Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1864-04-02

such corporations, respectively
Sec. %. service Of any legal process against any
corporation formed under tn act, may be made
the president, secretary or agent, or g neither
OF them aa b. found IN tue county IN which, BY
their Articles o. association, they are to do their
business, then such service may be made by posting
true copy thereof on some conspicuous place at
the business Office OF the company in said county.
Sec. %. 1t the directors of any such company
shall Intentionally neglect o. refuse to comply
with the provisions ami TO perform the duties re-
CURED OF them by sec ions three, five, eight. "A
and nineteen of his Hct, they shall be jointly aud
yeraliy liable ia action founded this stat-
tor all the debts of such corporation tract
ed during the period OF such neglect or refusal |;
and such of them as Fer-3 present and acting as
such direetorr al any time during such neglect or
refusal, shall De guilty of a misdemeanor, and
may, conviction thereof, be ined a sum not ez
ceedpg five Thousand dollars, or imprisoned for q
term net exec edng two years, both, In the dis
8 sec.s "a il shah be lawful for any mining CON-
pany asseciating under this provide In the
tieles of a.soeia son for having business oiceof
euch company out of this state, at place with
in the United states, and toshold any msetin. Of
the stockholders or directors of such company at
such Office provided for, bat every such compa-
ny having its business office out of this state shall
have office for the transaction OF business. wiz h.
Ia this state, TO be also desgnatedin such articles.
Sec. 25 Any mining company organized aud do-
ing business under any special charter, may az
any time, by vote Of majority In IN terest OF It's
hods is, dissolve its Organization, aud rgan-
fzs under this act. aud any company 60 organizifg
under said act shall have the right in pref renee
TO any other company, TO assume the name By
which il was known In its former charter; pr0Utded
il perfeetsIts organzation within sixty Jays after
dissoigipg Is ecial charter aud after projecting
Its according TO the provisions OF said
act it shall be entitled to all the rights, privileges
and immunities therein contained, and the prop
erty, effects and rights of action of the company
shalt pass TO aud be vested In the company so or
ganized, and the debts, liabilities and demands ex
isting against the company so dissolved. shall be
and remain debts, Liabilities and demands against
the newly organized company, a. may De prose-
cuted against in like manner aud TO like effect
they might have sbeea againstthe company so dis
solved d. ton - .t
Sec. 20. 1t shall be Lawful for any mining CON-
pany organize under any charter or general law
of this etafe to subscribe for aud take stock in any
plankroad railroad for the purpose of
ing such road to the mines; and the amount Of It's
capital so subscribed and paid out, shall, for the
purpose Of taxation, be deducted fsom the capital
of such mining company, and shall be taxed only
as tue capital of such pankroa or railroad.
Sec "a. The president and secretary OF every
such mining company, subscribing or taking stock
in any plank or railroad, shall, ON or before the
first day of May, in each year, make, under their.
hands, return to the state treasurer, serined BY
their several oaths, stating the amount which such
mining company has subscribed saa paid In every
plank railroad and also In what particular road.
sec. rs. Any mining company organized under
the provisions of this act is hereby authorized 20
consolidate with and purchase from any other mi
ming corporation, organized under any speciaI
law OF this state, all its property, rights
and franchises, upon such terms as shall be
the corporation whose property, rights and fran
ohses thus purchased. shall become stockhold
of the corporation purchasing the sane, in such
proportions shall be agreed upon in the terms of
SALE and the corporation thus selling its property,
rights and franchises, shall become merged in and
consolidated with tie corporation buying t.e
same.
