An act amendatory of the act entitled "Of wills of real and personal prop- Chap. 47.

erty."

THE People of the State of Wisconsin represented in Senate and Assembly, do enact as follows:

unless in writ

SECTION 1. No will made within this state, except such nuncu- No will shall pative wills as are mentioned in section numbered six, of chapter be effectual sixty-six of the Revised Statutes, shall be effectual to pass any estate, whether real or personal, nor to change or in any way affecting. the same, unless it be in writing, and signed by the testator, or by some person in his presence, and by his express direction, and attested and subscribed in the presence of the testator by two or more competent witnesses, and if the witnesses are competent at the time of attesting the execution of the will, their subsequent incompetency, from whatever cause it may arise, shall not prevent the probate and allowance of the will, if it be otherwise satisfactorily proved.

SEC. 2. The preceding section shall be regarded and construed as section five of chapter sixty-six of the Revised Statutes. MOSES M. STRONG,

Speaker of the Assembly,

SAMUEL W. BEALL,

Lt. Governor, and President of the Senate.

Approved, February 1, 1850.

NELSON DEWEY.

An act to provide for recording patents.

THE People of the State of Wisconsin represented in Senate and Assembly, do enact as follows:

Chap. 48.

SECTION 1. Patents issued by the government of the United Patents may States, of land lying in this state, shall be allowed to be recorded be recorded. in the office of the register of deeds in the county in which the land for which the patent may have been issued, shall be situated: Provided, That nothing herein contained shall make it obligatory upon the holders of such patent, to have them recorded.

SEC. 2. The record of patents of the United States, so record- Record receiv ed, shall be admitted to be read in evidence in the courts of this ed as evidence. state, in the same manner and with the same effect as is now al

lowed by law to records of deeds duly executed.

SEC. 3. The register of deeds shall be allowed the same fees Fees for recor for recording patents as is now allowed by law for recording deeds. ding.

MOSES M. STRONG,

Speaker of the Assembly,

SAMUEL W. BEALL,

Lt. Governor, and President of the Senate.

Approved, February 1, 1850.

NELSON DEWEY.

Chap. 49. An act supplementary to the several acts relating to the Milwaukee and Wan

-pany changed.

:1.

kesha rail road company, approved February 11th, 1847.

THE People of the State of Wisconsin represented in Senate and Assembly, do enact as follows :

SECTION 1. The second section of the act to incorporate the Name of com- Milwaukee and Waukesha rail road company, is hereby so amended as to change the name and style thereof, and it is hereby enacted that said corporation, shall hereafter be known by the name and style of the "Milwaukee and Mississippi rail road company,' and whenever the former name shall occur in any law, or proceeding, the latter name shall be substituted, and understood therefor; and further, the affairs of said corporation shall be managed by a Number of di- board of not less than nine, nor more than fifteen directors, as may rectors fixed. be provided by the by-laws of said company from time to time, instead of nine directors as provided by the fourth section of the act to which this is amendatory, and said section is hereby so amended.

lands.

Company may SEC. 2. It shall be lawful for said company, their officers, enenter upon and gineers and agents, to enter upon lands adjacent to the rail road make use of beyond the limits of four rods, in the manner provided in the tenth section of said act, when necessary for the purpose of erecting depot buildings, station-houses, and necessary fixtures for the operation of the business of said road, and for the purpose of making drains and giving a proper direction to water courses, across or along said road, when the same are necessary beyond the said limits of said road, and to remove all substances and things which might endanger, obstruct, or interfere with the free use of said qe road, and to deposit earth and gravel taken from deep cuts, and to obtain earth, gravel, and other materials for embankments, and structures, necessary to the construction and repairs of said road, doing however no unnecessary damage, and all damage which shall be done to any lands, or property, under the provisions of "this section, shall be ascertained and paid for in the manner and agreeable to the provisions contained in the eleventh section of the said act, and when such damages shall have been paid, or tendered, the title to the land occupied by such building, fixtures, excavations and embankments, shall vest in fee simple in said compahy agreeable to the provisions contained in the twelfth section of the act aforesaid.

Rail road con- Sec. 3. In cases where said rail road may cross, or come in pany may con- contact with any public or private road, so as to occupy any part struct their of such road, it shall be lawful for said company to construct said road across or rail road, across or upon such road, after altering and putting the

upon other roads.

same in as good condition as before, and for that purpose, the said company shall previous to occupying any part of such road, construct a new road, in part, or in whole, as may be necessary, on ground adjacent to such road, and in every respect complete such newly constructed road, or part of a road, and put the same in as good repair and condition as the road, so interfered with, was

previous to the disturbance and occupancy thereof by said company.

be

or.

How punished.

SEC. 4. Any person who shall wilfully and maliciously place Persons injurany obstruction or thing on the track of said road, or shall remove, ing road guilty of misdemean. or dainage any part thereof, in such a manner that the cars may impeded or thrown off the track, shall be deemed guilty of a misdemeanor, whether such accident shall actually take place or not, and shall be punished for every such offence by imprisonment in the state prison for a term not less than one year, nor more than five years, at the discretion of the court, and in case any damage shall result from the placing of such obstruction, or injury to said road, said party shall be liable to pay all such damage to said company, and to any other person who may be damaged thereby, and in case any accident shall happen in consequence of placing such obstructions, or in consequence of breaking or injuring said road whereby death may be produced, the party so offending shall be adjudged guilty of murder in the first degree, and shall be punished agreeable to the law in such case made and provided.

