Charles Lord the sum of fifty dollars for his services of chaplain during the present session of the legislature, in full, out of any money in the treasury not otherwise appropriated: Provided, That no more than fifty dollars shall be paid the said Lord for his services as chaplain for the year 1850. MOSES M. STRONG, Speaker of the Assembly, SAMUEL W. BEALL, Lt. Governor, and President of the Senate. Approved, February 9, 1850. NELSON DEWEY. Chap 245 An act to appropriate to Fratney & Hertzberg the sum therein named. Fratney and Chap 245 Delaney and THE People of the State of Wisconsin represented in Senate and Assembly do enact as follows: SECTION 1. There is hereby appropriated to Fratney & Hertzberg, of the city of Milwaukee, the sum of forty-five dollars and forty-five cents, in full for translating and printing five hundred copies of the governor's message in the German language, MOSES M. STRONG, Speaker of the Assembly, SAMUEL W. BEALL, Lt. Governor, and President of the Senate. Approved, February 9, 1850. NELSON DEWEY. An act to appropriate to Delaney and Wright the sum therein named. THE People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: 66 SECTION 1. There is hereby appropriated to Delaney & Wright the sum of five dollars and fifty cents in full for one hundred and ten copies of The Telegraph," published at Shullsburg, and furnished to members of the legislature at the present session, out of any moneys in the state treasury not otherwise appropriated. MOSES M. STRONG, Speaker of the Assembly. SAMUEL W. BEALL, Lt. Governor and President of the Senate. Approved February 9, 1850. NELSON DEWEY. Chap 247 Bunner and afford. An act to appropriate to Bunner & Stafford the sum therein named. THE People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. There is hereby appropriated to be paid out of any money in the state treasury not otherwise appropriated, to Bunner & Stafford the sum of thirty-six dollars, in full for six hundred copies of the Racine Advocate furnished members of the present legislature. MOSES M. STRONG, Speaker of the Assembly, SAMUEL W. BEALL, Lt. Governor, and President of the Senate. Approved, February 9, 1850. NELSON DEWEY. An act to pay the several persons the sums therein named. THE People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: Chap 248 SECTION 1. That there is hereby appropriated to William R. W. R. Smith Smith and William Hull, each the sum of fifty dollars for prepar- & W. Hull. ing the journals of the senate and assembly of the present ses sion for publication. SEC. 2. To Alfred Johnson the sum of fifty dollars in pay A. Johnson. ment for writing done for the legislature at its present session. SEC. 3. There is hereby appropriated to the chief clerk of the Chief clerk. assembly the sum of thirty dollars to pay for enrolling bills during the present session. SEC. 4. That there is hereby appropriated, to be paid out of D. N. Johnson any funds in the state treasury, to D. N. Johnson the sum of fif ty-one dollars, for services as assistant clerk of the assembly and enrolling clerk of the senate, and for extra writing done for the present legislature. MOSES M. STRONG, Speaker of the Assembly.. SAMUEL W. BEALL, Lt. Governor and President of the Senate, Approved, February 9, 1850. NELSON DEWEY. An aet to direct in what manner and in what courts suits may be brought Chap 249 against the state. THE People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. That hereafter it shall be competent for any per- How claimson or persons, deeming him. her, or themselves, or any body pol- ants to proceed itic, deeming itself aggrieved by the refusal of the legislature to allow any just claim against the state, to exhibit and file a petition in the nature of a bill in chancery, setting forth fully and particularly the nature of such claim with the clerk of the supreme court, either in term time or vacation. SEC. 2. At the time of filing such petition or bill, the com- Complainant file bond, &c. plaiuant shall also file a bond, running to the state treasurer, with Awo or more sufficient sureties. to be approved by the state treasurer, in the penal sum of five hundred dollars, conditioned to indemnify the state against all costs that may accrue in said cause, and to forthwith pay, or cause to be paid to the clerk of said court, all costs, in case he (complainant) shall fail to prosecute his suit, or to obtain a judgment or decree against the state, and the cause shall then be placed upon the calender. eral. To file copy of SEC. 3. The said complainant, within ten days after having petition with filed said petition or bill, and said bond, shall serve a true copy of attorney gen the said petition or bill upon the attorney general of the state, together with a rule to plead, answer, or demur, within a period of time not less thirty days from the time of such service; and the attorney general shall thereupon be required to plead, answer, or demur, within the time expressed in such rule. Supreme court SEC. 4. The supreme court shall, in its order, proceed to hear to determine and determine said cause, as the law and very rights of the case cause, &c. may require. and in the progress of said cause, if an issue of