sheriff or constable of the county in which such writ shall issue, to attach such raft, flat-boat, scow or other water craft, or other property of such persons, which property when so attached shall be subject to all provisions of law in relation to property attached in other cases; and the said justice of the peace shall proceed to hear, try, and determine such writ so commenced by attachment and issue execution therein, in the same manner as is provided by law for the hearing, trying, and determining of other suits commenced by attachment before justices of the peace and issuing execution thereon.

FREDERICK W. HORN,

Speaker of the Assembly. DUNCAN C. REED,

President pro tempore of the Senate.

Approved, February 18th, 1851.

Chap. 89.

NELLON DEWEY.

An Act to amend chapter one hundred and twelve of the Revised Statutes relative to proceedings in Attachment.

The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows:

SECTION 1. In all actions at law now pending in any court or which shall be hereafter commenced by any person, in which Defendant may a writ of attachment shall be issued in pursuance of said chapstate- ter one hundred and twelve (112) it shall be competent for the

traverse ments.

Plaintiff to prove.

Decision and costs.

defendant in such writ of attachment, by plea or answer to deny the existence at the time of making the affidavit required to be annexed to the writ of any one or more of the material facts which shall be stated in the affidavit, whether such fact be stated upon the knowledge or belief of the deponent or otherwise.

SEC. 2. The affirmative of such issue raised by said plea or answer of defendant shall be upon the plaintiff in the attachment and it shall be incumbent upon the said plaintiff to prove the statements or facts so traversed, and the trial of such issue shall be by the court in all cases.

SEC. 3. If the court shall find that the statements made by plaintiff in his affidavit are proven, the costs of such issue shall be paid by the defendant, and the suit shall thereafter proceed as if no issue had been made on the affidavit; but if the court shall find for the defendant on such issue, the property attached shall be released, and upon payment of costs of the issue by the plaintiff within twenty-four hours thereafter, he shall be permitted to proceed in his suit as in ordinary cases commenced by summons or declaration, and the said defendant shall appear and defend the said suit thereafter as in ordinary cases, or be liable to have his default entered for non-appearance.

SEC. 4. If the court shall find for the defendant on such issue provided for by the first section of this act, the same proceedings shall thereupon be had as is provided by the 28th section of the act of which this act is amendatory, before the plaintiff shall be permitted further to proceed with said suit.

SEC. 5. The traverse of such statements in plaintiff's affidavit may be made at any time before issue is joined in the suit upon the merits of plaintiff's claim or demand.

SEC. 6. All acts and parts of acts contraveneing the provisions of this act are hereby repealed.

FREDERICK W. HORN,

Speaker of the Assembly.

DUNCAN C. REED,

President pro tempore of the Senate.

Approved, February 19th, 1851.

NELSON DEWEY.

An Act for the relief of the town of Depere in the County of Brown.

The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows:

Chap. 90..

SECTION 1. The Town Superintendent of schools of the town of Depere in the county of Brown is hereby authouised to divide said town into convenient School Districts at any time before the first Monday in April next by giving the necessary and proper notice for that purpose as is now required by law for subdividing a town into school districts in the first instance, vision. any law to the contrary notwithstanding.

District Subd

SEC. 2. That the Town Superintendent of schools of the Town of Depere in the county of Brown be and hereby is authorised and empowered to receive and distribute to the several school districts in said town, the full amount of school money school Moneys which would have been due to them had the said several distriets fully complied with the law regulating tha distribution of school moneys for the year ending on the first Monday of April next any law to the contrary notwithstanding.

FREDERICK W. HORN,

Speaker of the Assembly.

DUNCAN C. REED,

President pro tempore of the Senate.

Approved, February 19th, 1851.

NELSON DEWEY.

An Act to legalize the official acts of the Town Officers of the Town of Ellington, in

Brown County.

The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows:

SECTION 1. The Assessment roll of the Town of Elkington,

Chap. 91.

in the County of Brown, certified to by the Assessors of said town, on the first day of September, 1850, and the warrant of the Town Clerk of said town, for the collection of the taxes, to be collected therein, dated the 14th day of December, 1850, are hereby declared valid in law, to all intents and purposes.

SEC. 2. The official acts of John P. Rynders, the Town Treasurer of said town, in the collection of taxes therein by virActs confirmed. tue of the warrant mentioned in the first section of this act, are hereby declared valid in law to all intents and purposes as they would have been if the said treasurer had strictly complied with the law in executing and filling his oath of office and official bond, and as they would have been if the Assessors and Town Clerk of said town had strictly complied with the law in the discharge of their official duties.

Chap. 92.

SEC. 3. The time for the collection of taxes in said town is hereby extended to the 20th day of March, 1851, and the said treasurer is hereby authorized to levy and collect the taxes now due from delinquents, when the delinquents have personal property, as now provided by law.

SEC. 4. This act shall take effect from and after its.pas
FREDERICK W. HORN,

sage.

Speaker of the Assembly,

SAMUEL W. BEALL,

Lt. Governor and President of the Senate.

Approved, February 20th, 1851.

NELSON DEWEY.

