SEC. 19. This act shall be favorably construed to effect the purpose thereby intended; and the same is hereby declared to be a public act, and copies thereof printed by authority of the State of Wisconsin, shall be received as evidence thereof. wilful obstruo SEC. 20. Any person who shall wilfully and maliciously place any obstruction or thing upon the track of said road, or shall remove or damage any part thereof, in such a manner that the engines or cars may be impeded or thrown off the track, shall be deemed guilty of a misdemeanor, whether such acci-Penalties for dent shall take place or not, and shall be punished for every tions. such offence, by imprisonment in the state prison for a term of not less than one, nor more than five years, at the discretion of the court; and in case any damage shall result from the placing such obstruction or injury to said road, said party shall be liable to pay all such damage to said company, and to any other person damaged thereby, and in case any accident shall happen in consequence of placing such obstruction, or in consequence of breaking or injuring said road, whereby death may be produced, the party so offending shall be adjudged guilty of murder in the first degree, and shall be punished agreeable to the law in such cases made and provided. borrow money. SEC. 21. The said rail road company are hereby authorised and fully empowered in their corporate name and capacity to borrow any sum, or sums of money from any person or persons, corporations or body politic of any kind, and for any rate of interest which may be agreed upon by and between said company and any person or party of whom such money may be ob tained, and make and execute in their corporate name all neoessary writings, notes, bonds or other papers and make and ex- Company may ecute and deliver such securities in amount and kind as may be deemed expedient by said corporation, any law on the subject of usury in this state or any other state where such transactions may be made to the contrary notwithstanding; and the powers of said corporation, for the purposes aforesaid, and for all purposes necessary to carrying out the object of said com pany, namely: the construction of a railroad from the city of Milwaukee to Fond du Lac, with a branch of said road to Taychedah, are hereby ratified and confirmed, and the contracts and official acts of said company, declared binding in law and equity, upon said corporation and upon all other parties to such contracts. M SEC. 22. It shall be lawful for said company to purchase lands adjoining or adjacent to the railroad for the purpose of procuring earth, gravel, or other materials for embankments and structures necessary to the construction or repairs of said road, Power to parand whenever such lands shall be no longer needed for the pur chase Lards. Extension of terminus. Guaranties Resumption. poses aforesaid the said company are hereby authorised to sell and convey the same. SEC. 23. The said company are hereby authorised and empowered to extend, lay out, and continue the railroad at any time within five years from the passage of this act from the village of Fond du Lac in the county of Fond du Lac on the west side of Lake Winnebago and Fox River to Green Bay in the county of Brown: and whenever the said company shall decide to extend said railroad as aforesaid, they may increase the capital stock to two millions of dollars, which shall be subscribed in shares of like amount as the orignal stock and for that purpose may open anew their books or new books for the subscription of such additional stock and may appoint such agents to attend to the same as may be necessary for carrying out fully the provisions of this act. SEC. 24. The said company shall enjoy all the powers in locating, continuing and constructing said railroad, buildings and fixtures from Fond du Lac to Green Bay, as is provided for upon that portion of the road from Milwaukee to Fond du Lac and all powers, regulations, and restrictions and all authority granted to, and liabilities of said company shall not in any manner be abridged, extended, or altered by the increase of capitn! stock and extension of the road as aforesaid, except such alterations, extension and increase as is duly authorised. SEC. 25. In case of a violation by the company of any of the provisions of this act, the Legislature of the State of Wisconsin may resume all and singular the rights and privileges hereby granted to said company. SEC. 26. This act shall be in force from and after its pas sage. FREDERICK W. HORN, Speaker of the Assembly. SAMUEL W. BEALL, Lt. Governor and Prsident of the enate. Approved February 21st, 1851. NELSON DEWEY. Chap. 95. An Act to provide for the time of holding county courts in the county of Marathon. The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: SECTION 1. The term of the county court for the county of Marathon, shall commence on the first Monday in February, May, August and November of each year. SEO. 2. This act shall take effect from and after its passage. Speaker of the Assembly. SAMUEL W. BEALL, Lt. Governor and President of the Senate. Approved, February 21st, 1851. NELSON DEWEY. An Act to provide for the more speedy collection and payment of fines, forfeitures and Chap. 96. penalties remaining in the hands of Justices of the Peace. The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: Treasurers to SECTION 1. It shall be the duty of the Town Treasurers of each town in this State, on the first Monday in the months of July, October, January and April in each year to visit each Justice of the Peace in his town, and to demand and receive of and from said Justice of the Peace any and all moneys which collect moneys. may or shall have been received by such Justice of the Peace on account of any fines, forfeitures or penalties adjudged and collected by him against and from any individual or persons on account of any complaint or prosecution on the part of this State. Ο SEC. 2. The Town Treasurer shall be authorised to demand of any Justice of the Peace of his town, at any time he shall see fit, an examination of his docket and of all entries made there. in relative to any complaint, suit or prosecution had by the State against any person, and also of all writs, process and papers of every kind issued in such cases; and it shall be the duty Docket may be