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Chap. 26. An act author ng and requiring the State Treasurer to credit the county of

shall pay

THE People of the State of Wisconsin represented in Senate

anil Assembly, do enact us follows: Treasuror SECTION 1. The state treasurer is hereby authorized and re

quired to credit the county of Dane on the state tax charged to said Dano county. 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 sụm 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.


Speaker of the Assembly,

Lt. Governor and President of the Senate,
Approved, January 29, 1850.


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sử Chap. 27.

An act on the sowject of Canada Thistles.

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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 shall permit 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 to seeds

known as “ Canada Thistle," to go to seed on such land, under the

pains and penalties prescribed in the following section : Guilty of mis. Sec. 2. Any person or persons violating the provisions of the demeanor.

preceding section, shall be deemed guilty of a misdemeanor, and shall on conviction thereoî be punished by a fine not exceeding five

nor less than one dollar. Justices have Sec. 3. Justices of the Peace shall have jurisdiction within jurisdiction. 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.


Speaker of the Assembly,

Lt. Governor and President of the Senate:
Approved January 29th, 1850.


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An act to provide for re-printing an act entitled an act to incorporate the M- 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 tó 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 0. 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 Hioman, 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. Proudit, 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. Goethue, 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 hercaster have property insured by said company, shall be and hereby are ordained, constituted, and declared to be a Objects of ittbody 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

sonform to the requisites of this act as frereinafter described.

Sec. 2. Every person who shall at any time become interesWho to be ted in said company by insuring therein, and also his heirs, execumembers.

tors, administrators, and assigns continuing to be insured therein,
as hereinafter mentioned, shall be deemed and taken to be mem-
bers 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 Hin-
man, shall be the first directors of said corporation, and shall con.

tinue in office for the period of one year, and until others may be 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 Mil-
waukee, 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 President to

cause all notices to be given according to the provisions of this give notice.

act, under the penalty of such fine as the board at ils 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 hoiden under the inspection of three memgal.

bers not being directors, to be appointed previous to every election:
by the board of directors, and such election shall be made by bal-
lot and by a plurality of the votes of the members present or their
proxies allowing to eac's member one vote.

Sec. 3. The directors hereinafter named shall as soon as may
Directors to
choose a pres

be after the passage of this act, and the directors to be chosen at ident.

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 powo
er to appoinťa 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 polMember to de- icy shall deposite his premium note for such a sum of money as posite a preo, shall be determined by the directors; a part not exceeding seven mium note &c.

per cent. of said note, shall be paid on deposite ; and the remain-
der 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

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necessary for transaeting the business of said corporation; and at the expiration of the term of insurance, the said note or such part of the same as shall remain unpaid after deducting all losses, and expenses during the term shall be relinquished and given up to the maker thereof. And it shall be lawful for said company to loan Lawful to

make loan. such portion of their money on hand as shall not be wanted immediately for the purposes of said corporation, 10 be secured by bond and mortgage on real estate of double the value of the sum loaned, above all incumbrances for a term of time, not exceeding one year, the interest to be paid half yearly, and in default of such payment, the principal as well as interest, to become immediately due and collected.

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 a:


mount of tho erty of the insured, to the amount of his deposite note, or so much

deposito note. 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

Polices trust policy or contract of insurance made by the corporation hereby ceeable

. created, shall sell and convey or assign the subject insured, during

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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 contracis 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 corporaProvino. tion 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 corporaCertain suits

tion, or against any person for moneys due said corporation, or for brought. 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 cause. 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 be 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 ownermony.

ship of the said corporation within six years next succeeding such
purchase; also suits at law may be maintained against said corpor-
ation by any member thereof, for losses or damage by fire if pay-
ment 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 cor-

Sec. 9. The directors shall after receiving notice of any loss
Directors to

or damage by fire sustained on property insured by said corporation, assess and collect, to pass

and ascertaining the same, or after the rendition of any judgment for lossen, & c. as aforesaid against said company for loss or damage, settle and de

termine 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 pre-
scribed, 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 afore-
said, 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 sec-
tion of this act, and the amount thus collected shall remain in the

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