Chap. 26. An act authorizing and requiring the State Treasurer to credit the county of Dane the sum therein named. THE People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. The state treasurer is hereby authorized and required to credit the county of Dane on the state tax charged to said county for the year eighteen hundred and forty-eight, with the sum of one hundred and twenty-six dollars, being the amount of tax on the sum of twenty-eight thousand dollars, which sum, over and above the true amount of the assessed value of the taxable property of said county for the year eighteen hundred and forty-eight, was erroneously returned to the secretary of state, by the clerk of the board of supervisors of said county of Dane. MOSES M. STRONG, Speaker of the Assembly, SAMUEL W. BEALL, Lt. Governor and President of the Senate, Approved, January 29, 1850. NELSON DEWEY. Chap. 27. shall permit An act on the subject of Canada Thistles. THE People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. No person or persons residing upon or occupying No person any land within this state, either as owner, lessee, or otherwise for Thistles to go purposes of cultivation, shall knowingly permit or allow the weed known as "Canada Thistle," to go to seed on such land, under the pains and penalties prescribed in the following section: to seed. Guilty of mis. demeanor. Justices have jurisdiction. SEC. 2. Any person or persons violating the provisions of the preceding section, shall be deemed guilty of a misdemeanor, and shall on conviction thereof be punished by a fine not exceeding five nor less than one dollar. SEC. 3. Justices of the Peace shall have jurisdiction within their respective counties of all violations of the provisions of this act, and it shall be competent for any person to complain of and prosecute any person or persons violating the same. MOSES M. STRONG, Speaker of the Assembly, SAMUEL W. BEALL, Lt. Governor and President of the Senate: Approved January 29th, 1850. NELSON DEWEY. An act to provide for re-printing an act entitled an act to incorporate the Mil- Chap. 29. waukee Mutual Fire Insurance Company, approved December 27, 1837. THE People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. Whereas, copies of the act entitled "an act to in- Preamble. corporate the Milwaukee Mutual Fire Insurance Company" are difficult to be obtained, and it is desirable to have other copies in print, duly authenticated for public use, the secretary of state is hereby directed to cause to be printed with the session laws of the year 1850, the said act, which is in the following words and figures: An act to incorporate the Milwaukee Mutual Fire Insurance Company. SECTION 1. Be it enacted by the Council and House of Representatives of the Territory of Wisconsin: That George D. Names of corDousman, William Brown, John Y. Smith, Allen O. T. Breed, porators. Horace Chase, Brazilla Douglass, Enoch Chase, James Sanderson, John Ogden, David S. Hollister, Luther Childs, Sylvester W. Dunbar, Jeremiah Zander, Joseph Sherwood, Hubbell Loomis, Lewis J. Higby, William Payne, Allen W. Hatch, Asa Kinney, Henry Miller, James B. Miller, Solomon Juneau, William M. Dennis, H. Higgins, George W. Willard, Elisha Starr, A. Sidney Hosmer, John Gall, Henry Williams, Hans Crocker, William N. Gardner, J. K. Lowry, G. S. Willis, Joshua Hathaway, Jr., Albert Fowler, Philander Bird, Thomas J. Noyes, Benjamin H. Egerton, James Rogers, Jacob M. Rogers, William Shor, Samuel Hinman, Benona W. Finch, Enoch Darling, Silas Juneau, J. Fowler, Jr., George Reed, Andrew J. Vieau, Jared F. Ostrander, L. Blanchard, William R. Longstreet, Charles W. Leland, Ira Stewart, William P. Proudfit, Byron Kilbourn, S. W. Cowles, Henry M. Hubbard, Thomas Sanburn, Chauncey H. Peck, Samuel Brown, Morris Pixley, A. Foster, Daniel H. Richards, William Nobles, Paul Burdick, David Curtis, William A. Prentiss, William Gorham, I. A. Lapham, Owen Aldrich, Cyrus Hawley, P. W. Leland, Augustus Peters, C. D. Fitz, Levi Vail, Samuel Sanburn, Sylvester Pettibone, N. F. Hyer, John P. Hilton, Jonathan E. Arnold, L. I. Barber, Philip Schuyler, George J. Goodhue, Robert Masters, John Mandeville, Thomas Brayton, William Holmes, William A. Kellogg, William P. Cully, Pleasant Field, A. F. Pratt, Charles P. Everts, T. C. Dousman, William A. Webber, Hugh Wedge, Byron Giroin, James Ross, William Burdick, S. Evans, H. H. Brannon, John W. Pixley, George S. West, Alfred Orendorff, George Bowman, and their associates, and all such persons as shall hereafter have property insured by said company, shall be and hereby are ordained, constituted, and declared to be a Objects of inbody corporate and politic in fact and in name, by the name of corporation. the Milwaukee Mutual Fire Insurance Company, for the purpose of insuring their