in the same manner as provided in other cases of failure to answer the complaint, and all such unknown parties as may appear shall be entitled to be made parties to the action, and they may so be made parties by an order of the court, the judge thereof or any court commissioner thereof, and whereupon the attorney of the plaintiff may insert such party's name in the complaint on file, and he shall thereupon become a party to such suit to all intents and purposes, as if he had been made originally a party therein.

SECTION 5. If in such action the court shall order How lands may a sale of such lands, it shall appoint a commissioner for be sold. that purpose, and may in its discretion direct such commissioner to receive in payment of such lands so sold, the said certificates at the amount expressed upon the face thereof if tendered for that purpose by the lawful holder thereof, and thereupon said certificates to be cancelled and delivered to the said company: provided, however, that such certificates shall not be receved in payment upon any purchase or purchases of lands, unless the price therefor bid and to be paid shall be at least twelve dollars per acre in the aggregate: provided, further, that the court shall direct and require the payment of such a per centage of the purchase money of each tract and tracts of land sold, to be paid in lawful money, as it shall deem sufficient to pay the cost and expense of such action, or partition or sale, including reasonable attorney, counsel and commissioner's fees; and the said court is hereby authorized and directed to allow the plaintiff in such action a per centage or sum as it shall deem sufficient to pay the costs and expenses of such action or partition or sale, including attorney and counsel fees, and shall also allow such commissioner such per centage or sum as it shall deem sufficient to pay his costs and expenses and for his ser

vices.

of.

SECTION 6. If any such lands should remain unsold How lands remaining unsold for want of bidders either in lawful money or for such to be disposed certificates, and all of such certificates should not be cancelled, the court may in its judgment in such action, or by a further subsequent judgment or order, make [such] provision for the disposal thereof, as shall discharge the said railroad company from its trust or relation thereto,as shall seem meet for the benefit of the persons interested therein, and may, as it seems advisable, place the same

urchasers to

be seized of the ased in sever

lands purch

lty.

Lands need not be described in subdivisions.

Law of partition to apply to actions.

in the hands of a commissioner or trustee, or trustees, for division, sale or disposal, or otherwise, as shall seem to the court equitable to the parties in interest, and to give authority to make all necessary transfers or conveyance thereof.

SECTION 7. The person or persons purchasing any of said lands and surrendering any of such certificates in payment thereof, shall be seized in fee of the premises so purchased in severalty, and the said company shall be forever discharged from any trust or liability in reference thereto, and such commissioner may give to such purchaser or purchasers certificate or certificates of such sale or sales, and of such purchase or purchases, which shall be received in evidence in any of the courts of this state, and shall be prima facie evidence of the facts therein contained, and shall be prima facie evidence of title in fee of the lands therein described in the person or persons therein named as his or their assigns.

SECTION 8. It shall not be necessary in any advertisement or notice of sale of said lands to describe them by their legal subdivisions into sections or parts of sections, but it shall be sufficient to describe them as two hundred and forty sections or 153,600 acres of land, more or less, granted by congress to aid in the construction of a railroad from Fond du Lac northerly to the state line, being the lands first selected by the Chicago and Northwestern railway company under such grant; but such lands shall not be sold in larger tracts than one section at a time; and provided further, at his option, such commissioner may offer and sell at the same time all the tracts of land in any one section.

SECTION 9. The general provisions of the laws of Wisconsin affecting courts of equity or law in partition cases, shall apply to the action authorized by this chapter, so far as the same are applicable and not inconsistent with the provisions hereof.

SECTION 10. All laws inconsistent with this act are hereby repealed, so far as they contravene the provisions of this act, and no further. This act shall take effect and be in force from and after its passage and publication.

Approved March 2, 1868.

CHAPTER 58.

[Published March 4, 1868.]

AN ACT to amend section one of chapter 136 of the general laws of 1860, entitled "an act to provide and appropriate compensation to the officers of the legislature."

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

SECTION 1. Section one of chapter 136 of the gen- Amended. eral laws of 1860 is hereby amended so as to read as follows: "There is hereby appropriated out of any money in the state treasury not otherwise appropriated, a sum sufficient to pay the per diem of officers of the legislature as follows: To the chief clerks each six dollars; to the assistant clerks and sergeant-at-arms each five dollars; to all other clerks, book-keepers, clerks of standing committees, assistant sergeant-at-arms and postmasters, each four dollars; to the assistant postmasters, door-keepers, firemen, porters, gallery attendants and night watchmen each three dollars and fifty cents; to all messengers each two dollars."

SECTION 2. This act shall apply to the whole time of the present session of the legislature.

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

CHAPTER 59.

[Published March 6, 1868.]

AN ACT to amend sections 10 and 11 of chapter 9 of the revised statutes, entitled "of the legislature."

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

SECTION 1. Section ten of chapter nine of the revised Amended. statutes is amended so as to read as follows: Section

10. The speaker of the assembly shall be entitled to

Amended.

Appropriation.

receive the same compensation allowed to other membors of the legislature for his services as speaker of the assembly; but in case of an extra session of the legislature no extra compensation shall be allowed."

SECTION 2. Section eleven of chapter nine of the revised statutes is hereby amended so as to read as follows: "Section 11. The lieutenant governor shall be entitled to receive double the compensation allowed to members of the legislature, and the same mileage as is paid to members, for his services as president of the senate; but in case of an extra session of the legislature no extra compensation shall be allowed. The secretary of state shall draw his warrant on the state treasurer for the payment of the salary and mileage of the lieutenant governor upon the presentation to him of such certificate as is required in case of a member of the senate."

SECTION 3. There is hereby annually appropriated a sum sufficient, to be paid out of the state treasury, to carry out the provisions of this chapter.

SECTION 4. This act shall take effect and be in force from and after its passage and publication. Approved March 3, 1863.

Construction of

interest.

CHAPTER 60.

[Published March 4, 1868.]

AN ACT to construe sections one and two of chapter 160 of the general laws of 1859, and to amend section two of said chapter.

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

SECTION 1. It was and is the true intent and meanlaws relative to ing of sections one and two of chapter 160 of the general laws, passed in the year 1859, and of all other laws heretofore enacted in this state, prescribing and limiting the rate of interest, that interest should not be compounded or bear interest upon interest unless an agreement to that effect was clearly expressed in writing and signed by the party to be charged therewith.

SECTION 2. Section two of chapter 160 of the gen- Amended. eral laws of 1859, is hereby amended by adding thereto the following: "and in the computation of interest upon any bond, note or other instrument or agreement, interest shall not be compounded, nor shail the interest thereon be construed to bear interest."

SECTION 3. This act shall take effect from and after its passage and publication. Approved March 3, 1868.

CHAPTER 61.

[Published March 4, 1868.]

AN ACT to amend subdivision 2 of section 1 and to repeal subdivision 3 of section 1 of chapter 92 of the revised statutes, entitled "of real property by descent"

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

SECTION 1. Subdivision 2 of section 1 of chapter Amended. 92 of the revised statutes is hereby amended so as to read as follows: "If he shall leave no issue, his estate, real and personal, shall descend to his widow; and if he shall leave no issue or widow, his estate shall descend to his father."

SECTION 2. Subdivision 3 of section 1 of chapter Ibid. 92 of the revised statutes, and all laws conflicting with the provisions of said section 1 as amended, are hereby repealed.

SECTION 3. This act shall take effect and be in force from and after its passage.

Approved March 3, 1868.