fact shall be made up, and the supreme court shall be satisfied that it shall be necessary to have the same tried and determined by a jury, they shall certify the same to any one of the circuit courts in any county in the state, and the said circuit court shall proceed at its next regular term, to try by jury, as in other causes; the said question of fact, subject to the laws, rules and regulations of said court, and the verdict rendered by the jury shall be sealed up and returned immediately to the clerk of the supreme court; and thereupon the supreme court, shall in their discretion, enter judg ment or decree thereon, or certify (for cause shown) the same question or questions of fact back to the same or any other circuit court, to be re-tried, who shall try, certify and return the same in manner as hereinbefore provided, and the decree or judgment rendered in the supreme court, shall be conclusive and final, and the supreme court may grant a new trial of any issue of fact as often as they shall be satisfied there is good cause therefor. Judgment vs. SEC. 5. No judgment or decree rendered as aforesaid, against state to be paid the state, shall be paid without an appropriation properly made by by appropria the legislature, and no execution shall ever be issued against the state upon such judgment or decree. tion. MOSES M. STRONG, Speaker of the Assembly, SAMUEL W. BEALL, Lt. Governor and President of the Senate. Approved February 9, 1850. NELSON DEWEY. An act to provide for the payment of the traveling expenses of the State Su- Chap 250 perintendent. THE People of the State of Wisconsin represented in Senate and Assembly do enact as follows: SECTION 1. The sum of four hundred and fourteen dollars and State superinseventy-five cents is hereby appropriated to pay the traveling ex- tendent. penses of the state superintendent of public instruction for the year ending December 31, 1849, which sum shall be paid out of the state treasury. Approved, February 9, 1850. NELSON DEWEY. An act repealing section eight of chapter one hundred and twenty-five of the Chap 251 Revised Statutes, concerning writs of mandamus and prohibition. THE People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. That the seventh section of chapter one hundred Amendment to and twenty-five of the Revised Statutes, be amended, so that in- Rev. Statutes. stead of the fine which by the said seventh section the court is authorized to impose, the court shall be authorized to impose a fine to be paid to the state treasurer, not exceeding five thousand dollars upon every such officer or member of such body or board, and to sentence to imprisonment in any jail in this state, for a term of time, not exceeding five years, every such officer or member of such body or board, or either of said penalties in the dis cretion of the court. SEC. 2. Section eight of said chapter one hundred and twentyfive, is hereby repealed. MOSES M. STRONG, Speaker of the Assembly, SAMUEL W. BEALL, Lt. Governor and President of the Senate. Approved February 9, 1850. NELSON DEWEY. An act to change the name of the town and village of Arcade in the county Chap 252 of Marquette. THE People of the State of Wisconsin represented in Sen ate and Assembly, do enact as follows: SECTION 1. The name of the town of Arcade in the county Arcade changof Marquette, is hereby changed to Brooklyn, by which name it ed to Brooklyn shall hereafter be known in all places whatsoever. Arcade chang. SEC. 2. The name of the village of Arcade in the county of ed to Dartford. Marquette, is hereby changed to Dartford, by which name it shall hereafter be known in all places whatsoever. SEC. 3. This act shall take effect and be in force from and after passage. MOSES M. STRONG, Speaker of the Assembly. SAMUEL W. BEALL, Lt. Governor, and President of the Senate. Chap 253 E. B. Dean, jr. Approved, February, 9, 1850. NELSON DEWEY. An act to pay E. B. Dean, Jr., the sum therein named. THE People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. There is hereby appropriated to E. B. Dean, Jr., the sum of five hundred and seventy dollars, in full for principal and nine years interest on territorial scrip, issued February 13th, 1841, by an act to provide for the payment of expenses of the legislative assembly, to wit: numbers twenty-one, twenty-two, twenty-three, twenty-four, twenty-six and twenty-eight, to be paid out of any fund in the state treasury not otherwise appropriated: Provided, That only that sum shall be paid out of the treasury for any such purpose to the said Dean. MOSES M. STRONG, Speaker of the Assembly. SAMUEL W. BEALL, Lt. Governor and President of the Senate. Approved February 9, 1850. NELSON DEWEY. Chap 254 A. Mitchell An act to appropriate to Alexander Mitchell the sum therein named. THE People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. There is hereby appropriated to be paid out of any money in the treasury not otherwise appropriated, to Alexander Mitchell the sum of one hundred and sixty-five dollars, in full for territorial scrip numbered 184, 186, 185, 928 and 464. MOSES M. STRONG, Speaker of the Assembly. SAMUEL W. BEALL, Lt. Governor and President of the Senate. Approved February 9, 1850. NELSON DEWEY. |