General Provis SEC. 2. That section seventy of chapter sixteen, of title six Suspension of of the revised statutes, is hereby suspended in its operation, so ions. far as relates to the road mentioned in the foregoing section of this act. SEC. 3. This act shall take effect and be in force from and after its passage. FREDERICK W. HORN, Speaker of the Assembly. DUNCAN C. REED, Approved, March 8th, 1851. President pro tempore of the Senate. NELSON DEWEY. An Act to prevent the killing of Deer in certain months, of the year. The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: Chap. 171 SECTION 1. No person in this State, except Indians, shall when deer to be kill any wild buck, doe or fawn, during the months of Februa- preserved. ry, March, April, May or June. Jation of this SEC. 2. Any person violating any of the provisions of this Penalty for vioact, shall, upon conviction thereof, be fined a sum not more than ten nor less than five dollars and costs of suit. SEC. 3. The penalties prescribed in this act shall be sued act. for and recovered by and in the name of the Overseers of the Fines how rePoor of the town where the offence was committed, in an action covered. to be commenced within three months after the commission of the offence, and shall be applied for the use of the poor of said SEC. 4. This act shall take effect from and after the first day of May next. FREDERICK W. HORN, Speaker of the Assembly. SAMUEL W. BEALL, Lt. Governor and President of the Senate. Approved, March 10th, 1851. NELSON DEWEY. An Act to limit the rate of interest. The People of the State of Wisconsin represented in Senatc nd Assembly, do enact as follows: Chap. 172 seven per cent. per annum. SECTION 1. The rate of interest upon the loan or forbearance of any money, goods or things in action shall be seven dollars upon one hundred dollars for one year, and after that rate Rate of interest for a greater or less sum, or for a longer or shorter time. Provided, that it shall be competent for parties to contract for the payment and receipt of a rate of interest not exceeding twelve dollars on the one hundred dollars as aforesaid, in which case, Proviso. Limiting clause. exceeded, the person paying may recover such rate (exceeding seven dollars on the one hundred dollars) shall be clearly expressed by agreement in writing. SEC. 2. No person or corporation shall directly or indirectly, take or receive in money, goods or other things in action, or in any other way, any greater sum or greater value, for the loan or forbearance of any money, goods or things in action than is above prescribed. SEC. 3. Every person, who, for any such loan or forbearWhen limit is ance, shall pay or deliver any greater sum or value than is above allowed to be received, and his personal representative, may recover in an action against the person who shall have taken or treble the am❜t. received the same, and his personal representatives, treble the amount of the money so paid or value delivered, above the rate aforesaid, if such action shall be bronght within one year after such payment or delivery. legal notes to be void. SEC. 4. All bonds, bills, notes, assurances, conveyances, all other contracts or securities whatsoever, (except bottomry and respondentia bonds and contracts) and all deposits of goods or Contracts for il- other things whatsoever, whereupon or whereby there shall be reserved or taken, or secured,or agreed to be reserved or taken, any greater sum or value, for the loan or forbearance of any money, goods or other things in action,than is above prescribed, shall be void, but this act shall not effect contracts made previous to the time this act shall take effect. Persons offend-] SEC. 5. Every person offending against the provisions of this act shall be compelled to answer on oath any bill that may be exhibited against him in the court of chancery in the proper ing to answer County, for the discovery of any sum of money, goods or things in action so taken, accepted or received in violation of the foregoing provisions, or either of them. on oath. Borrower need interest. SEC. 6. Whenever any borrower of any money, goods or things in action, shall file a bill in chancery for a discovery of not offer to pay the money, goods or things in action, taken or received in violation of either of the foregoing provisions, it shall not be neces sary for him to pay or offer to pay any interest whatever on the sum or thing loaned; nor shall any court of equity require or compel the payment or deposit of the principle sum, or any part thereof, as condition of granting relief to the borrower, in any case of usurious loan forbidden by this act. SEC. 7. Whenever in an action at law or suit in equity, the Defendant may defendant shall plead the defence of usury, and shall verify the examine plain truth of his plea by affidavit, he may, for the purpose tiff in a plea of usury. of prov ing the usury, call and examine the plaintiff or complainant as a witness, in the same manner as parties by law can now be made witnesses, and if the plaintiff or complainant shall fail to present himself as a witness, on due notice to him or his attor ney, or give his deposition, the defendant shall be a competent witness to prove the usury. shall declare se SEC. 8. Whenever it shall satisfactorily appear to a court, When Court that any bond, bill, note, assurance, pledge, conveyance, con- curities void. tract, security, or any evidence of debt has been taken or received in violation of the provisions of this act, the court shall declare the same to be void, and enjoin any prosecution thereon, and order the same to be delivered up and cancelled. FREDERICK W. HORN, Speaker of the Assembly. DUNCAN C. REED, President pro temporeof the Senate. Approved, March 10th, 1851. NELSON DEWEY. An Act to authorise Napoleon B. Millard and A D. Bonesteel to build and maintain a [dam] across the Little Wolf River. The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. That Napoleon B. Millard and A. D. Bonesteel, their associates, successors and assigns, are hereby authorized to construct and maintain a dam across the Little Wolf river at their present mill site, about two and a half miles above Grignon's mill. Chap. 173 How slide to be SEC. 2. The said dam may be so constructed as to give ten feet head, and