respective dwelling houses, stores, shops, and other buildings, household furniture and merchandize, against loss or damage by five. And the said company or corporation shall Who to be members. be conform to the requisites of this act as hereinafter described SEC. 2. Every person who shall at any time become interested in said company by insuring therein, and also his heirs, executors, administrators, and assigns continuing to be insured therein, as hereinafter mentioned, shall be deemed and taken to be members thereof, for and during the terms specified in their respective policies and no longer, and shall at all times be concluded and bound by the provisions of this act; and the property and concerns of said corporation shall be managed and conducted by a board of thirteen directors: and that George D. Dousman, Henry Miller, Allen W. Hatch, L. J. Higby, B. H. Egerton, David S. Hollister, First directors. Jeremiah Zander, Luther Childs, James Sanderson, Chauncey H. Peck, Henry M. Hubbard, William P. Proudfit, and Samuel Hinman, shall be the first directors of said corporation, and shall continue in office for the period of one year, and until others may Term of office. chosen, and no longer, which directors shall be elected on the first Monday in January in each year, at such time and place at Milwaukee, in the county of Milwaukee, as the board of directors for the time being shall appoint, of which election public notice shall be given, in one of the newspapers printed in said county or terElection, &c. ritory, and by posting a notice in at least three public places in said village of Milwaukee, at least thirty days previous to said election. And it shall be the duty of the acting president of the said board to cause all notices to be given according to the provisions of this act, under the penalty of such fine as the board at its next sitting, shall adjudge best. No election held at the time provided in this Informal elec- act shall be void or illegal by the neglect of the proper notice, and tion not ille- such election shall be holden under the inspection of three members not being directors, to be appointed previous to every election by the board of directors, and such election shall be made by ballot and by a plurality of the votes of the members present or their proxies allowing to each member one vote. President to give notice. gal. Directors to choose a president Member to de mium note & c. SEC. 3. The directors hereinafter named shall as soon as may be after the passage of this act, and the directors to be chosen at such annual election shall as soon as may be thereafter, proceed to choose out of their number, one person to be president, and in case of the death, resignation, or inability to serve of the president or any director of said corporation, such vacancy may be filled for the remainder of the year by the board of directors; and in case of the absence of the president, the board of directors shall have pow er to appoint a president pro tem., who shall have and exercise such powers and functions as the by-laws of the said corporation. may provide. SEC. 4. Every person who shall become a member of said company by effecting insurance therein, before he receives his policy shall deposite his premium note for such a sum of money as posite a pre shall be determined by the directors; a part not exceeding seven per cent. of said note, shall be paid on deposite; and the remainder of said deposit note shall be payable in part, or the whole, at any time when the directors shall deem the same requisite, for the payment of losses by fire, and such incidental expenses as shall be make loans. necessary for transacting the business of said corporation; and at mount of the deposite note. SEC. 5. And said company shall have a lien in the nature of judgment, waiving the right of inquisition, upon all the said prop- Lien for aerty of the insured, to the amount of his deposite note, or so much thereof as may be unpaid, which shall continue until the amount of such note, with interest and costs of execution, if any shall have been paid or satisfied according to the provisions of this act: Provided, Said corporation shall file in the office of the register of deeds, of the county wherein such real estate shall lie, a memo- Proviso, randum of the name of the individual insured, a description of the property, the amount of the deposite note unpaid, and the term for which the insurance shall continue. And the register with whom the same shall be filed, is hereby required to enter the same at large upon his judgment records, and the same when so entered shall be deemed, and taken to be in all respects as a judgment entered upon confession by virtue of a warrant of attorney, and execution may at any time be had thereof for so much as by virtue