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politic by the name of the Milwaukee Gas Light 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 contracting and being contracted with, suing and being sued, defending and being defended, in all courts and places; they shall be capable in law of purchasing, holding, selling, leasing and conveying estate, either real, personal, or mixed, so far as the same may be necessary and proper for the construction, extension, management and usefulness of the works of said company, and for the good government of the same; they may have a common seal, and may alter the same at pleasure.
Section 2. The capital stock of said company shall be one hundred and fifty thousand dollars, in shares of fifty dollars each.* The affairs of said company shall be managed by a board of five directors, who shall be chosen by ballot; and each share of stock shall be entitled to one vote; the votes to be delivered in person or by proxy, duly authorized; and for the purpose of electing the first directors, the persons named in the preceding section, or a majority of them, shall give ten days' notice in two daily papers, printed in the city of Milwaukee, of the time and place by them appointed, for the subscribers or stockholders to meet for the purpose of electing directors, which directors shall appoint one of their number president; and annually thereafter, on the first Monday in July, the stockholders shall meet for electing directors, as aforesaid: Provided, that none but stockholders shall be elected directors. And, “provided, always, that at any time the board of directors, for the time being may, and they are hereby authorized, by resolution, which shall be spread upon the records of the company, to add to the number of the directors of said company any number, so that the whole number of directors shall not in any case exceed nine."
Section 3. A majority of said board shall constitute a quorum for the transaction of business. They shall have power to appoint a secretary and treasurer, and such other officers and agents as may be deemed necessary, to make and prescribe such by-laws, rules, orders, and regulations, respecting the management, control and disposition of the stock, property, and affairs of said company, as they may deem proper, not inconsistent with the constitution and laws of the United States, or of this state, to make such covenants, contracts, and agreements, with any person or persons, co-partnership or body politic whatsoever, as the execution and management of the works, or the convenience and interest of the company may require.
* The capilal stock was increased to $100,000 by chapter 286. laws o! 1857, approved March 6; and again the directors were authorized to issue stock until amount should be increased to $800,000, by chapter 19, laws of 1869, approved February 15. By chapter 145, laws of 1883 permission was granted to increase the capital stock to $1 500,000. By chapter 105, laws of 1893, the company is authorized to manufacture and dispose of all its residual products, and chapter 376, laws of 1895, permits it to extend its mains to Wauwatosa.
† Proviso added to section 2, by chapter 44, Private and Local Laws of 1859.
Section 4. The said company shall have power and full and exclusive authority to manufacture, make, and sell gas to be made from any and all the substances, or a combination thereof, from which inflammable gas is obtained, for the purpose of lighting the city of Milwaukee, or the streets thereof, or any buildings, manufactories, public places or houses therein contained, and to erect all necessary works and apparatus, and to lay pipes for the purpose of conducting the gas in any of the streets, avenues, commons, lanes or alleys in said city; provided, that no permanent injury shall be done to any street, highway, lane or alley in said city, agreeably to the terms and conditions of a contract now existing between the city of Milwaukee and John Lockwood, entered into on the sixth day of June, A. D. 1851, a certified copy of which contract shall be placed on file in the office of the secretary of state.
Section 5. If said corporation shall not, within the time prescribed by said contract, complete the construction of said gas works, so far as to put the same in operation, then the rights and privileges and powers of said corporation, under this act, shall cease, and be null and void.
Section 6. If, from any cause, an election for directors shall not be held at the time specified therefor, the corporation, for that reason, shall not be dissolved, but it shall be lawful, on any other day to hold an election for directors as shall be provided for in the by-laws of said corporation, and until such election, the directors of the preceding year shall continue to act, and all their doings shall be binding upon said corporation until their successors shall be elected.
Sertion 7. If any person shall wilfully do, or cause to be done, any act or acts whatsoever, to injure any machine, pipe, or structures whatsoever, or anything appertaining to the works of said corporation, whereby the same may be stopped, obstructed or injured, the person or persons so offending, shall be considered guilty of a misdemeanor, and being thereof convicted, shall be punished by fine not exceeding three hundred dollars, or by imprisonment not exceeding two years, or both; provided, such criminal prosecution shall not in any wise impair the right of said company for damage, by a civil suit hereby authorized to be brought for any such injury as aforesaid, by and in the name of said corporation, in any court of the state having competent jurisdiction of the same.
