ty days after the time appointed for the payment thereof. They shall have power to regulate tolls; to make such covenants, contracts and agreements with any person or persons, or body politic whatsoever, as the execution and management of the works and the convenience and interests of the company may require, and in general to superintend and direct all the operations, receipts, disbursements and other proceedings of the Stoek certifi- company. The commissioners, until the directors are chosen, cates taansfera- shall issue certificates to each stockholder for the number of shares he or she shall subscribe for or hold in said corporation, signed by the President and countersigned by the Secretary, subject to all the payments due and to become due thereon; which stock shall be transferable in person or by attorney, executors, administrators, guardians or trustess, under such regulations as may be provided by the by-laws of said company. ble. construction, SEC. 6. The said company shall have power to locate and construct a single or double track plank road from such eligi ble point in the city of Milwaukee, to Humbolt in the county of Milwaukee, from thence to intersect at the most convenient point with the Fond du Lac plank road, as shall be determined on by a vote of the stockholders having a majority of the stock Of location and of said company, and who shall be represented in person or by proxy, at a special meeting called for the purpose of fixing the location or termination of said road, and they shall have power to erect all such toll houses, bridges and other works and ap pendages as may be necessary for the convenience of said company in the use of said road. The directors shall exercise all powers conferred on them by law, shall audit and pay all ac counts; give and receive all such receipts and discharges of debt as shall be deemed best for the interest of said company; Powers of Di- fix the compensation and salary of the officers they may appoint, and meet at such times and places as they may prescribe in the by-laws to be enacted by them. They may appoint and remove all officers at pleasure; prescribe the meeting of the stockholders, and declare and pay the dividends, or so much of the surplus profits of the company, as they shall deem advisable, which may accrue on the shares of the said stock to the stockholders of said company, on the first Monday of July and January of each year. rectors. pur SEC. 7. It shall and may be lawful for said company, their officers, engineers and agents, to enter upon any lands for the pose of exploring, surveying and locating the route of said plank road, doing thereunto no unnecessary damage, and when said Occupation of route shall be determined by the said company, it shall be lawful for them, their agents, officers, engineers, contractors and servants, at any time to enter upon, take possession of and use Lauds such lands for the purposes of said road, not exceeding four rods in width, along the line of said route, subject, however, to the payment of such compensation as the company may have agreed to pay therefor, or as shall be ascertained in the manner hereinafter directed and provided for. summoned to assess damages. SEC. 8. When the said corporation cannot agree with the owner or owners of any land, gravel, stone or other material required for the construction of said road, for the purchase thereof, or the compensation to be paid therefor, or when by reason of the absence or legal incapacity of the owner or owners, no such agreement or purchase can be made, then and in any such case, it shall be lawful for any justice of the peace of the county in which the property may lie, to issue his warrant, directed to the sheriff or any constable of said county not directly interested, requiring him to summon a jury of nine freeholders of said county, not interested in said property, to meet when jury to be at some convenient place at or near the property to be valued, on a day in said warrant named, not less than five, nor more than ten days from the date of said warrant; and if, at the time and place named, any of the persons so summoned do not attend, the said sheriff or constable shall immediately summon as many as may be necessary with the persons in attendance as jurors, to furnish a pannel of nine jurors, and from them the said company and the owner or owners of the property to be valued, their agent or attorney, or either of them, and if they are not present in person or by attorney, the sheriff or constable shall for him or her, strike off each two of said jurors, and the remaining five shall act as a jury of inquest of damages, and before they act as such, the said sheriff or constable shall administer to each of them an oath or affirmation, that he will faithfully and impartially value the lands or materials required for said road, and all damages which the owner or owners shall sustain by reason of the construction of said road, taking into consideration the advantage the same will be to the owner or owners, according to the best of his skill and judgment, whereupon the said jurors shall proceed to view the said land or ma terial so required, and to hear the evidence of the respective District Clerk to file proceed. parties, which the said jurors shall reduce to writing, which ing. shall be signed by all, or a majority of said jurors, and by the sheriff or other officer in attendance, and the said officer shall within five days thereafter, transmit the same to the clerk of the district court of the proper county, who shall file the same. Such inquisition shall describe the property taken or to be taken, or the boundaries of the land in question, and the value thereof, as aforesaid, and such valuation when paid, together with the costs of such inquisition, or tendered to the owner or tle. Proviso. owners, or deposited with the said court, shall entitle the said company to the estate and interest in the same thus valued, as Perfection of ti- if it had been conveyed by the owner or owners thereof in fee simple: Provided, That it shall not be lawful for any such jury of inquest to proceed in the valuation of any such property or material in the absence of the owner or owners thereof, his, her, or their legal representatives, unless it be made to appear, by affidavit, that such owner or owners have had at least five days notice of