 1839.

NO. 34.

AN ACT to divide the town of Delovan, and for other purposes.


SECTION 1. Be it enacted by the Council and House of Representatives of the Territory of Wisconsin, That all that part of the Town of Waltown [of] Delevan, comprising townships one north, in range fifteen worth estab and sixteen east, be, and the same is hereby set off into a separate town by the name of Walworth, which town shall be entitled to all the rights and privileges which the other towns in Walworth county have by law, and the elections herealier to be holden shall Elections where be held at Fontana, in said own of Walworth.

Sec. 2. This act to take effect from and after its passage.
Approved, February 28, 1839.


NO. 35.

AN ACT for the organization of the County of Jefferson.


Section 1. Be it enacted by the Council and House of Representatives of the Territory of Wisconsin, That from and after the passage of this act, the county of Jefferson shall to all intents and County organfor all purposes for which any county in the Territory of Wisconsin is organized, be and remain an organized county.

Sec.2. For the purpose of electing the first county officers, the polls of election shall be opened on the second Monday in April, First election. 1839, at the several places in said county, and be conducted in all respects in such manner as are prescribed by law.

Sec. 3. The county of Jefferson shall be a part of the second judicial district, and the district court shall be holden at the seat of

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bofore passage of


his duties.

District court justice for said county, on the first Monday in May, and November,


Sec. 4. All cases which may have been removed by appeal or Appeals taken certiorari from the judgment of any justice of the peace of said this act, where county of Jefferson, to the district court of the county of Milwaukee

before the laking effect of this act, shall be prosecuted to final
judgment in said district court in the same manner, and the same
court shall have jurisdiction to proceed therein as if this act had not
been passed.

Sec. 5. It shall be the duty of the register of deeds, to procure of Register or deeds berictor of Milonkeet

as the register of Milwaukee, true copies of all deeds and conveyances

of land or real estate lying and being in the county of Jefferson, and the same to record in his own office, and such records shall be as 'good evidence in all courts, as the original records of Milwaukee can be.

Sec. 6. The board of commissioners of Milwaukee county may

ascertain the amount of debt standing against said county at the Debt due to Mil- time of the organization of Jefferson county, except such as may certained and as have been contracted for the permanent improvement, the proportion

of which to be ascertained by the report of the last census,) shall
be allowed by the board of commissioners of Jefferson county, and
paid out of the county treasury, for the benefit of the county of
Milwaukee, but no part thereof shall be required to be paid from the
tax levied for the year 1839.
· Approved, February 28, 1839.


NO. 36.

AN ACT to incorporate the Wisconsin Marine and Fire Insurance Company.

Section 1. Be it enacted by the Council and House of Representatives of the Territory of Wisconsin, That all such persons as shall hereafter he associated together for the purposes herein contained, shall be and hereby are constituted and declared to be from time to time, and at all times hereafter, from the passage of this act until

the first Monday in January, which will be in the year 1868, a body and powers of corporate and politic in fact and in name, by the name of “The the corporation.

Wisconsin Marine and Fire Insurance Company," and that by the same name they and their successors during the period aforesaid, shall and may have continual succession, and shall be capable in law of suing and being sued, pleading and being impleaded, answer

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ing and being answered unto, defending and being defended in all courts and places whatsoever, and in all manner of actions, suits, complaints, matters and causes, whatsoever; and that they and their successors may have a common seal, and may change and alter the same at their pleasure, and by the same name shall be capable of purchasing, holding, and conveying any estate, real or personal, for the use of the said corporation, and subject to the restrictions and conditions hereinafter contained.

Sec. 2. That this corporation shall have full power and authority to make contracts of insurance with any person or persons, body corporate or politic, against losses or damages by fire or otherwise, of any houses or boats, ships, vessels or buildings, whatsoever; and of any mayor livet goods, chattels or personal estate whatsoever; and all kinds of insur-. ance upon the inland transportation, of goods, wares or merchandize, whether by canal or upon our navigable lakes and rivers, for such térm or terms of time, and for such premium or consideration and under such modification and restrictions as may be agreed on between the said corporation and the party or parties agreeing with them. This corporation may likewise receive money on deposite, and loan the same on bottomry respondensia, or other satisfactory security, at such rates of interest as may be done by individuals by the laws of this Territory; may also make insurance upon life or lives, and employ all such capital as may belong or accrue to the said company in the purchase of public or other stock, or in any other monied transactions or operations for the sole benefit of the said company, and in general the said company may transact all business usually performed by insurance companies: Provided, nothing herein contained shall give the said company banking privileges.