Sec. 90. No consolidation of one mining corpor-
alton with another under this act shall take place
without the prior assent thersto Of majority of
the stockholders of each corporation at the annual
ma of he al ma Qflnp
duly called for that purpose. r
Sec. so. ANY mining corporation thus purchas-
lug the property, rights and franchises Of another
shall have power to cali in and cancel its prior GER
tcates of stock, and to make and issue TO its Stock
holders in including those of the corporation to be
consolidated will it, new certificates of stock, in
such proportions to each as each shall be entitled
to, according TO the terms Of consolidation, 40
agreed upon, aud to forfeit the stock of any stock
holdef who shall not return his stock to be cancel
ed aforesaid, within ninety days after actual no.
tce of the resolution of the corporation for calling
in its Stock who shall not return 1t after pubi
cation of notice Of said resolution, for ninety days,
in some newspaper published in the state OF Wis
copsin. 81
Sec. 81. All dues, demands, contracts and LA
bilies Of any corporation thus selling its roperty
rights and franchises to another, shall be and re-
main in force against the corporation purchasing
the sane in like manner as ii originally incurred
by it and all rights of creditors and all liens upon
the property of either corporation, snail remain
unimpaired, aud the respective corporations shall
continue to exist, so far as may be necessary to en-
force the same.
Sec 80 No corporation with which another NAV
be consolidated under this act, shall be allowed to
increase its csptai ock by virtue OF this act, bat
such corporation shall be subject to the provisions
of section six of this act.
Sec. SO. If any corporation organized and es-
tablished under this act, shall wlfuy violate any
of it's provisions, and shall thereby become insol
vent, the directors ordering or asserting to such
violation shall jointly and seysrally be liable, n
an action founded upon this statute, for all debts
contracted alter such violation.
sec. 81. The legislature may, at any time, for
just cause, reseind the powers of any corporation
created pursuant to the provisions OF this act, and
prescribe such mode as may be necessary or expe-
dent for the settlement of IT'S affairs.
Sec. IS. This act shall take effect and be in
force from aud after its passage and publication.
Approved March Is, 1864. HH-C0PY. =
Published March 10, 1S64.l
CHAPTER Ios
AN ACT to amend chapter l22 of the revised stat
utrs, entitled of the forms of civil actions, and
parties thereto"
The people of the state of Wisconsin, represen ted
in senate and assembly. do enact as fellows: 81
Section /. Whenever it shall appear to the
court in which action is pending, either by the
affidavit of party to the action, by the yer
properly verified, of any party to the action, that
complete determination OF the controversycannot be
had without the presence of other parties, that
any person, not party to the action is interested
in the subject matter of the controversy, and
whose interests In such subject matter 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 party
to the action, and shall, at the time, provide
that copy of such order, together with notice of
the object Of the action shall be served upon the
person persons made parties TO tue action,
and shall prescribe the manner in which such SER
vice shall be made, and aise 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
of such notice and if the person or persons
made parties shall be minors, 1t shall be the du-
ty of the court to appoint guardians for such mil
noes, which appointments shall be made in
accordance of the provisions Of the statutes.
Sec. 2. When an order shall be entered, brng-
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; aud af-
ter the expiration of the time so prescribed. the
action shall be proceeded with In lie manner and
with like effect, actions in which all the parties
thereto made parties in the first instance. :.
Sec. s. The act shall be held to Apply to cases
now pending, and shall take effect from and after
She passage and publication thereof
Approved March 10, 1864. R@C0PY.
Published March 10, 1s64.l as
ssas d. mu CHAPTER 100. Is
AN ACT to authorize trials By jury in certain
. cases. 81 EszA 10
The people OF the state of Wisconsin, represented
in senate and assembly, do enact as follows Y
Section L.. Every issue of fact Joined in an ac-
ton brought in any court Of this state for the fore
closure satisfaction of mortgage upon real
estate, which has been heretofore may hereafter
be executed TO any corporation, upon demand of
either plaintiff defendant, shall be tried by .
jury, and the finding of the jury as to such issue
OF fact, shall be final and cons elusive oncrusiye
as in other cases of trial by jury. b
Sec. 2. All acts aud parts OF acts inconsistent
with contravenug the provisions Of this act, are
hereby repea ed. eaa echo
Sec. g. This act shall take effect and be in force
ga. o..Ax