Section 8. The said corporation are hereby authorized and fully empowered, in their corporate capacity, to borrow any sum or sums of money, from any person or persons, corporations, or body politic of any kind, and make and execute in their corporate name, all necessary writings, notes, bonds or other papers, and make and execute and deliver such securities in amount and kind, as may be deemed expedient by said corporation, for all purposes, in carrying out the objects of this company; and the official acts of said company are hereby declared binding in law and equity, upon said corporation, and upon all other parties to such contracts.
Section 9. This act shall be favorably construed to effect the purposes thereby intended, and the same is hereby declared to be a public act, and copies thereof printed by authority of the state shall be received as evidence thereof.
Section 10. This act shall take effect from and after its passage.
Approved March 27, 1852.
An Act To amend an act entitled "an act to incorporate the Milwaukee Gas Light Company."
The people of the state of Wisconsin represented in senate and assembly, do enact as follows:
Section 1. An act entitled “an act to incorporate the Milwaukee Gas Light Company," approved March 27, 1852, is hereby amended so as to authorize, and this act does hereby authorize said Milwaukee Gas Light Com
pany to purchase and acquire the property and franchise of the Fifth ward Gas Light Company of the city of Milwaukee.
Section 2. The said Milwaukee Gas Light Company are hereby authorized to issue and sell stock of said company to an amount not exceeding fifty thousand dollars, in addition to that already issued, or which by its charter it is authorized to issue, such stock or the proceeds thereof to be used in and about such purchase; and upon such purchase being perfected, all the rights and privileges, grants, franchises and immunities conferred by the charters of the respective companies aforesaid, and the acts amendatory thereto, shall be and hereby are granted to and conferred upon said Milwaukee Gas Light Company.
Section 3. The Milwaukee Gas Light Company, after such purchase, shall furnish gas to those portions of said city which have heretofore been supplied with gas by said Fifth ward Gas Light Company, and at the same rates as in other parts of the city, and shall have, and there is hereby granted said Milwaukee Gas Light Company, power and authority to manufacture, make and sell gas for the purposes of lighting the city of Milwaukee, or the streets thereof, or any houses, buildings, manufactories or public places therein contained, and to erect and keep in operation all necessary works and apparatus, and to lay pipe for the purpose of conducting the gas in any of the streets, avenues, commons, lanes or alleys of said city, and also cross the Milwaukee river; provided, that no permanent injury shall be done to any streets, highways, commons, avenues, lanes or alleys; and provided also, that such pipe as shall be laid across the Milwaukee river shall be so laid and protected as not to interfere with the navigation of said river
Section 4. Said Milwaukee Gas Light Company is authorized to sell and convey any real estate which it has or may acquire by such purchase, and which shall not be wanted for the purpose of carrying on its business.
Approved March 13, 1863.
154–AN ORDINANCE To authorize the Milwaukee Gas Light Company to erect
a wooden frame support for gas pipe 40x40 feet at the base, 20x20 feet at the top, and 80 feet high, on their premises in the Third ward.
The mayor and common council of the city of Milwaukee do ordain as follows:
Section 1. Permission and authority is hereby given to the Milwaukee Gas Light Company to erect a wooden frame support for gas pipe, 40x40 feet at the base, 20x20 feet at the top, and 80 feet high, on their premises, in the Third ward of the city of Milwaukee.
Passed August 25, 1890.
XXXI.–VIADUCT ORDINANCE AND GRADES.
VIADUCT ON FIRST AVENUE IN THE FIFTH AND EIGHTH
WARDS. Whereas, Section 1, of chapter 57, of the laws of 1878, provides as follows: The common council of the city of Milwaukee is hereby authorized and instructed to direct and compel the Chicago, Milwaukee & St. Paul Railway Company, at its own expense, to construct and maintain an iron viaduct on First avenue in said city of Milwaukee, with suitable abutment of masonry, the north face of the southerly abutment to be six feet south of the south rail of the south track of the railway of said railway company as at present located, crossing said avenue, and the northerly abutment of the north line of Oregon street, on such a grade and plan as may be furnished by said railway company, and approved by the common council; provided, that the planking and floor joists of wood for the railway and sidewalk over said viaduct shall be made and forever maintained at the expense of said city, and
Whereas, The grade and plan furnished by the Chicago, Milwaukee & St. Paul Railway Company have been approved as provided for in said act, therefore, and in order to carry the above act into effect,
The mayor and common council of the city of Milwaukee do ordain as follows:
Section 1. The grade of the several streets mentioned,
, First avenue situated in the Fifth and Eighth wards of the city of Mil- viaduct.