CHAPTER 39.

[Published February 24, 1862.]

AN ACT to legalize the acts of H. H. Tred well, a justice of the peace of Crystal Lake, Marquette county.

(See supplement to local laws.)

CHAPTER 40.

[Published February 25, 1862.]

AN ACT to amend an act entitled "an act to consolidate and amend the act to incorporate the city of Milwaukee, and the several acts amendatory thereof," approved February 20, 1852.

(See supplement to local laws.)

CHAPTER 41.

[Published February 25, 1862.]

AN ACT to prescribe the manner of serving notices in certain

cases.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

whom notice

SECTION 1. Whenever the bank comptroller of this How and by state is required by law to notify any banking associa- may be served. tion of any depreciation in the value of the securities transferred to the state treasurer in trust by such association, he shall cause a written or printed notice, containing a statement of such depreciation, and the amount thereof, and signed by him, to be personally served upon some officer of such association, if to be found within this state; and if no such officer can be found in this state, then such service may be made at the office or place of business of such association, upon any person in charge thereof, if any such office or place of business can be

found in this state; such service to be made by a sheriff of some county of this state. If such sheriff shall certify to the bank comptroller that no officer, or place of business of such banking association can, after due diligence, be found in this state, the said comptroller shall file such certificate in his office, and shall cause a copy Notice by publi- of such notice to be published in the state paper, at least once in each week, for four successive weeks.

cation.

Ibid.

Duty of sheriff.

Fees.

SECTION 2. Such publication shall be deemed and taken to be, and shall be held by all the courts of this state, to constitute a sufficient notice to any such banking association of the facts therein contained and set forth, and shall authorize the bank comptroller to proceed, in all respects, as he might have done had such notice been personally served upon the officer or officers of such banking association.

SECTION 3. It is hereby made the duty of any sheriff in this state, upon request of the bank comptroller, to serve said notice in the manner provided for in this act; or in case of his inability, after due inquiry, to find any person on whom to serve it, to certify that fact, over his official signature, to the said bank comptroller. He shall be entitled to receive the same fees for his services as are fixed by law for the service of a summons in personal actions. The state paper shall be entitled to receive the same fees that are now allowed by law for publishing legal notices, for publishing the said notice.

SECTION 4. This act shall be in force from and after its publication.

Approved February 20, 1862.

Appropriation.

CHAPTER 42.

[Published February 25, 1862.]

AN ACT appropriating money to pay the clerks of the joint select committee on the expenditures of the war fund.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1. There is hereby appropriated out of

any moneys in the state treasury not otherwise appropriated, a sum sufficient to pay the clerks of the select committee appointed under joint resolution No. 2, A., the compensation of any such clerk or clerks not to exceed the sum of three dollars per day for each clerk so employed.

be

SECTION 2. author-co The secretary of state is hereby author- audited by secre ized to audit and allow the accounts of any clerk so tary of state. employed, on presentation of the certificate of the chairman of said committee, setting forth the number of days' service rendered, and the compensation per day. SECTION 3. This act shall take effect and be in force from and after its passage. Approved February 20, 1862.

CHAPTER 43.

[Published February 28, 1862.]

AN AOT to extend the time for the collecting of taxes in the city of Racine, in the county of Racine.

(See supplement to local laws.)

CHAPTER 44.

[Published February 28, 1862.]

AN ACT to extend the time for the collection of taxes in the county of Eau Claire.

(See supplement to local laws.)

CHAPTER 45.

[Published February 28, 1862.]

AN ACT to authorize the extention [extension] of the time for the collection of taxes in the town of Jefferson, in the county of Bad Axe, [Ax,] of this state.

(See supplement to local laws.)

Service of sam

mons.

tion.

CHAPTER 46.

[Published February 28, 1862.]

AN ACT to amend chapter 160 of the revised statutes, entitled "actions and writs of scire facias and quo warranto."

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1. Whenever an action shall be brought in the supreme court, by the attorney general, in the name of the state, for the purpose of vacating the charter, or annulling the existence of a corporation, the summons shall be personally served upon some officer of the corporation named as defendant therein, if to be found within this state. Such service may be made by the sheriff of any county within the state. If any sherIbid. by publica- iff to whom such summons shall have been delivered for service, shall make return thereon, that no officer of such corporation can, after due diligence, be found within this state, and shall verify the same by his affidavit, the attorney general shall cause a copy of such summons to be published in the state paper, once in each week for at least four successive weeks. Upon filing such proof of that publication as is required by subdivision three of section 13 of chapter 124 of the revised statutes, with the clerk of said court, the service of the summons shall be deemed complete, and the court shall proceed as though personal service had been made on such corporation.

Defense.

Sale of property

of proceeds.

SECTION 2. If the summons shall not be personally served, the corporation or their legal representatives shall, on application and sufficient cause shown, be allowed to defend said action at any time before final judgment, but not thereafter.

SECTION 3. If in any such action, judgment shall and disposition be rendered against such corporation, and a receiver of its property, or of any property in which it has any interest, legal or equitable, be appointed, the court may, in its discretion, order a sale of all such property, and a disposition of the proceeds thereof among the creditors of such corporation. The court may also, in its discretion, order all costs and disbursements, duly taxed by the proper authority, to be paid from the effects in the hands of the receiver, to the persons entitled there

to or to the attorney general, taking his or their receipt therefor.

SECTION 4. A sum sufficient to pay all necessary Appropriation; costs and disbursements incurred in bringing or prosecuting such actions, to be audited by the secretary of state, is hereby appropriated out of any money in the treasury not otherwise appropriated. It is hereby made the duty of the receiver appointed in any such action, or the duty of the attorney general, in case such moneys shall be delivered to him by such receiver, to repay to the state any money advanced by the state on account [of] such costs and disbursements.

SECTION 5. This act shall take effect and be in force from and after its publication. Approved February 20, 1862.

CHAPTER 47.

[Published February 28, 1862.]

AN ACT authorizing the secretary of state to audit certain ac

counts.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

borers about the capital.

SECTION 1. The secretary of state is hereby author- Accounts of la ized to audit the accounts of all persons who are employed by the superintendent of public property for the state, to labor in and about the capitol, and draw his warrants on the state treasury for such amounts as shall be found due such persons. Such accounts shall be verified by the person so employed, and be accompanied by a certificate of the superintendent of public property, as to the amount due and as to the correctness of such account.

SECTION 2. There is hereby annually appropriated Appropriation. out of the state treasury, out of any money not otherwise appropriated, a sum of money sufficient to pay such warrants, and the state treasurer is hereby directed to pay such warrants when presented.