MOSES M. STRONG,

Speaker of the Assembly,

SAMUEL W. BEALL,

Lt. Governor, and President of the Senate.

Approved, February 1, 1850.

NELSON DEWEY.

An act to provide for the incorporation of Orphan Asylums.

THE People of the State of Wisconsin represented in Senate and Assembly, do enact as follows:

Chap. 50.

Five or more

persons

may

SECTION 1. Any five or more persons in any county in this state desirous of forming a corporation for the purpose of estab; lishing and maintaining an asylum for the support and education make certifi of orphans, may make, sign, and acknowledge before some officer cate. authorized to take the acknowledgement of deeds, a certificate in writing, in which shall be stated the name of such corporation, the number of officers and their names, who shall manage the concerns of said corporation for the first year, and the name of the city, village or town, and county, in which such asylum is to be established.

SEC. 2. Such certificate shall be filed in the office of the register of deeds of, the county in which such asylum shall be estab lished, and a duplicate thereof, shall be filed in the office of the secretary of state.

Certificate

how filed.

SEC. 3. The corporation so established shall be invested with and entitled to all the powers and privileges, and be subject to all Powers, &c., the liabilities prescribed in chapter fifty-four of the Revised Stat- of corporation. utes, entitled general provisions relating to corporations," so far

6

as the same may be applicable.

X9

may receive

SEC. 4. It shall be lawful for such corporation to receive do- Corporation nations and bequests and to apply the same for the purposes afore- donations, & c

Religious test

said, and the proper authorities of any town, village, city or county, are hereby authorized to make such appropriations for the benefit of said institution as they shall from time to time deem right and proper.

SEC. 5. No political or religious test shall ever be required as not required. a qualification for office or for admission to the benefits of the asylum.

SEC. 6. Said corporations shall have power to hold real esMay hold real tate, as provided by law, and may sell and convey the same whenever they may deem [it] proper, and as provided in cases of other corporations.

estate.

MOSES M. STRONG,

Speaker of the Assembly,

SAMUEL W. BEALL,

Lt. Governor, and President of the Senate.

Approved, February 1, 1850.

NELSON DEWEY.

Chap. 51. An act for the relief of joint school district number seven of the towns of Sul

Clerk author

livan and Palmyra, in the county of Jefferson.

THE People of the State of Wisconsin represented in Senate and Assembly, do enact as follows:

SECTION 1. The clerk of joint school district No, seven, in ized to renew the towns of Sullivan and Palmyra, in the county of Jefferson, is a tax warrant. hereby authorized and empowered to renew a tax warrant issued by the trustees of said district. under and by virtue of an act for that purpose, approved August 8th, 1848.

Treasurer

to

SEC. 2. The treasurer of said district is hereby authorized to collect the amounts now remaining unpaid upon the list to which said warrant was annexed, and returns thereof make in the manmake returns. ner now prescribed by law for the collection of school district

collect and

taxes.

MOSES M. STRONG,

Speaker of the Assembly,

SAMUEL W. BEALL,

Lt. Governor, and President of the Senate.

Approved, February 1, 1850.

NELSON DEWEY.

Chap. 52. An act to extend the time for collecting taxes in the town of Madison, Dane

County.

THE People of the State of Wisconsin represented in Senate and Assembly, do enact as follows:

SECTION 1. The time for collecting the taxes in the town of Time extended Madison, Dane county, is hereby extended to fifteen days beyond fifteen ays. the time now required by law, and the treasurer of said town shall have the same right to levy on property and sell the same within

said time, so extended, as is now allowed by law for such purpo

ses.

SEC. 2. This act to take effect from and after its passage.

MOSES M. STRONG,

SAMUEL W. BEALL,

Speaker of the Assembly,

Lt. Governor and President of the Senate,

Approved, February 1, 1850.

NELSON DEWEY.

An act to amend section five, of chapter one hundred and thirty-one, of title Chap. 53. twenty-nine of the Revised Statutes of the State of Wisconsin.

THE People of the State of Wisconsin represented in Senate and Assembly, do enact as follows:

SECTION 1. All the powers conferred upon Judges of Probate as Court Commissioners, in the act to which this is amendatory, are hereby conferred upon Court Commissioners.

SEC. 2. Court Commissioners shall be entitled to receive the same fees and compensation for services rendered, as are allowed to Judges of Probate acting as Court Commissioners by the act to which this act is amendatory.

MOSES M. STRONG,

Speaker of the Assembly,

SAMUEL W. BEALL,

Lt. Governor, and President of the Senate.

Approved, February 5, 1850.

NELSON DEWEY.

An act to change the time of holding the January term of the Supreme Court. Chap. 54.

THE People of the State of Wisconsin represented in Senate

and Assembly, do enact as follows:

SECTION 1. That so much of section two, chapter eighty-two,

part three, title twenty-two, of the Revised Statutes, as requires a Time changed January term of the Supreme Court to be held at Madison, in to December. the Supreme Court [Room] each year, be and the same is hereby repealed, and hereafter there shall be held in the Supreme Court Room, at Madison, a term of the Supreme court in December of each year, commencing on the second Tuesday,and shall be called the December term.

MOSES M. STRONG,

Speaker of the Assembly,

SAMUEL W. BEALL,

Lt. Governor, and President of the Senate.

Approved, February 5, 1850.

NELSON DEWEY.