Amended. CHAPTER 116. [Published April 1, 1872.] AN ACT to amend chapter one hundred and eighty-eight of the general laws of 1859, entitled an act to amend chapter eighty-six of the revised statutes, entitled "of alienation by deed of the proof and recording of conveyances and the cancelling of mortgages." The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. Section one of chapter one hundred and eighty-eight of the general laws of A. D. 1859, is hereby amended by adding thereto the following words, to-wit or a clerk of a court of record, with the seal of such court affixed." SECTION 2. This act shall take effect and be in force from and after its passage. Approved March 23, 1872. CHAPTER 117. [Published April 8, 1872.] Section one amended. AN ACT to amend chapter two hundred and sixty of the general laws of 1860, entitled "an act regulating the rights of miners and persons digging for lead ore.' The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. Section one of chapter two hundred and sixty of the general laws of 1860, entitled "an act regulating the rights of miners and persons digging for lead ore," is hereby amended so as to read as follows: How regulated "Section 1. That where there is no contract between the parties, or terms established by the landlord to the contrary, the following rules and regulations shall be applied to mining contracts, and leases for the digging of ores or minerals." in absence of contract. amended. What discover SECTION 2. Section three of said chapter two hun- Section three dred and sixty is hereby amended so as to read as follows: "Section 3. The discovery of a crevice or range containing ores or minerals shall entitle the dis- er entitled to. coverer to the ores or minerals pertaining thereto, subject to the rent due his landlord, before as well as after the ores or minerals are separated from the freehold, but such miner shall not be entitled to recover any ores or minerals, or the value thereof, from the person digging on his range in good faith, and known to be mining thereon, until he shall have given notice of his claim, and he shall be entitled to the ores or minerals dug after such notice." SECTION 3. Section four of said chapter two hun- Section four dred and sixty is hereby amended so as to read as fol- amended. lows: "Section 4. In case of conflicting claims to a How conflicting crevice or range bearing ores or minerals, the court be- claims settled. fore which an action to enforce such claim is pending may continue the cause for the purpose of allowing parties to prove up their mines or diggings. In such case the court shall appoint a receiver, into whose hands the ores or minerals raised by either party, pending the dispute, shall be delivered. The mines or Shall appoint diggings shall be worked under the direction of the re- receiver who ceiver (who shall discharge the rent) subject to the or- mine. der of the court or judge, in such manner as will best tend to ascertain the respective rights of the parties, but no such continuance shall be allowed unless it shall appear to the court by sufficient evidence that such delay is necessary to promote the ends of justice; and the circuit judges, on proper notice and proofs, may grant time to prove up a claim, and appoint a receiver in vacation as well as term time." shall control amended. Penalty for minerals. SECTION 4. Section five of said chapter two hun- Section five dred and sixty is hereby amended so as to read as follows: "Section 5. Any miner who shall conceal or dispose of any ores or minerals, or mines or diggings concealing for the purpose of defrauding his lessor of his rent, or who shall neglect to pay any rent on ores or minerals raised by him for three days after notice thereof and claim of such rent, shall forfeit all right to his mines, diggings or range, and his landlord, after such concealment, or after three days have expired from the time of demanding rent, may proceed against him to recover possession of the mines or diggings, before a justice of the peace, as in the case of a tenant holding over after the termination of his lease, according to chapter one hundred and fifty-one of the revised statutes; and in case a miner shall neglect to work his mines or diggings according to the usages of miners, without reasonable excuse, he shall likewise forfeit his mines or diggings, and his landlord may proceed against him in like manner to recover possession of the same.” SECTION 5. This act shall take effect and be in force from and after its passage and publication. Approved March 23, 1872. May invest trust funds in bonds. CHAPTER 118. [Published April 1, 1872.] AN ACT to provide for investing a portion of the trust funds of the state, in bonds of the city of Milwaukee. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. The commissioners of school and university lands are hereby authorized to invest at their discretion a portion of the trust funds of this state, not exceeding in the aggregate the sum of five hundred thousand dollars in the water bonds of the city of Milwaukee, at the lowest rate at which such bonds can be bought, and not exceeding par. SECTION 2. This act shall take effect and be in force from and after its passage. Approved March 23, 1872. 23. AN ACT in relation to railroads and the organization of railroad companies. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: i.. road compa SECTION 1. Any number of persons, not less than May form railfive, may form a company for the purpose of construct- nies. ing, maintaining and operating a railroad for public use, in the conveyance of persons and property, or for the purpose of maintaining and operating any railroad already constructed for the like public use; and for that purpose may make and sign articles of association, in which shall be stated the name of the company; the places from and to which the road is to be constructed at e or maintained and operated; the length of such road as near as may be, and the name of each county in this state, through or into which it is made or intended to be submitted. be made; the amount of the capital stock of the com- Capital stock. pany, and the number of shares of which said capital stock shall consist, and the classes of preferred and common, if more than one class, and the names and places of residence of the directors of the company, who shall manage its affairs for the first year, and until others are chosen in their places; and the number of such directors shall be not less than five or more than thirteen. Each subscriber to such articles of associa- How articles of tion shall subscribe thereto his name, place of resi- association to dence and the number of shares of stock he agrees to take in said company. There shall be endorsed thereon or annexed thereto, an affidavit made by at least three of the directors named in said articles, that the names subscribed to said articles are the genuine signatures of the persons named therein, and that it is intended in good faith to construct or maintain and operate the road mentioned in such articles of association. Such articles of association, with said affidavits, may To be filed. then be filed in the office of the secretary of state, who shall endorse thereon the day they are filed, and record the same in a book to be provided by him for that pur-. sued. Patent to be is pose; the governor and secretary of state shall, upon the filing of such articles of association, issue to the persons named therein, a patent, under the great seal of the state, signed and countersigned by them respectively, substantially in the following form: Form of patent. To all to whom these presents shall come, greeting : Shall be a corporation. Evidence conclusive and prima facie. WHEREAS, (naming the persons subscribing the articles of association), have filed in the office of the secretary of state, certain articles of association, with a view to forming a corporation, to be known as (here insert name), and with a capital of (here insert amount), for the purpose of constructing, maintaining and operating a railroad from to, and have complied with the provisions of the statutes in such case made and provided; therefore, the state of Wisconsin hereby grants unto the above named persons, and their successors and assigns, full authority by and under their said name of to excercise the powers and priv. ileges of a corporation, for the purposes above stated, and in accordance with their said articles of association, and the laws of this state. In witness whereof, these presents have been attested with the great seal and signed and countersigned by the governor and secretary of state of the state of Wisconsin, at Madison, the day of — in the year one thousand eight hundred and seventy - Secretary of State. Governor. And thereupon, the persons who have so subscribed such articles of association, and all persons who shall become stockholders in such company, shall be a corporation by the name specified in such articles of association, and shall possess the powers and privileges granted to corporations and be subject to the provisions contained in chapter seventy-eight of the revised statutes, except the provisions contained in sections ten to twenty of said chapter, inclusive. SECTION 2. Any patent issued pursuant to the provisions of this act, or a duplicate thereof, shall be conclusive evidence of the existence of such corporation in all actions and proceedings where the question of its existence is only collaterally involved, and prima facie evidence in all other actions and proceedings. The origi |