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In case of a stay of execu tion.;

States, was recovered the

day of

before the undersigned, one of the justices of the peace in and for said county, at the suit of These are therefore, in the name of the United States of Ameri ca, to command you to levy distress on the goods and chattels of the said (excepting such as the law exempts,) and make sale thereof according to law in such cases made and provided, to the amount of said sums, together with thirty-seven and half cents for this exccution, and the same return to me within thir ty days.

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Where security has been given for stay of execution on the judgment against the principal and security:

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To the constable of - township in said county:
Whereas judgment against
for the sum

of and costs, lawful money of the United
States, was recovered the day of

18—,

be

fore the undersigned, a justice of the peace in and for the said county, at the suit of ——— And whereas on the day of in the year aforesaid, pay the said judgment with intermonths from the date of the

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became security to
est on the same, in
judgment aforesaid,
of which the said

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These are therefore in the name, &c. (as in common

form.)

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A WRIT OF ATTACHMENT.

TERRITORY,

county,

To the constable of

SS.

township in the said county: In the name of the United States of America you are commanded to attach C. D. by all and singular his goods, chattels, moneys, effects and credits, or so much thereof as shall be sufficient to satisfy the sum of→→ (the sum sworn to,) with interests and costs of suit, in whosesoever hands or possession the same may be found in your township, and so provide that the goods and

chattels so attached, may be to further proceedings thereon, as the law requires; and also the said C. D. if to be found, to be and appear before me at my office, in the town (or township) of

on the day of 18- to answer unto plaintiff; and also that you summon as garnishees all such persons found in your township as may be directed by the plaintiff or his agent, to appear before the said justice at the time and place aforesaid, to answer interrogatories as the justice may propound, and have you then there this writ.

Given under my hand this

Approved January 17, 1838.

day of

18-.

O. P., justice.

No. 59.

AN ACT to incorporate the stockholders of the bank of Wiseonsin, at Prairie du Chien.

subscribing for

ing the same.

SECTION 1. Be it enacted by the council and house of Capital stock, representatives of the territory of Wisconsin, Thet a bank and mode of shall be established in the township of St. Anthony, in and apportionthe village of St. Friole and county of Crawford, the capital stock whereof shall be one hundred and fifty thousand dollars, to be divided into shares of one hundred dollars each, and that the books of subscription towards said stock, shall, on the first Tuesday in June next, be opened at Prairie du Chien, under the superintendence of James H. Lockwood, Hercules S. Dousman, Jean Rrunet, Alexander McGregor, Thomas P. Brunet, Joseph Rolette, and Levi R. Marsh, who are hereby appointed commissioners to receive the subscriptions to the said capital stock, who shall be the first directors, and are authorized to elect their president from their own number, and to conduct every operation of the institution until the first election for directors and president shall take place. And they shall give at least thirty days notice of the time and place of opening said subscriptions, in one or more newspapers printed in the territory. And the books for receiving subscriptions aforesaid shall continue open for

How paid in.

Name, duration

six days, and until the whole number of shares are
subscribed; and if the subscriptions to the said capital
stock shall within six days after the same are opened
exceed the amount authorized by this section, it shall
be the duty of the directors to deduct such excess in a
proportional manner from the largest number of shares
subscribed in such a manner that each
person subscrib
ing, who is a citizen of this territory, be entitled to at
least five shares if he subscribe so many.

SECTION 2. That one sixth of the amount of each share shall be paid to the directors in specie at the time of subscribing, and the balance shall be paid in such instalments and at such times as the directors for the time being may require: provided, that whenever the payment of an instalment is required by the directors they shall give at least sixty days' notice thereof in some newspaper published in the territory, but no one instalment shall exceed one sixth the amount of each share. And in case any stockholder shall fail to pay in any or either instalment at the time when the same shall be so called for and directed to be paid, the share or shares upon which such instalment shall be so called for and unpaid at the end of the said sixty days and whole amount previously paid thereon shall be absolutely forfeited to the other stockholders of said bank.

