Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1868-03-18

WHEREAS, In 1898 or thereaDouts, the
Chicago and Northwestern railway COM
psay issued to divers persons aiding in
The construction of lis railroad from Fond
du Tao northerly, convertible land grant
certificates, emitting TIE holders thereof TO
receive 24G sections, or 1853. 500 acres of
land, which the said company should re-
ceive on the completion of the first 90
miles of its railroad northerly from the city
of Fond du Lac; and +
WHEREAS, Such certificates entitled the
holder thereof TO receive such proper
tionate share of said lands as the amount
OF money for -hich the same was given
and expressed therein bore 10 81 ,84O, 900,
appraised value thereof; and
WHEREAS, The said company has COM
pleted said 90 miles of road and received
such lands; and
WHEREAS, The owners and holders of
many of these certificates are unknown
and caunot be aseertained, therefore, for
the purpose of enabling said company to
make an equitable disposition of such
lands among the holders of such cerlii-
Gates respectively, 1sg.
The people of the state Of Wisconsin, represented
in senate and assembly, do CT act as fo!lows: 3,
Section /. The said Chicago & North.
western railway company may ins:'.ate
and prosecute an action or actions 10 the
circuit court of any county Of this state
for division and partition or sale Of the
lands for which such certificates were is
sued according the respective rights OF
the parties interested therein, aud said
court may order such partition or sale of
such lands as hereinafter provided, if it
shall appear that a partition cannot be
made without prejudice to such parties.
Sec. Q. If the owners or holders of any
such certificates are unknown, such own
ers or holders may be made party defen-
dsnts under the style of The unknown
owners of certificates issued by the Chi
cago & Northwestern railway company, in
two hundred and forty sections of land
granted BY Congress to the state of Wis
cousin to aid N the construction of q rail-
road from Fond du LAC northerly to the
state line. @ aa1 ssa
Sec. 3. If any of the holders of such
certificates or persons having al interest
in such lands are unknown, or if either of
the known holders thereof or persons SO
interested or parties. defendants reside out
OF the state or cannot be- found therein,
and such facts be made to appear to the
court in which such action is pending, Or
to the Judge or court commissioner there
of, by affidavit, an order may be made by
such court, Judge thereof or court CON-
missioner, requiring such person or per-
sous or defendants TO appear and answer
the complaint by a day certain, in such
order to be specified, or stand defauIted !,
and requiring the summons in such action,
together with the following notice thereto.
with blanks properly filled, VIZ: IS Take
notice, that this action is brought to make
a partition or sale OF 24O sections, or 1853, :
sou acres of land, which was received by
the Chicago aud Northwestern railway
company Tor the construction OF twenty
miles of its railroad nortAeriy from Fond
du Lac, aud for which land said company
issued convertible land grant certificates,
and that pursuant TO an order duly made
according to law, you are hereby lequred
to appear aud answer the complaint III SAID
action, on or before lhe--Jay Oh, A.
D., 1866. or you will stand defauled.
Dated "A. D., 49,. 10 (lere
naming those who are not. served with
process)," 10 be either personally served
upon such defendants or published IN such
paper Or papers. as shall therein be deslg-
mated, and for the length of time to be de-
r;r-,atol c,ran nrH,r and II dina rfani
OF personal service or publication OF such
summons and notice as aforesaid, lurlsdic'
ton shall be acquired Of ali such defen
dants and upon their failure TO appear and
answer as required by SAID order, tney shall
stand deiaulted. {. aH sesss
Sec. 4. The proof of personal service
or of the publication OF such summons aud
notice as required by said orcer shall al
thorlzs The court TO proceedstos final ladg
ment against al! such unknown parties and
persons not resident in this state, or DOT
found therein, as shall not appear and an
swer by the day mentioned 10 the order.
or on such future day as the court may
sppolnt, in the same manner ss provided
In other cases Of failure 10 answer The cnin-
plant, and all such unkuow parties as
may appear shall be sntled to ue made
parties 10 the action, aud they may So DC
made parties by an order OF the court, The
Judge. thereof or any court commissioner
thereof, and whereupon The attorney OF the
plaintiff may insert such party's name IL
The complaint on file, and he shall there
upon become party TO such suit to al
intsuts and purposes, IS il he had been