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county in which the land shall lie, to be disposed of by the order of the judge of said court, the title of the lands so taken, for any of the purposes aforesaid, shall vest in said company for the purposes of said railroad, and a copy of such award or judgement, filed in the office of the register of deeds of the county in which such lands shall lie, shall be sufficient evidence of such Pending pro- title; and the said company shall have full power and eeedings com- authority, pending all such proceedings, and until they shall refuse to pay the compensation, so to be ascertained as aforesaid, to use, occupy and enjoy the peaceable and uninterupted possession of such lands, for all the lawful purposes of said company; and they shall not while such proceedings are pending, nor until such refusal, be disturbed in such possession, use, occupancy, and enjoyment by any proceeding, either in law or in equity, and said company shall not be liable to pay such compensation until the same shall be demanded at their office.

pany may use and occupy

land

No person incompetent as

witness

When compa

SEC. 13. No person shall be incompetent to be a witness, or give testimony in any suit or proceeding at law or in equity in which the said railroad company shall be a party, nor shall any person be disqualified from discharging the duties of a judge, justice of the peace or juror, in any such suit or proceeding, for the reason that such person is a stockholder in said company.

SEC. 14. On the completion of said railroad, or any ny can charge section of the track, not less than five miles, it shall and for transportation of persons may be lawful for the company to demand and receive and property. such sums of money for the transportation of persons or property, and the storage of property, as they shall from time to time think reasonable.

ishment.

Willful injury SEC. 15. If any person shall, willfully and knowingly, to road-pun- injure or destroy the railroad so to be constructed by said company, or shall willfully and maliciously place any obstruction or thing upon the track of said railroad, such person or persons so offending, shall each of them for every such offence, forfeit and pay to said company the sum of fifty dollars; and in case any damage shall ensue, an additional sum, equal to three times the amount of damages caused by such offence, which may be recovered in the name of said company by action of debt, in any court having competent jurisdiction in the county wherein the offence shall be com

mitted, and shall also be decreed guilty of a misdemeanor, and be subject to indictment, and upon conviction of any such offence, shall be punished by fine and imprisonment, or either, at the discretion of the court.

SEC. 16. Said company before opening their road Company to through enclosed grounds, shall erect such fences as shall fence enclosed grounds. preserve such enclosures entire; and shall before they commence to use their road, erect a good and sufficient fence on both sides of said road, through all such grounds, and shall maintain the same.

and stockhold

SEC. 17. The first meeting of the directors, and of First meeting the stockholders of the said company, shall be called of directors by at least a majority of the directors named in this act, ers-how calldue notice of which meetings shall be published for ed. two successive weeks previous to such meetings, in some newspaper published in the village of Stevens' Point, in Portage County, and also at Milwaukee. A concurrence of a majority of the directors shall be necessary in order to adopt, establish, alter, modify, amend, rescind, or abolish any one resolution or by-law of said company.

cease.

SEC. 18. All rights, privileges and immunities herein When rights granted to said company, shall cease and terminate at and privileges the expiration of six years from the passage of this act, unless said company shall have ten miles of said railroad in actual and active operation by that time.

SEC. 19. This act is hereby declared to be a public Public act-to act, and shall be favorably construed to effect the purbe favorably construed. poses hereby intended, and copies thereof, printed by authority of the State, shall be received as evidence thereof, in all cases; and this act shall take effect and be in force from and after its passage. Approved March 3, 1857.

Chapter 192.

An Act to incorporate the Kingston Academy.

1

The people of the State of Wisconsin, represented in

Senate and Assembly, do enact as follows:

SECTION 1. That Warren D. Fox, Cephas Wilson, Corporators, Mortimer W. Stevens, George B. Worth, Joseph Pease,

Style.

Power.

Capital stock.

Three of the corporators

have power to

for the pur

Orren W. Bon, Stephen G. Thayer, Parker Hazleton, Charles Hewitt, Patrick Walsh, Z. Boznton, Josiah H. Durth, Samuel B. Howard, and Zachariah Kinnear, and such other persons as may hereafter be associated with them, be and are hereby created a body corporate and politic, with perpetual succession, to be styled by the name and title of the Kingston Academy, by which name and style they and their successors shall ever be known, and shall have power to sue and be sued, to contract and be contracted with, to plead and be impleaded, to defend and be defended in all courts of law and equity said corporation shall have a common seal, and may alter or renew the same, and shall [have] power to acquire, purchase, receive, possess, hold and enjoy property real and personal, not exceeding in value the sum of ten thousand dollars, and to sell, lease, convey, or otherwise lawfully dispose of the same at pleasure.

