Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1868-03-21
Published March 6, 1867
CHApTER 57-QRNERa1


CHAPTER 57-GRhERAI. --
AN ACT to authorize the Chicago and Northwestern
railway company 70 execute certain trust.
WHEREAS, In 1859, or Whereabouts, the Chicago
and Northwestern railway company Issued 70 divers
persons aiding In the consilu cton Of It's Ealroao
from Fond du Lac northerly, convertible lana grant
certificates emitting the holders thereof to receive
240 sections 1853 600 acres Of land which the saa
company should receive on the completion Of the
6Est 20 miles Of its railroads norther from the CITY
WHEREAS, such certificates entitled the holder
thereof toreceive such Proportionate share Of SAID
given and expressed therein bore 10 $40 900, ap-
praised value thereof; and
WHEREAS, the sad company has completed said 20
miles OF road and received such lands; and 1858
WHEREAS The owners and holders Of many OF
these certificates are unknown and cannot be aseer
tanned, therefore, for the purpose OF enabling saia
company TO make equitable disposition OF such
lands among the holders OF such certificates respec-
lively, @
Tie people Of the state Of Wisconsin, represented in
senate and assembly, do enact as follows:
Section l. The said Chicago & Northwestern rail-
way company may institute and prosecute an action
or actions In the circuit court of any county Of his
state fer division and partition or sale Of the lands
for which such certificates were Issued according the
respective rights Of the parties interested therein,
and said court may order such partition sale Of
such lands as hereinafter provided, If Il shalt appear
that partition cannot be made without prejudice TO
Sec 2 II the owners or holders u any such cerih-
Gates are unknown such owners OF holders may be
made party defendants under the style Of sthe IN
known owners Of certificates Issued by the Chicago
Northwestern railway company, in two hundred and
forty sections of land granted by Congress TO the
state OF Wisconsin 10 aid In the construction OF a
railroad from Fond du Lac northerly, 70 the state
line"
Sec. g. IL any Of the holders of such certificates or
persons having interest In such lands are unknown,
or If either Of the known holders thereof persons
so interested or parties defendants reside out Of the
state or be found therein, and such facts he
made appear to the court In which such action Is
pending to the Judge court commissioner there
Of, by afdavit order may be made by such court,
Judge thereof court commissioner requiring such
person persons defendants TO appear ana answer
the complaint by day certain, In such order TO be
specified stand defanlted, and requiring the sum
mons In such action together with the following no.
tice thereto, with blanks properly filed, viz Take
notice. that this section Is brought 10 make partition
or sale Of $40 sections 1853 600 acres Ofiand, which
was received by the Chicago and Northwestern rait-
way company for the construct Of twenty miles Of
It's railroad northerly from Fond du Lac, al for
which land said company Issued convertible land
grant certificates, and that pursuant 10 an order duly
made according to law, you are hereby required 10
appear and answer the complaint Ia said action on .
before the - day Of -------, A. D., lt6--. or
you viii stand defaulted. Dated ---A D.,
Is6-. To (here naming those who are not served
with process" 70 be either personally served on such
defendants published in such paper or papers as
shall therein be desgnated and for the length Of time
be designated in such order and upon due proof Of
personal service or publication Of such summons and
notice as aforesaid jurisdiction shall be acquired Of
all sucB defendants and upon their failure 10 appear
and required by said Order,they shall stand
defaulted- . r-.. .-. ,.-- $50. ....-
Sec The proof Of personal service or Of the pub
LEGATION Of such summons and notice required by
said order shall authorize the court to proceed 10 final
Judgment against all such unknown parties and per-
sons not resident in this state found therein
as shall appear and answer by the day mentioned
in the order, such future day the court msy
appoint, in the same manner as provided in other
cases Of failure 70 answer tue complaint, and all such
unknown parties may appear shall be entitled 10
be made parties 10 the action, and they may 80 be
made parties by an order Of the court, the judge
thereof any court commissioner thereof and where
upon the attorney Of the plaintiff may insert such
party's name in the complaint on he, and he shall
thereupon become party 70 sach suit % all intents
and purposes, as II he had been made originally a
party therein. .rE
| Sec. S. II in such action the court shall order a
sale OF such lands, 10 shall appoint a commissioner
for that purpose and may in ~ discretion direct such
commissioner TO receive in payment OF such lands 50
Sold the said certificates at the amount expressed
upon the face thereof II rendered for that purpose by
the lawful holder thereof and thereupon said certif
Gates 10 be cancelled and delivered TO the said COM
paBy: PROVIDED holceper, that such certificates shall
not be received In payment upon any purchase or
purchases Of land, unless the price thereof bid and
70 be paid shall be at least twelve dollars per acre ia
the aggregate rouidsd a1thsy that the court shall
direct and require the payment of such per centage
Of the purchase money Of each tract and trscts OF
land sold, to be paid in lawful money, it shall
deem sufficient TO pay the cost and expense OF such
action or PARTITION sale, including reasonable at
court is hereby authorized aud directed to allow the
plaintiff 10 such action percentage or sum as it shall
deem sufficient TO pay the cost and expenses OF such
action or partition or SALE including attorney and
counsel fees. and shall also allow such commissioner
such per cenage Il shall deem sufficient TO
pay his costs aud expenses and for his services
Sec. 6. II any such lands should remain unsold for
want az bidders either in lawful money or for such
certificates and all Of such certificates should not be
cancelled the court may In its Judgment in such
ton, by further subsequent Judgment or order.
q. hall
charge the salt Ilroad company from its trust or
relation thereto, shall seem meet for the benefit of
the persons interested therein, and may as II seems
advisable, place the same IN the hands Of commits
sioner trustee trustees, Tor division sale or dis
posal, otherwise, as shall seem 10 the court equ-
table to the parties In interest and TO give authority TO
make all nece transfers conveyance thereof
Sec The person persons purchasing any Of
said lands and saEreDdering any Of such certificates
In payment thereof shall be seized m zee OF the prem
Uses 30 purchased in seversty, and the said company
shall be forever discharged from any trust liability
In reference thereto, and such commissioner may give
70 such purchaser OF purchasers cereheate or cern
purch ses which shall be received In evidence In any
Of the courts Of this state and shall be prDla fdcie
pma fIes evidence Of title in fee of the lands there
10 described In the person or persons therein named
as his or their assigns.
Sec s. IL shall not be necessary in any advertise
ment or notice Of sale of said lands to describe them
bv their legal subdivisions into sections parts Of
sections but Il shall be sufficient TO describe them
two hundred ana forty sections or l0oscuV acres OF
land more or less granted by congress TO aid in the
construction Of a railroad from Fond du Lac north
ery to the state line between the lands first selected
by the Chicago and Northwestern railway company
under such grant; but such lands shall not be sold In
larger tracts than section at time: and, pTCUdsd
fuItter, at his option, such commissioner may offer
and sell at the lime all the tracts OF land in any
one section.
Sec g. The general provisions of the laws Of Wis
cousin affecting court of equity law in partition
cases shall apply TO the action authorized by this
chapter far as the same is applicable and not incOn
sistent with the provisions hereof.
Sec 10 All laws inconsistent with this act here
by repealed far they contravene the provisions
OF this act and no further 1hs act shall take effect
and be in force from and after Its passage and publ
cation
Approved March 2, 1868.
lR a Published March 9, 1865