St. Paul and Fond du Lac Railroad company, under and by virtue of the provisions of an act entitled "An act to authorize the Chicago, St. Paul and Fond du Lac Railroad company, and the Wisconsin and Superior Railroad company to consolidate," approved February 12th, 1857, and was afterwards reorganized, and the name, the "Chicago and Northwestern Railway company, assumed by it instead of the name, the "Chicago, St. Paul and Fond du Lac Railroad company," which it had formerly borne, under which latter name the said town of Neenah has subscribed to its capital stock, and issued a portion of the bonds authorized by said act to it, pursuant to the provisions of an ordinance passed by the board of said town, and dated July 24, 1860, and submitted to and approved by a vote of the qualified voters of said town, on the 7th day of August, 1860: now, therefore, The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows : Validity of bonds and of ordinance SECTION 1. That the bonds so issued by the town of Neenah to the Chicago and Northwestern Railway of July 24, 1860. company, under and by virtue of the provisions of the act aforesaid, approved March 3d, 1857, and of the ordinance named in the preamble of this act, and all the proceedings in the enactment of said ordinance, the publication and adoption thereof, and in executing and issuing said bonds, shall be held and deemed in all courts and places to be as valid and legal as if said bonds had been issued to the Wisconsin and Superior Railroad company. to be issued to W. Railway Co. Chicago and N. SECTION 2. That all bonds hereafter issued by the Bonds hereafter said town of Neenah, under and by virtue of the provisions of the act aforesaid, approved March 3, 1857, and of the ordinance named in the preamble of this act, shall be issued to the Chicago and Northwestern Railway company, instead of the Wisconsin and Superior Railroad company, as provided in said act, and the said act is hereby amended by striking out therefrom the words, "the Wisconsin and Superior Railroad company," wherever the same occur either in the title or body of said act, and inserting in lieu thereof the words "the Chicago and Northwestern Railway company." bonds of SECTION 3. That the said town is hereby authorized Time for pay to issue its bonds at any subsequent date, providing it subsequent date. shall not make the time for payment of the same less than that contemplated in the ordinance heretofore submitted to the electors of the said town of Neenah, on the seventh day of August, 1860, had the same been issued before the first day of February, 1861. SECTION 4. This act shall take effect and be in force from and after its passage. Approved March 6, 1861. Parts vacated. Parts not vacated CHAPTER 56. [Published March 8, 1861.] AN ACT to vacate certain parts of the plat of the Village of Deca tur, in Green Co. [County.] The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: SECTION 1. That the plat of the village of Decatur, in the county of Green, be and the same is hereby vacated, except those streets and parts of streets designated and described in the next section of this act. SECTION 2. That Mill street and Barnum street, from West avenue to the north line of the plat, Pierpont street from center of Barnum east twenty rods, Jones avenue from Mill street to the east side of the plat, and West avenue and Hubbard streets, are not vacated, but the same are to be retained as public highways. SECTION 3. This act shall take effect as soon as published. Approved March 6, 1861. CHAPTER 57. [Published March 8, 1861.] AN ACT to amend Chapter 140 of the Local Laws of 1859, entitled "An act to incorporate the Village of Monroe." (See Supplement to Local Laws.) CHAPTER 58. [Published March 8, 1861.] AN ACT declaring the 22d day of February and the 4th day of The People of the State of Wisconsin, represented in Senate SECTION 1. The twenty-second day of February and Holidays. the fourth day of July, are hereby declared to be holidays. SECTION 2. No court shall be open or transact any In what cases business on the twenty-second day of February or on act business. the fourth day of July, unless it be for the purpose of instructing or discharging a jury, or of receiving a verdict; but this section shall not prevent the exercise of the jurisdiction of any magistrate when it shall be necessary in criminal cases to preserve the peace or to arrest offenders. Third day of SECTION 3. Whenever any bill of exchange or nego-Third tiable promissory note shall be payable in this state, and the third day of grace on such bill or note shall fall upon the twenty-second day of February or upon the fourth day of July, such promissory note bill of exchange shall be due and payable on the secular day next preceding. or bill SECTION 4. This act shall take effect and be in force from and after its passage and publication. Approved March 7, 1861. : Spark-catches to be attached to chimneys of steam vessels. Penalty. How collected. CHAPTER 59. [Published March 11, 1861.] AN ACT in relation to steam Vessels Navigating certain of the waters of this State. The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows : SECTION 1. From and after the first day of May, in the year of our Lord one thousand eight hundred and sixty-one, it shall not be lawful to navigate, and all persons and corporations are hereby strictly prohibited from navigating, any of the waters of this state, except Lake Michigan, Lake Superior. Green Bay, Milwaukee river, Menomonee river and the Mississippi river, with any boat or vessel propelled wholly or in part by steam, unless such boat or vessel shall be provided with a sufficient spark catcher, screen or some other device to prevent the escape of sparks or burning cinders from the chimney, or, if there be more than one, from each of the chimneys of said boat or vessel, and unless the same shall be substantially attached in or upon such chimney or chimneys, and in good repair, so as to prevent the escape of sparks or burning cinders therefrom, as effectually as the same can be prevented by any means known and in use for that purpose. SECTION 2. From and after the day and year mentioned in the first section of this act, if any boat or vessel propelled wholly or in part by steam shall be run, or if the fire or fires thereof shall be kindled for the purpose of running the same in any of the waters of this state except Lake Michigan, Lake Superior, Green Bay, Milwaukee river, Menomonee river and the Mississippi river, contrary to the provisions of the first section of this act, then, and in each such case, the owner, agent or consignee of such boat or vessel shall be liable to pay a penalty of two hundred dollars, one half for the use of the county within the jurisdiction whereof such offence shall have been committed, and one half for the use of the complainant, which penalty shall be a demand against and lien upon said boat or vessel, to be sued for and collected in the manner provided in chapter 151 of the general laws of 1859, or that may hereafter be provided for the collection of demands against boats or vessels navigating the waters of this state. Approved March 8, 1861. CHAPTER 60. [Published March 8, 1861.] AN ACT to amend Chapter 122 of the Revised Statutes, entitled "Of the forms of Civil Actions, and parties thereto." The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows : Persons interestparties to actions ed to be made SECTION 1. Whenever it shall appear to the court in which an action is pending, either by the affidavit of a party to the action or by the answer, properly verified, of any party to the action, that a complete determination of the controversy cannot be had without the presence of other parties, or that any person, not a party to the action, is interested in the subject matter of the controversy, and whose interests in such subject matter are such as should be protected, it shall be the duty of the court, at the instance of any party to the action, to enter an order upon the minutes of the court, making the person or persons so interested a party to the action; and shall, at the same time, provide that a copy of such order, together with a notice of the object of the action, shall be served upon the person or persons so made parties to the action, and shall prescribe the manner in which such service shall be made, and also the time within which such person or persons so served, shall appear and file an answer in such action, which time shall not be less than twenty days from the time of the service of such notice; and if the person or persons so made parties shall be minors, it shall Minors. be the duty of the court to appoint guardians for such minors, which appointment shall be made in accordance with the provisions of the statute. proceed. SECTION 2. When an order shall be entered, bringing How action to in other parties, as provided in section one of this act, the action shall stand continued until the time prescribed by the court for the persons so made parties to answer shall have expired, and after the expiration of the time so prescribed, the action shall be proceeded with in like manner and with like effect, as actions in which all the parties thereto were made parties in the first instance. SECTION 3. This act shall be held to apply to cases now pending, and shall take effect from and after the passage and publication thereof. Approved March 8, 1861. |