the owner or owners thereof shall build and keep constructed. in good condition a sufficient slide, not less than thirty feet wide and so constructed as not to cause a fall of more than three feet to every twelve feet of surface, to admit of the passage of rafts and timber down said stream. Penalty for wil SEC. 3. Any person or persons committing any malicious injury to said dam, shall be liable to the owner or owners thereof for the amount of injury done, and all damages sustained may be collected before any court having competent jurisdic- ful infry to dam tion, and in accordance thereto, upon conviction therefor, be punished in the manner provided by law for offences of that nature. SEC. 4. This act may be altered, amended or repealed by any subsequent legislature. FREDERICK W. HORN, Speaker of the Assembly. DUNCAN C. REED, President pro tempore of the Senate. Approved, 11th, 1851. NELSON DEWEY. Chap. 174 An Act to authorise the laying out offa State Road in Sauk County. The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. That Lorenzo B. Needham, James Taylor and Commissioners George Mertons, are hereby appointed commissioners to lay out appointed to lay and establish a State road from King's tavern in the town of Kingston, by the way of Leland's mill, to the State road at or near the residence of Jonathan Harris in the town of Honey Creek, in the county of Sauk. County supervi services. SEC. 2. The commissioners appointed under the provisions sers may pay for of this act shall, upon the performance of the work, be entitled to such compensation for their services, as the Supervisors of the county shall allow to be paid out of the county treasury : Provided, no money shall be paid out of the State treasury for the same or any part thereof. Proviso. FREDERICK W. HORN, Speaker of the Assembly. DUNCAN C. REED, President pro tempore of the Senate. Approved, March 11th, 1851. NELSON DEWEY. Chap. 175 Commissioners tions. An Act to incorporate the Madison and Swan Lake Railroad Company. The People of the State of Wisconsin represented in Senate and Assembly do enact as follows: SECTION 1. That Leonard J. Farwell, Simeon Mills, J. Sprague Pardee, George P. Delaplaine, Moses Kneeland, J. C. Fairchilds, Joseph Utley, Yates Ashley, William T. Bradley, James D. Ruggles and Archibald Tredway be and they are appointed to re. hereby appointed commissioners, under the direction of a maceive subscrip- jority of whom, subscriptions may be received to the capital stock of the Madison and Swan Lake railroad company hereby incorporated, and they may cause books to be opened at such times and places as they may direct, for the purpose of receiving subscriptions to the capital stock of said company, first giving sixty days' notice of the times and places of taking such subscriptions, by publishing the same weekly in a public newspaper published in the county of Columbia, also a newspaper published in the county of Dane. SEC. 2. The capital stock of said company shall be five hundred thousand dollars in shares of one hundred dollars each, and as soon as three hundred shares of stock shall be subscribed, grant of corpor- and five dollars on each share actually paid in, and a statement shall be deposited with the Treasurer of Dane county, au Conditional ate powers. thenicated by the oath of the Secretary, and two or more of said commissioners, that such subscriptions and payments have in good faith been made, the subscribers of such stock, with such other person as shall associate with them for that purpose, their successors and assigns, shall be and they are hereby declared and created a body corporate and politic, by the name and style of the "Madison and Swan Lake railroad company,' with perpetual succession, and by that name shall have all the privileges, franchises and immunities incident to a corporation; they shall be capable in law of purchasing, holding, selling, leasing and conveying estate, either real, personal or mixed, negotiating loans, or tsansacting other business incident to a corporate body, so far as the same may be necessary for the purposes hereinafter mentioned, and no further; and in their corporate name may sue and be sued, may have a common seal, which they may alter and renew at pleasure, and generally do all and singular the matters and things which to them it shall lawfully appertain to do, for the well being of said corporation. Commissioners election of di SEC. 3. That the said commissioners or a majority of them, after the said three hundred shares of stock shall have been subscribed as aforesaid, shall give thirty days' notice in the to give notice of newspapers hereinbefore mentioned, of the time and place by rectors them appointed for the subscribers or stockholders to meet for the purpose of electing nine directors, and annually thereafter. the said stockholders shall meet the first Monday in July, for the purpose of electing directors as aforesaid, upon a like previous notice to be given by the directors for the time being, in such newspapers as they may deem advisable: Provided, that proviso. previous to the first election, the commissioners hereinbefore named shall elect one of their number President, and they shall perform all the duties and be invested with all the powers of directors: And provided, that if from any cause an election shall not be held at the regular time specified therefor, the same may be held at any other time on notice as aforesaid, that until such election the directors of the preceding year shall continue to act, and that this charter shall not be avoided by reason of the irregularity or want of such election: And provided also, successors are that in case of vacancy from the death or resignation of any director his place shall be filled by the board of directors. Directors to hold over till qualified, Directors to ap dent. SEC. 4. The affairs of the said corporation shall be managed by a board of nine directors, who shall be chosen annually by ballot, on the days hereinbefore prescribed, by the stockholders point the Presi of the said company, the votes to be delivered in person or by proxy duly authorised, which directors shall appoint one of their own number President, and shall respectively serve for one year, or until other directors be elected; they shall have power |