of this act may be due and demandable, but the lein thereof shall commence with the filing of such memorandum, in the office of the register aforesaid. Policies &c. to SEC. 6. The policies of insurance and other contracts founded be binding. thereon, hereafter to be made or entered into by said corporation though not under seal, if subscribed by the president or in case of his absence, resignation, or inabilty to act, by such officer or officers, person or persons as may be for the purpose authorized by the act of incorporation, or the by-laws of the said corporation, countersigned by the secretary; shall be binding and obligatory upon the said corporation, and shall have the like effect to all intents and purposes, as if the seal of said corporation had been, or was affixed thereto. And further, all such policies or contracts, may be so signed or attested, and all other business of the said corporation may be conducted and carried on by committees, or otherwise, without the presence of the board of directors, and shall be binding and obligatory on the said corporation, if the same shall be done under or in conformity to the by-laws and ordainances of the said corporation. SEC. 7. In case any person or persons insured named in any policy or contract of insurance made by the corporation hereby created, shall sell and convey or assign the subject insured, during Polices trans ferrable. 1 Proviso. Certain suits may be brought. estate. the period of time for which it is insured, it shall be lawful for such insured to assign and deliver to the purchaser or purchasers, such policy or contracts of insurance, and such assignee or assignees shall have all the benefits of such policy or contracts of insurance; and may bring and maintain a suit thereon, in his, her, or their own name or names: Provided, That before any loss happens, he, she, or they shall obtain the consent in writing of the said corporation to such assignment, and have the same endorsed on or annexed to the said policy of insurance as matter of right. SEC. 8. Suits at law may be maintained by said corporation, against any of its members for the collection of the said deposite notes; or for any cause relating to the business of the said corporation, or against any person for moneys due said corporation, or for injury done to their corporate property, books, or papers, or for causing the destruction by fire of any property by them insured, May hold real and for no other And it shall be lawful for the said corporation to take and hold any real estate, bona fide mortgaged or pledged to said corporation, by way of security for the payment of any debt which may he contracted with the said corporation, but said corporation shall not hold any property except what may be absolutely necessary for the transaction of their corporate busiInterest as a ness; and all real estate purchased by said company for the purcorporator no pose of collecting or securing debts shall escheat to the territory or disqualification state, as the case may be, unless the same shall have been sold and to give testi- disposed of and passed bona fide from the possession and ownership of the said corporation within six years next succeeding such purchase; also suits at law may be maintained against said corporation by any member thereof, for losses or damage by fire if payment is withheld more than three months after the company is duly notified of such loss, and no member not being in his individual capacity interested shall be incompetent as a witness in any such case as the aforesaid, on account of his being a member of said corporation. mony. Directors to assess and col. SEC. 9. The directors shall after receiving notice of any loss or damage by fire sustained on property insured by said corporation, lect, to pass and ascertaining the same, or after the rendition of any judgment for losses, & c. as aforesaid against said company for loss or damage, settle and determine the sums to be paid by the several members thereof, as their respective proportions of such loss, and publish the same as they may see fit, or in such manner as their by-laws shall have prescribed, and the same to be paid by each member, shall always be in proportion to the original amount of his deposite note or notes, and shall be paid to the treasurer within thirty days next after the publication of said notices, and if any member shall for the space of thirty days after the publication of said notices neglect or refuse to pay the sums assessed to him, as his proportion of the loss aforesaid, in such case the directors may sue for and recover the whole amount of his deposite notes or note, with costs of suit, or may have execution for the whole amount as provided in the fifth section of this act, and the amount thus collected shall remain in the |