An Act to provide for the organization of Electric Telegraph Companies.

The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

SECTION. 1. Any three or more persons desirous of forming a corporation for the purpose of building and working lines of Electric Telegraph, may sign and acknowledge before some of ficer authorized to take the acknowledgment of deeds, a certifi..... Preliminaries cate in writing, in which shall be stated the name of such corporation, and the general route on which such Telegraph line is designed to be constructed, the capital stock of such corporation, the terms of its existence, which shall not exceed thirty years, the number of shares of which said stock shall consist, the number of directors, and their names, who shall manage the concerns of the corporation the first year.

SEC. 2. Such certificate shall be filed in the office of the register of deeds in the county where the books of the corporation are kept. and a duplicate thereof shall be filed in the office of the secretary of state.

SEC. 3. When such certificate shall have been filed as afore said, the persons who shall have signed and acknowledged the

era

same, and their successors shall be a body politic and corporate, by the name stated in such certificate and by that name may have succession, and shall be capable of sueing and being sued, corporate Powand they may have a common seal, and may alter the same at pleasure, and they shall by their corporate name be capable of purchasing, holding and conveying any real and personal estate whatever, which may be necessary to enable the said corporation to establish convenient offices in the several towns. through which their line of telegraph may pass.

SEC. 4. The stock, property and concerns of such corpora tion shall be managed by a President, and not less than three, nor more than nine directors, including the President, who shall also be a director, and who shall respectively be stockholders in Management. such corporation, and who shall, except the first year, he annually elected by the stockholders, at such time and place as shall be directed by the by-laws of the corporation.

SEC 5. Public notice of the timo and place of holding such election shall be given, at least ten days previous thereto, by publication in such newspapers as shall be prescribed by the by-laws of the corporation.

rectors.

SEC. 6. All elections shall be by ballot, and each stockholder shall be entitled to one vote for each share held by him, and the person[s] receiving a majority of the votes shall be directors Election of DI for the ensuing year, and in case of the death, resignation or removal out of the State, the vacancy shall be filled as prescribed by the by-laws of the corporation. The directors when chosen shall elect one of their number President, who shall preside at all meetings of the board.

tions.

SEC. 7. In case it shall happen at any time that an election of directors shall not be made on the day fixed for such election by the by-laws of said corporation, the corporation for that reason shall not be dissolved, but it shall be lawful on any other special Elecday to hold an election for directors, as shall be provided for by the by-laws of said corporation, and all acts of directors shall be valid and binding, as against such corporation, until their successors shall be elected.

SEC 8. The directors shall have power to make and prescribe such by-laws, rules and regulations, respecting the management, control and disposition of the stock, property and business of such corporation, as they may deem expedient and proper, not inconsistent with the laws of the Uni- Power of Directed States or of this State, and shall have power to employ officers, clerks and servants for conducting and carrying on the business of the corporation, and determine the duties and the salaries and wages to be paid them.

SEC. 9. It shall be lawful for the directors to call in and de

tors.

mand from the stockholders, respectively, all sums of money by them subscribed, at such times, and in such payments or instalments as the directors may deem proper, and if any stockholder shall fail to pay the amount so required to be paid, and at the times required for such payments, the stock of such delinquent stockholder, or such portions thereof as may be required to meet such payments, may be sold by the directors at public auction, after giving public notice of the time and place of such sale, at least twenty days previous thereto, by publication of such notice in some newspaper in the county where such delinquent stockholder or subscriber resides, or by giving such Collection of delinquent stockholder or subscriber a written or printed notice Stock subscriptions. or leaving such written or printed notice at the usual place of business or residence of such stockholder or subscriber, at least twenty days before the time of sale, and the surplus arising from such sale of such stock over and above the amount due thereon, shall be paid by the directors to such delinquent stockholder or subscriber, and a transfer of the stock so sold, made by the directors or a majority of them in the name of the holder of the stock, shall vest a good and valid title thereto in the purchaser, or the said corporation may commence and prosecute in any court of competent jurisdiction, an action against any subscriber for stock in said corporation, and recover judgment for the amount due on his subscription, with costs and interest thereon from the (time) the same was required to be paid, and have execution therefor.

Stook, when transferable.

ity.

SEC. 10. The stock of such corporation shall be deemed personal estate, and be transferable in such manner as shall be prescribed by the by-laws of the corporation, but no share shall be transferable until the full amount of such share shall have been paid, or have been sold as provided for in the preceding section for non-payment of calls thereon; and it shall not be lawful for such corporation to use their funds in the purchase of stock in any other corporation.

SEC. 11. The stockholders of any corporation organized Personal liabil under the provisions of this act, shall be personally liable to the extent of their stock in such corporation for all debts which may be due and owing to their clerks, servants and laborers, for services performed for such corporation.

SEC. 12. All stockholders shall be individually liable to the extent of their stock in said corporations, for all other debts of such corporation, after the corporate property shall have been sold, and execution returned unsatisfied in whole or in part, but such stockholder shall not be liable for debts contracted after he shall have transferred his stock.

SEC. 13. No person holding stock in such corporation as