the time and place of meeting, for the purpose of making such valuation, or unless it shall in like manner be shown that such owner or owners are absent from the county, and if such owner or owners are under age, or non compos mentis, the service of notice upon the guardian or trustee, (if there be any) or their absence from the county shall be required to be established by affidavit to the said jurors, before they shall proceed to make such valuation: Provided further, That in case of such disagreement, the company shall not take possession of any land or material, until said jury shall have first decided that the taking thereof is necessary, and in the case of materials that the same are not essentially necessary to the owner or owners thereof, for his, her, or their private and prop res personal property. er use. SEO. 9. The shares of stock of the corporation shall be deemed personal property, and every person becoming a shareholder by transfer, purchase, or otherwise, of shares of said stock, shall succeed to all the rights and liabilities of the prior holder of said share or shares, and the said shares shall be liable to be taken in execution for the payment of the debts of their owners in such manner as is or may be provided by law: Provided, That all debts due said company shall be first paid. Whenever the route of said road follows the line of any public highway, the said company shall not take possession of the said highway until the commissioners of highways for the town through which it passes shall have given their written consent, which shall be recorded in the town Clerk's office, or if the said commissioners refuse to give their consent, the damages bisedamages, to the town shall be appraised or ascertained as in the case of how appraised private property, and the amount so appraised for each highway so taken, shall be paid to the said commissioners of the town to which it belongs, to be by them applied in improving the roads in such town. SEC. 10. The directors may erect toll-gates and exact toll from persons travelling on their road, whenever two consecutive miles are finished, or when the whole road is completed, not exceeding two cents a mile for every vehicle, sled, sleigh, or carriage drawn by two animals, and if drawn by more than two animalsy one cent a mile for every additional animal. For gigke every vehicle, sled, sleigh or carriage drawn by one animal, one Rates of Tell, cent a mile. For every score of sheep or swine three cents a mile, and for every score of neat cattle four cents a mile; Provided, That persons going to and returning from military pa. rade, at which they are required by law to attend, and persons Provise. going to or returning from funerals, shall be exempt from toll, and no toll shall be exacted of any person or persons while actually going to or returning from any religious meeting on Sunday. SEC. 11. If any person shall wilfully and knowingly obstruct, break, injure, or destroy the plank road so to be constructed by said company, or any part thereof, or any work, building or fixture attached to, or in use upon the same, belonging to said company, such person or persons so offending shall each of them, for every such offence be liable in a civil suit for the recovery of damages by said company, by an action of Penalty for wil debt. in any court having competent jurisdiction in the county wherein the offence shall have been committed, and shall also be subject to indictment and upon conviction shall be punished by fine and imprisonment, or either, at the discretion of the court. ful injury. increased. SEC. 12. The directors of said company at any annual or special meeting of the stockholders, with the consent of a majority of amount of such stockholders, provide for such in-stock may be crease of the capital stock of said company as may be found necessary to complete said road, in such sections as may have been actually commenced but remain in an unfinished state for want of means for completing the same. SEC. 13. If said company shall violate any of the privileges hereby granted, the legislature of the State of Wisconsin may resume all and singular the rights and privileges vested in said company by this act. SEC. 14. Said company shall be liable for all damages that may be sustained by any person or persons in consequence of Liability the omission or neglect to keep said road in good repair and condition. SEC, 15. This act may be altered or amended by any future Legislature of the State of Wisconsin. GEO. H. WALKER, Speaker of the Assenbly pro tempore. Lt. Governor and President of the Senate. Approved, February 27th, 1851, NELSON DEWEY. 20 Chap. 112 0 An Act to change the name of Sarah Rape to Sarah Vreman. 807) f The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. The name of Sarah Rape is hereby changed to Sarah Vroman. SRO. 2. This law shall take effect from and after its passage. Speaker of the Assembly pro tempore.. Lt. Governor and President of the Senate. Approved, February 27th, 1851. NELSON DEWEY. Chap. 113 Provise. An Act to amend an act entitled "an Aot to incorporate the Wisconsin, Bridge Com pany. The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: SECTION 1. Section four (4) of the act to which this is amendatory, is hereby amended by striking out the words "range six (6)" when they occur in said section and inserting the words "range seven (7)." SEC. 2. Section five (5) of said bill is hereby amended so as to authorise said company to constract said bridge of the height of thirty feet or less: Provided, That if it be constructed of a height less than thirty feet, said company shall construct and attend a suitable draw in said bridge so as to permit the free passage of boats and rafts at all times without unnec essary delay. SEC. 3. The said company shall not by the erection of any Channel to be abutment or pier in said bridge divert the water from its natural channel. preserved, GEO. H. WALKER, Speaker of the Assembly pro tempore. SAMUEL W. BEALL, Lt. Governor and President of the Senate. Approved February 27th, 1851. NELSON DEWEY. Chap. 14 An Act to extend the Eastern boundary of Portage County. க The People of the State of Wisconsin represented in Senate and Assembly do enact as follows: SECTION 1. Towns twenty.one, twenty-two, twenty-three, twenty-four and twenty-five of range ten east are hereby an |