Duty of town clerk.

of the school fund as said town would have been enti. tled to if district number one thereof had maintained a school by a qualified teacher for five months during the year ending August 31st, 1867.

SECTION 2. The town clerk of said town of Preston in apportioning school moneys to the several districts of said town for the year 1868, shall apportion to school district number one the full amount which the number of children over four and under twenty years of age, as returned in the report of the district clerk for the year ending August 31st, 1867, would have drawn if said district had maintained a school by a qualified teacher five months during said year, as required by

law.

SECTION 3. This act shall take effect and be in force from and after its passage and publication. Approved February 29, 1868.

CHAPTER 55.

[Published March, 6, 1868.]

AN ACT to organize the county of Dallas and locate the county seat thereof.

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

SECTION 1. From and after the first day of January, one thousand eight hundred and sixty nine, the county of Dallas shall be organized for county and judicial purposes.

SECTION 2. The said county of Dallas shall remain one town, to be known as Dallas, until the board of supervisors of said county shall divide the same into other and more towns.

SECTION 3. There shall be elected in said county of Dallas on the first Tuesday of November, in the year one thousand eight hundred and sixty eight, by the qualified electors of said county at the general election, all the town officers now required by law to be elected in the towns of this state, who shall qualify and enter

upon the duties of their several offices within ten days after the firs day of January, one thousand eight hundred and sixty nine, and hold their respective offices until their successors are duly elected and qualified. The said election shall be held on section number twenty six, in township number thirty four north, of range number twelve west of the fourth principal meridian.

appoint county

SECTION 4. Before the first day of January, one Governor shall thousand eight hundred and sixty-nine, the governor officer shall appoint in and for said county all the county officers except a county judge, now required by law, who shall qualify and enter upon their duties within ten days after the first of January, one thousand eight hundred and sixty-nine, and continue in the same until their successors are chosen at the general election of one thousand eight hundred and sixty nine and duly qualified. The governor shall, on or before the said first day of January, one thousand eight hundred and sixty-nine, appoint a county judge in and for said county, who shall qualify and enter upon the duties of his said office at the same time the other county officers, to be appointed by the governor, enter upon the duties of their several offices; and the said county judge shall hold his office until his successor is elected at the annual town meeting in April, one thousand eight hundred and sixtynine.

circuit court.

SECTION 5. The terms of the circuit court in and Terms of the r said county shall be held on the last Monday of ebruary and the last Monday in August in each and every year.

cated.

town officers,

SECTION 6. The county seat of said county shall County seat lebe and hereby is located on section number twentysix, in township number thirty-four north, of range number twelve, west of the fourth principal meridian. SECTION 7. If from any cause the election of town In case of failofficers in said county does not take place at the times ure to elect herein named, such elections may be held at any time special election before the first day of January, one thousand eight hundred and sixty-nine, to be designated by a resolution of the town board of supervisors of the town to which the county of Dallas is now attached, to be posted in three separate public places in said county, at least ten days before such election.

may be called.

SECTION 8. All acts and parts of acts conflicting with this act are hereby repealed so far as they apply to Dallas county.

Approved March 2, 1868.

CHAPTER 56.

[Published March 3, 1868.]

Amended.

Proviso.

AN ACT to amend section one of chapter one hundred and twelve of the general laws of 1867, entitled "an act for the limitation of tax certificates."

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 twelve of the general laws of 1867, entitled "an act for the limitation of tax certificates," is hereby amended so as to read as follows: "From and after six years from the day of sale of any lands or lots heretofore sold or hereafter to be sold for the non-payment of taxes by any officer of any county, city or village, no deed shall be issued on the certificate or certificates of sale issued on such sale, and no action, either at law or in equity, shall be commenced on such certificate after the expi ration of six years from the said day of sale: provided, that the provisions of this section shall not apply to certificates owned by counties or municipal corporations, or by their assignees, until the expiration of six years from the date of assignment of such certificate; and provided further, that when the issuing of a deed on a tax certificate or certificates, or the commencement of an action on such certificate shall be stayed by injunctions, the time of the continuance of such injunction shall not be part of the time limited for the issuing of such deed or for the commencement of such action.

SECTION 2. This act shall take effect and be in force from and after its passage and publication. Approved March 2, 1868.

CHAPTER 57.

[Published March 6, 1868.]

AN ACT to amthorize the Chicago and Northwestern railway company to execute a certain trust.

WHEREAS, In 1859 or thereabouts, the Chicago and Northwestern railway company issued to divers persons aiding in the construction of its railroad from Fond du Lac northerly, convertible land grant certificates, entitling the holders thereof to receive 240 sections or 153,600 acres of land, which the said company should receive on the completion of the first 20 miles of its railroad northerly from the city of Fond du Lac; and

WHEREAS, Such certificates entitled the holder thereof to receive such a proportionate share of said lands as the amount of money for which the same was given and expressed therein bore to $1,840,000 appraised value thereof; and

WHEREAS, The said company has completed said 20 miles of road and received such lands; and

WHEREAS, The owners and holders of many of these certificates are unknown and cannot be ascertained, therefore, for the purpose of enabling said company to make an equitable disposition of such lands among the holders of such certificates respectively,

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

pany may pros

SECTION 1. The said Chicago and Northwestern Railroad comrailway company may institute and prosecute an action ecute actions in or actions in the circuit court of any county of this state circuit courts. for a division and partition or sale of the lands for which such certificates were issued according to the re spective rights of the parties interested therein, and said court may order such partition or a sale of such lands as hereinafter provided, if it shall appear that a partition cannot be made without prejudice to such parties. SECTION 2. If the owners or holders of any such Unknown holdcertificates are unknown, such owners or holders may cates may be made parties be made party defendants under the style of "the un- defendant. unknown owners of certificates issued by the Chicago

ers of certifi

and Northwestern railway company, in two hundred and forty sections of land granted by congress to the state of Wisconsin to aid in the construction of a railroad from Fond du Lac northerly to the state line."

SECTION 3. If any of the holders of such certificates der defendants or persons having an interest in such lands are

Court may or

to appear.

un

known, or if either of the known holders thereof or persons so interested or parties defendants reside out of the state or cannot be found therein, and such facts be made to appear to the court in which such action is pending, or to the judge or court commissioner thereof, by affidavit, an order may be made by such court, judge thereof or court commissioner, requiring such person or persons or defendants to appear and answer the complaint by a day certain, in such order to be specified,or stand defaulted, and requiring the summons in such action, together with the following notice thereto, with blanks properly filled, viz; "Take notice, that this acForm of notice. tion is brought to make a partition or sale of 240 sections, or 153,600 acres of land, which was received by the Chicago and Northwestern railway company for the construction of twenty miles of its railroad northerly from Fond du Lac, and for which land said company issued convertible land grant certificates, and that pursuant to an order, duly made according to law, you are hereby required to appear and answer the complaint in said action, on or before the day of A. D., 186-, or you will stand defaulted. Dated A. D., 186—. To (here naming those who are not served with process)," to be either personally served upon such defendants or published in such paper or papers as shall therein be designated, and for the length of time to be designated in such order, and upon due proof of personal service or publication of such summons and notice as aforesaid, jurisdiction shall be acquired of all such defendants, and upon their failure to appear and answer, as required by said order, they shall stand defaulted.

When judgment may be

fault of answer.

SECTION 4. The proof of personal service or of the entered in de- publication of such summons and notice as required by said order shall authorize the court to proceed to final judgment against all such unknown parties and persons not resident in this state, or not found therein, as shall not appear and answer by the day mentioned in the order, or on such future day as the court may appoint,