Objects cannot days; and all persons shall be permitted to subscribe to said stock on the payment to the treasurer of the company, of five per cent. on the amount subscribed in cash; but no one person shall be allowed to subscribe for more than two hundred and fifty shares of such stock; and in case the number of shares subscribed shall exceed the amount of two millions of dollars, the same shall be reduced to that amount by deducting such sum as may be necessary, pro rata, from each of the several subscriptions, and the shares of stock so subcribed, shall be subject to calls for installments thereon, in like manner as the other stock of said railroad company. SEC. 14. It is hereby declared that in the judgment of be attained by the legislature of this state, the objects of the corporation general laws. named in this act cannot be attained under or by general by-laws. To fence its road. Public act. SEC. 15. The La Crosse and Milwaukee railroad company shall fence its road in parcels, as it shall, from time to time, operate the same, within one year after it shall commence the operating of any and every such parcel, until the whole of such railroad shall be in a good, pro per, and substantial manner fenced throughout the entire extent thereof. SEC. 16. This act is hereby declared to be a public act, and the same, immediately after the passage thereof, shall be printed by the state printer, and when thus published, shall take effect and be in force. Approved October 11, 1856, CHAPTER 123. Published November 18. An Act to provide for paying the Lieutenant Governor for services as member of the State Board of Equalization. The People of the State of Wisconsin, represented in enact as follows: Appropriation Senate and Assembly S SECTION 1. The Lieutenant Governor shall receive the to Lt. Governor same per diem and mileage for attendance as a member of the state board of equalization that he is entitled to as president of the senate, to be paid on the certificate of the secretary of state, and a sum sufficient is hereby ap propriated to be paid out of any money in the state treasury, not otherwise appropriated. Approved Oct. 11th, 1856. CHAPTER 124. Published October 15. An Act to authorize Incorporated Cities and Villages to regulate the Sale of The people of the State of Wisconsin, represented in SECTION 1. The common or city council of any city, To regulate and the board of trustees of any incorporated village in auction sales. this state, are hereby authorized to regulate the sale of any goods, wares, merchandise, or other property, sold at aution within their respective cities or villages. SEC. 2. Such regulation shall be made by ordinance Regulations, passed in the same manner as other ordinances are by law how made. authorized to be passed, and may prohibit, by proper fines or penalties, all persons from selling any goods, wares, merchandise or other property at auction, within any such city or village, without first having obtained a license therefor, and may also require any auctioneer so licensed, to make quarterly or monthly reports, verified by his affidavit, to the clerk of any such city or village, showing the amount of all such sales made by him subsequent to the date of his last preceding report, and may also require any such auctioneer to pay as a tax to the treasurer of any such city or village, any sum not exceeding two per centum upon such sales, and also may require such licensed auc. tioneer to execute official bonds for the faithful compliance with the terms of such ordinance, but it shall not be lawful to charge less than five dollars nor more than fifty dollars for any such license, for one year, by virtue of this act: Provided, That nothing herein contained shall pro- Proviso. hibit, or in any manner affect the sale at auction of any goods, wares, merchandise, or other property, which may be offered for sale by virtue of the judgment, order or decree of any court, or by the provisions of any law of this state or of the United States. SEO. 3. This act shall take effect and be in force from and after its passage and approval. Approved Oct. 11, 1856. To provide for disposal of swamp and overflowed lands. Pre-emption rights. CHAPTER 125. Published October 15. An Act to provide for the disposal and sale of the Swamp and Overflowed The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: SECTION 1. All the lands granted to this state by an act of congress, entitled "an act to enable the state of Arkansas and other states to reclaim the swamp and overflowed lands within their limits," approved September 28, 1850, shall be sold by the attorney general, secretary of state and state treasurer, whenever the governor shall deem it expedient so to do. Such sale shall be conducted in the manner and under the restrictions provided for the sale of the school and university lands, in chapter twenty four of the revised statutes, so far as said provisions may be applicable, and not inconsistent with the provisions of this act. SEC. 2. In all cases of pre emption, under the act of the legislature, entitled "an act for the protection of the swamp and overflowed lands of the state, and to grant pre-emption rights thereon," approved April 2, 1856, the pre emptors, upon complying with the provisions of this and the last aforesaid act, shall have the right to purchase in virtue of such pre emption, one