SECTION 3. That all such persons as shall become and powers of stockholders of said bank shall be and they are hereby ordained, constituted and declared to be until the first day of May, which will be in the year of our Lord one thousand eight hundred and fifty-eight, a body corporate and politic, in fact and in name, by the name of "the president, directors and company of the state bank of Wisconsin," and by that name they and their successors shall and may have continual succession during the time aforesaid, and shall be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all courts and places whatever, 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 pleasure, and they and their successors by the name of the president, directors and company of the state bank of Wisconsin shall be

in law capable of purchasing, holding and conveying
any estate, real or personal, for the use of the said cor-
poration: provided, it shall not be lawful for said corpo- Proviso.
ration to hold real estate for an amount exceeding one
tenth part of the capital stock actually paid in, ex-
cepting however the banking house and lot necessarily
appertaining thereto.

SECTION 4. That the stock, property, affairs and Directors.
concerns of the said corporation shall be managed and
conducted by seven directors. The said directors shall
be residents and citizens of this territory, one of whom
shall be president, who shall hold their offices for one
year, and until others are chosen, and be stockholders,

and shall be elected on the first Tuesday of June an- Their election nually, at the banking house of said stockholders, and powers. And public notice shall be given in some newspaper printed in the territory, at least sixty days previous to the day of holding such election, and the said election shall be held by such of the stockholders of the said bank as shall attend for that purpose either by person or proxy, and a plurality of votes shall be sufficient for a choice. And if it should happen at any election In case of a tie. that two or more persons should have an equal number of votes, then the directors in office at the time of such election or a majority of them, shall proceed to ballot and by a plurality of votes determine which of the said persons so having an equal number of votes shall be the director or directors, so as to complete the whole number of seven; and the said directors chosen at such elections as soon as may be thereafter shall proceed in like manner to elect one of their number to be president, and if any director shall cease to be a stockholder his office shall be considered vacant, and whenever any vacancy shall happen among the directors by death, resignation, removal or otherwise, such vacancy shall be filled for the remainder of the year in which the same shall happen by such person or persons as the remainder of the directors for the time being or a majority of them shall appoint.

SECTION 5. That in case it shall happen that an May be chosen election of directors shall not be made on any day on a future day. when pursuant to this act it ought to have been done, the said corporation shall not for that cause be deemed to be dissolved, but it shall and may be lawful on any other day to hold and make an election of directors in

May make rules, &c.

Appoint of ficers, &c.

such manner as shall have been regulated by the laws and ordinances of said corporation."

SECTION 6. That the directors for the time being, or a majority of them, shall have power to make and prescribe such by-laws, rules and regulations as to them shall appear needful and proper, touching the management and disposition of the stock, property, estate and effects of said corporation, the duties and conduct of the officers, clerks and servants employed therein, the election of the directors, and all such other matters as shall appertain to the business of the bank, and shall also have power to appoint so many officers, clerks and servants for carrying on the said business, and with such salaries and allowances as to them shall seem meet: provided, that such by-laws, rules and regulations be not repugnant to the constitution or laws of the United States or the laws of the territory, and it shall be the duty of the president and cashier, whenever thereunto required, to furnish to the legisla tive assembly a statement, under oath or affirmation, of the condition of the bank, stating the amount of deposStatement to be its, the profits on hand, the amount of bills in circulation, the amount of debts due from directors, the amount due from stockholders, the amount of debts due from all other persons or corporations, not however naming them, the amount of specie in bank, the amount of all bills of other banks, the amount of their deposits in other banks, the amount of their real estate and other property not therein specified, the amount of capital actually paid in, and shall contain a true ex

furnished.

Limitation of

liability to be incurred.

hibit of the real state of said bank.

SECTION 7. That the total amount of debts which the said corporation shall at any time owe either by bond, bill, note or other contract, over and above the specie then actually in the bank, shall not exceed twice the amount of capital stock subscribed and actually paid in to the said bank; and in case of such excess, the directors under whose administration it shall happen shall be liable for the same in their separate and private capacities; but this shall not be construed to exempt the said corporation or any estate, real or personal which they may hold as a body corporate from also being liable for or chargeable with such excess. But such of the directors as may have been absent or opposed to the measures when the

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