Sec. 3. That if on any anniversary day of election for directors, the stockholders owning two-thirds of the whole amount of stock subscribed to this corporation, shall vote to discontinue the busi- Mar be dissolved ness of the said corporation, it shall be the duty of the directors by die hoofthe to cease forthwith from assuming any new risk of insurance, and from doing any new business or operations of any kind whatever except such as may tend to accelerate the closing of the concerns of the said corporation. And it shall further be the duty of the said directors as soon as may be, to dispose of all the property of the said corporation, and to call in all parts of the funds or capital stock of the said corporation which may have been loaned by the said corporation, and after the funds and property of the said corporation shall have thus been collected and received, to make an equal division of the same among the stockholders in the proportion that

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they shall be equitably entitled to by the number of shares of stock
of the said corporation, which they may respectively own, and after
all the property of the said corporation shall have been thus divided

and paid over, the said corporation shall cease and be dissolved.
Mode of calling in Sec. 4. The directors for the time being shall have power to call

and demand, from the stockholders respectively, at such time or
times as they shall think proper, the remainder of a!l sums of money
by the said stockholders subscribed : Provided, that said directors
give thirty days notice previous to the time such payment shall be

required, in a newspaper published at Milwaukee. By-laws.

And further, the said directors.shall have power to make and pursue such by-laws, rules and regulations as they shall deem proper, touching the management of the stock, proper estate, effects and concerns, of the said corporation; the election of directors, the transfer of stock, the employment of clerks, officers, servants, and agents of this coporation, and the investment of the funds which the business of insurance may not employ. Provided, however, that such investments, by-laws, rules and regulations, shall not be repugnant to the constitution and laws of the United States.

Sec. 5. That the said corporation may receive, take, and hold

mortgages on any real estate, chattels or tenements, and shall have tion to mortgages power to proceed on said mortgages or any other security for the

recovery of the money thereby secured to them, either at law or
equity, and it shall be lawful for the said corporation to purchase
on sales made by virtue either of a judgment at law, or decree, or
order of a court of equity, and to take any real estate in payment, or
towards satisfaction of any debt or sum of money due the said
corporation, and to hold such real estate so to be purchased, or
received, or taken as last aforesaid, until they can conveniently sell
and convert the same into money. A majority of the directors
shall constitute a board to transact business.

Sec. 6. No part of the funds or capital of this corporation which
the business of insurance may not actively employ, nor any part or
portion of the funds or capital of this corporation shall at any time

be by the said corporation, either directly or indirectly, employed to Not to employ deal or trade, in buying or selling any goods, wares, or merchandize, their funds in traffic. or in the purchase or sale of any grain or other produce, foreign

or domestic.

Sec. 7. A share in the stock of said company shall be twenty-five
Capital stock.

dollars, and the amount of shares shall not exceed twenty thousand.
Books for subscription shall be opened at Milwaukee, on the first
Monday of May next, under the inspection of James H. Rogers,

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Allen W. Hatch, Maurice Pixley, Hans Crocker, Samuel Brown, Commissioner. [and] Chauncey H. Peak, and William Brown, and two dollars on each share shall be paid at the time of subscribing. Books of subscription shall be open for two days and as much longer as the commissioners see fit, if one-fifth part of the stock is not subscribed for, the first two days. It shall be the duty of the commissioners to give notice of an election, to be held within thirty days after the Election. distribution of the said stock.

Sec. 8. The stock, property and affairs of the said corporation shall be managed by five directors, who shall hold their offices until others are chosen. The regular day of election (after the first elec. tion) shall be the first Monday in June, annually, but said corporation shall not be dissolved for the neglect in omitting to hold a regular election, but the president may appoint some other day.

Sec. 9. The board of directors when elected shall choose a President, from their own number, who shall be sworn by one of Shall shoose ? the directors. He will then administer a similar oath to the other secretary. directors. The directors shall choose a Secretary, who shall give bonds for the faithful discharge of his duties. The office of said company shall be kept in the town of Milwaukee. Policies of insurance shall be signed by the President and Secretary and shall be obligatory upon the said corporation, without the seal of the corporation being affixed thereto.

Sec. 10. That in case of any loss or losses taking place, which Private property shall be equal to the amount of the capital stock of said company, directors whicn and the president and directors after knowing of such loss or losses having taken place, shall subscribe to any policy of insurance, their estates, jointly and severally, shall be accountable for any and every loss which shall take place under policies so subscribed, and that all monies received on deposite, if in bills, notes or other evidences of debt, issued by any banker, bank or other corporation, and loaned by the company hereby chartered, shall be endorsed by the President of said company with the corporate name thereof, and shall be redeemed at their usual place of business, in gold or silver on demand, if such banker, bank or other corporation shall fail.

Approved, February 28, 1839.

holden for losses

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