hundred and sixty acres of said swamp or overflowed lands, at one dollar and twenty-five cents per acre; all and every of the pre emption rights granted by the aforesaid act, approved April 2, 1855, are hereby secured to every person who, before the taking effect of this act, shall have complied with the provisions of the said act, approved April 2, 1855, and every such pre emptor shall, by the affidavits Affidavits that of at least two credible and disinterested persons, prove law has been that he has complied with the provisions of the aforesaid complied with, act, approved April 2, 1855; such affidavit shall be taken before some person by law authorized to administer oaths, and when completed shall be filed with the register of deeds, of the county wherein such pre emption lands lie, or of the county to which it may be for county purposes attached. Such register shall, on demand of, or on behalf of every such pre-emptor, make out a true and complete copy of such affidavits, as aforesaid, and of the declaratory statement of such pre emptor, as aforesaid, and which is required by the aforesaid act, approved April 2d, 1855, and over his official signature, shall certify to the correct. ness and completeness thereof, in the same manner as by law required, to make copies of the record of deeds evidence. Copies of such declaratory statement and affidavits Copies of same certified as aforesaid, shall be by, or on behalf of such to be filed with secretary of pre emptor filed with the secretary of state, and the state. whole purchase money paid at least ten days prior to the time appointed for the sale of the swamp and overflowed lands, in the county where such pre-empted lands lie. A neglect to comply with the provisions of this act, shall be deemed as is hereby declared to be a waiver, surrender and forfeiture of all rights to said lands, in virtue of preemption rights. SEC. 3. After the taking effect of this act no pre-emption When preshall be made to any of said swamp or overflowed lands. emption ceases SEO. 4. Either the attorney general, secretary of state or Appeal. state treasurer, or any pre-emption claimant, or the contes tant of such claimant, may proceed, by way of appeal to the circuit court of the county, wherein is situated any of said swamp or overflowed lands, claimed by pre-emption rights, and in such court have the pre-emption right claim determined by a jury. In all such appeal proceedings the appellant shall, within sixty days after the copies of the statement and affidavits mentioned in section two of his act, and as in the last mentioned section, filed with the secretary of state, procure a certified copy thereof, rom the said secretary of state, and file the same in the circuit court to which the appeal is taken. Oircuit court And the circuit courts shall make rules prescribing the to make rules mode of procedure on such appeals. If on appeal, the of procedure. ri.ht claimed by pre-emption shall be determined against To adopt survey. Minimum price. Expenses of sale. &c. the pre-emption claimant, then in that and in every such case, the state treasurer shall refund to such claimant, his heirs,executors or administrators, the purchase money paid by him for the lands by him claimed. SEO. 5. It shall be the duty of the said attorney general, secretary of state and state treasurer, to adopt, without appraisal or survey, the lines, boundaries and descriptions of the United States survey, as exhibited by the plats and field notes of the swamp and overflowed lands, and which plats and field notes they are hereby required to procure and pay for, as far as may be necessary, out of the proceeds of the sales of such lands. SEO. 6. The minimum price of said swamp and overflowed lands shall be five dollars per acre, except such as shall be purchased in virtue of the pre-emption right. At least one half of the purchase money of all of said lands described or designated in the plats and field notes aforesaid, as timbered lands, shall be paid at the time of the sale thereof, and of all other in the ratio as provided in chapter twenty-four of the revised statutes, for the sale of school and university lands, other than the five hundred thousand acres. SEO. 7. The legitimate expenses incident to the sale of the swamp and overflowed lands aforesaid, shall be first paid out of the proceeds of such sales, and seventy-five per cent of the residue, and all of the purchase money for the selected lands in this section hereafter mentioned, shall form and be a constituted part of the school fund of this state, and shall be subject to the same uses, designs, regulations and laws. All lands by or under the authority of this state, selected in lieu of swamp and overflowed lands, sold or otherwise disposed of by the United States, since the pas sage of the aforesaid granting act of congress, is hereby for the purposes contemplated, herein declared to be swamp and overflowed lands. Per centage SEO. 8. Twenty-five per cent of the residue of purchase paid to county money mentioned in the next preceding section shall be paid into the county treasury of the county in which the sales may have been made, and the county treasurer, upon the receipt of such money, shall give his receipt therefor, to the attorney general, secretary of state and state treasurer, and a distinct and accurate list of all the lands sold |