SEC. 2. The capital stock of said corporation shall be divided into shares of ten dollars each, which shall be deemed personal property, and shall be transferable on the books of said corporation in such manner as shall be provided in the by-laws of the same.

SEC. 3. Any three of the persons above named shall have power to call the first meeting, for the purpose of call a meeting effecting an organization of said corporation, by posting up at least three notices in the village of Kingston, in pose of organ- Marquette county, where the academy of said corporaizing, tion is hereby located, which said notice shall specify the time and place of holding such meeting, as well as the object of the same, and shall be so posted up at least ten days before the time therein specified.

At first meeting to elect trustees.

Elections to be by ballot

each share of

stock entitled

to one vote. Proviso.

General pow

SEC. 4. At the first legally notified meeting, the stockholders shall have power to elect, by ballot, nine trustees, whose term of office, unless otherwise determined by the by-laws, shall be one year and until their successors are duly elected; a majority of said trustees shall constitute a quorum.

SEC. 5. At all elections of said corporation the vote shall be by ballot; each share of stock shall entitle the Owner to one vote, and any absent stockholder may ́ vote by proxy, duly authorized in writing; Provided, however, That at meetings of the board of trustees, no trustee shall be entitled to more than one vote.

SEC. 6. The trustees shall have power: First. To ers of trustees. elect from their number a president, secretary and

treasurer, who shall hold their offices during the same term for which they were elected to the office of trustees; Second. To call all special meetings of the stockholders to fill vacancies in the board of trustees, or for the transaction of other business; Third. To sell, locate, mortgage or otherwise dispose of any real or personal property belonging to said corporation, in such manner as shall be directed by the stockholders; also, to erect and keep in repair all necessary buildings for the use of said corporation; Fourth. To employ suitable teachers, and prescribe and direct the course of study and discipline to be observed in said academy; Fifth, to prescribe the duties and fix the salaries of all the officers and teachers employed in said academy, and to remove or suspend them from office for incapacity, immoral conduct, or misbehavior in office, and to appoint others in their places; Sixth. To make all regulations and bylaws necessary and proper to carry into effect the object of the corporation, and not inconsistent with the constitution and [laws of this State.]

SEC. 7. No religious test or qualification shall be re- No religious quired of any trustee or officer of said corporation, nor test required. shall any sectarian doctrines be taught in said academy.

SEC. 8. This act shall take effect and be in force from

and after its passage. Approved March 3, 1857.

Chapter 193.

An Act to authorize Charles Boles to keep and maintain a Ferry across
the Chippewa River.

The people of the State of Wisconsin, represented in
Senate and Assembly, do enact as follows:

SECTION 1. Charles Boles, his heirs, executors or Authorized to assigns, are hereby authorized and empowered to keep maintain a and maintain a ferry across the Chippewa river, on Chippewa ferry across section two (2), township twenty-six (26) north of river. range eleven (11) west, in the county of Dunn, for the period of five years. No ferry shall be licensed within two miles above or below the same.

tions as other

Subject to SEC. 2. The said ferry shall be subject to the same same regula- regulations as other ferries are, or may be by law subferries; tolls. ject; and the proprietor thereof shall be entitled to receive the sum of fifty cents, for crossing any vehicle drawn by two horses or other animals; for each additional animal, fifteen cents; for any vehicle drawn by one horse or other animal, twenty-five cents; for horses or cattle in droves, ten cents each; for hogs or sheep in droves, five cents; and for each footman, ten cents. SEC. 3. This act shall take effect and be in force from and after its passage.

Approved March 3, 1857.

Authorized to

to build a

Chapter 194,

An Act to authorise the officers of School District number seven, in the
town of Darien, to borrow money for the use of said district,

The people of the State of Wisconsin, represented in
Senate and Assembly, do enact as follows:

SECTION 1. The officers of school district number borrow money seven in the town of Darien, county of Walworth, be, school house. and they are hereby authorized to borrow for the use of said district any sum or sums of money not exceeding one thousand dollars, to be appropriated to the sole and only use of building a school house in and for said district, and to make and execute in the name of said district any pledge or security in such manner as said district may direct, to secure the payment of such money so borrowed with the interest thereon within four years thereafter; Provided, That said money shall not be borrowed unless a majority of the inhabitants qualified by law, to vote at a school district meeting in said district, assembled for that purpose at a special district meeting called pursuant to law, shall authorize the borrowing the same, and direct and determine the time and manner of repayment, and the nature and extent of the security to be given therefor.

Proviso.

SEC. 2. This act shall take effect from and after its passage.

Approved March 3, 1857.

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