of such Justice of the Peace, on such demand being made, immediately to present such Treasurer for his examination his docket kept by him, and all process, writs and papers on file in his office pertaining to any suit on the part of the State. SEC. 3. Upon the refusal or neglect of any Justice of the Peace to pay over immediately and promptly to the town Treas urer of his town, on the demand of such Treasurer, any and all moneys which shall have been paid to or collected by him for fines, penalties or forfeitures as aforesaid, the town Treasurer is authorised, and it shall be his duty, immediately to prosecute in his own name as such Treasurer, the said Justice of the Peace and his sureties, on the instrument in writing or bond given by such Justice of the Peace in pursuance of section eighty nine of chapter twelve of title four of part first of the Revised Statutes. And such suit may be commenced before any Justice of the Peace of the county, if the amount claimed as unpaid does not exceed the sum of one hundred dollars, and all examined. When Treasurer may sue sureties Statement to I judgments obtained shall be binding on the sureties of such Justice, when they have been made parties to the suit. SBC. 4. It shall be the duty of each town Treasurer, within fifteen days from the first Monday in each of the months mentioned in the first section of this act, to pay over and account for all moneys collected by him by virtue of this act, to the County Treasurer of his county; and also at the time of such accounting and payment to make out and transmit to such County Treasurer, and to the Clerk of the board of Supervisors of his county a written statement, verified by affidavit, of each and all sums received and collected by him, setting forth therein the name of the Justice from whom he received the same, the date of such receipt and collection, the cause of complaint on which such sum was adjudged and the name of the defendant together with the date and time of such complaint and judgment. SEC. 5. In case any Town Treasurer shall neglect or refuse to pay over and account for within the time hereinbefore men-" tioned, any and all sums of money received by him by virtue of this act, it shall be the duty of the County Treasurer of the county, immediately to commence suit on the official bond of such town Treasurer against him and his sureties, and to prosecute the same in any court having jurisdiction of the amount Tre surety claimed as delinquent, and the said town Treasurer and his sureties shall be liable to any judgment that may be obtained for moneys received by such town Treasurer, and not paid over, according to the provisions of this act. When County sureties. Justice personally liable. SEC. 6. In case any Justice of the Peace shall hereafter of his own will release any person complained of or accused before him, unless by order of the district attorney, or shall after trial and conviction impose a less fine than is prescribed by law, or after fine imposed shall remit, release or forgive any part of said fine, he shall be held liable to pay the full amount of the lowest fine imposed by law, or the full amount of the fine actually imposed by him, as the case may be. And if he shall give any time or delay to any person upon whom he has imposed any fine, or shall take any bond or security for the future payment of any such fine, he shall be held personally liable for the prompt payment of the said fine according to the provisions of this act, and shall not be entitled to any delay or extension of time from such town Treasurer, in his accounting for and paying over such fine as hereinbefore provided. SBC. 7. The refusal or neglect of any Justice of the Peace or town Treasurer to account for and pay over any moneys in his hands according to the provisions of this act, shall be deemEmbezzlement, ed an embezzlement of the amount that remains in his hands, within the intent and meaning of sections twenty-six, twentyseven and twenty-eight of chapter one hundred and thirty-two of title thirty of part four of the Revised Statutes, and shall be punished in the manner in said sections provided. FREDERICK W. HORN, Speaker of the Assembly. SAMUEL W. BEALL, Lt. Governor and President of the Senate. Approved February 21st, 1851. NELSON DEWEY. An Act to amend an Aot entitled "An Act to incorporate the village of Sheboygan." Chap. 97. The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: SECTION 1. All that part of section twenty-two of said act, which reads as follows: "And all property which is by law exempted from sale on execution," is hereby repealed. SEC. 2. All personal property within the limits of the incorporation of said village, which is now exempt by law from Exemption. execution, not exceeding in value two hundred dollars, shall be exempt from taxation. ern assessment. SEC. 3. If any person whose real or personal estate is liable to taxation in said village, shall at any time before the tenth day of March in each year, make affidavit that the value of his personal estate liable to taxation, after deducting his property invested in the stock of any incorporated company liable to taxation on its capital, does not exceed a certain sum to be specified in the affidavit, or if he shall prove by the affidavit of Affidavit to gov himself, or that of a disinterested freeholder of said village, not of kin to him, that the value of his real estate does not exceed a certain sum to be specified in the affidavit, it shall be the duty of the Assessors of said village to value such real or personal estate at the sum specified in such affidavit, and the agent or attorney of any person whose property is assessed, may, in all cases, make affidavit as to its value, and such affidavit shall have the same force and effect as if made by his principal. SEC. 4. The Assessors shall, on the last day of February in each year, give notice in one or more of the public Journals printed in said village, and by placing up in three of the most public places in said village, notices that they, on some day pre-Assessors to vious to the tenth day of March, will meet for the purpose of give notice. allowing all persons who may think themselves aggrieved by the assessment made by said Assessors, to make and bring in affidavits as to the actual amount of property on which by law they are bound to pay the taxes. |