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description, used in the construction and operation of said railways, appurtenances in or about the same, in the manner hereinafter mentioned.
Section 8. Such order shall fix the time when said city What order shall will take such railways and other property before men- fix. tioned, which shall not be less than six months after the passage of such order, and at the time of taking said railways and other property before mentioned, the city of Milwaukee shall pay to said company, its assigns or successors, a sum of money to be ascertained by three commissioners to be appointed for the purpose, as follows: one to be chosen from the disinterested freeholders of Milwaukee county by the said common council, one in like manner by the said company or its assigns, and the two persons so chosen to choose the third from said freeholders.
Section 9. The said company shall commence said Commencement road at the foot of East Water street, at the bridge, and and completion. complete the same so far as the Sisters' Hospital, in the First ward, on or before the first day of July, A. D., 1860, and upon the failure to complete the said road, as above stated, then all rights that are hereby vested in the said company, under this ordinance, shall cease and have no effect. Prorided, however, that if said company is delayed by the injunction or any order of any court, then the time of such delay shall be excluded, and the same time in addition to the periods above described shall be allowed for the completion of said railway. The said railway companies shall be required to pay to the city of Milwaukee, a license fee of ten dollars each, for each carriage or car placed on this railroad, before such carriage or car shall be used; such license fee to be paid, and a license obtained in the same manner as licenses are obtained for hacks, and the violation by the driver or conductor of any carriage, or driver of any railroad carriage or car, so licensed, shall forfeit and make void such license, and such carriage or car shall not be permitted to be run or used by said company' until a new license shall have been obtained. Passed September 24, 1859.
ing the construction and operation of certain horse rail-
The mayor and common council of the city of Milwaukee, do ordain as follows:
Streets on South side.
Section 1. The ordinance recited in the title of this ordinance, and of which this ordinance is amendatory, is hereby amended so as to give, grant and allow to the River and Lake Shore Railway Company, its successors and assigns, the exclusive right, privilege and authority to lay a single or double track for a railway, with all necessary and convenient tracks for turnouts, sidetracks and switches, commencing at the south end of East Water street, at the bridge; thence running across Milwaukee river on Walker's Point bridge, so-called, to Ferry street; thence along Ferry street to Lake street; thence west on Lake street to Clinton street; thence south on Clinton street to Florida street; thence along Florida street from Barclay street west to Hanover street; thence along Hanover street south to Elizabeth street; thence west along Elizabeth street to Cook street; thence south along Cook street to Mitchell street; thence west along Mitchell street to the Janesville plank road; thence west along the Janesville plank road to the city limits, near the Forest Home cemetery, and to operate and use said line and lines of railway, with cars and carriages thereon, in the manner, for the time, and subject to all the conditions and restrictions prescribed in the ordinance hereby amended, in respect to the lines of railway thereon authorized to be constructed and operated. Provided, houerer, and this ordinance and grant are upon the express condition that the lines of railway hereby authorized to be constructed and operated, shall be commenced within six months from the passage of this ordinance, and that at least one and one-half continuous miles of said track shall be laid down and operated, by running cars regularly thereon, within one year from the passage of this ordinance.
Section 2. The said River and Lake Shore Railway Company shall have no right or authority to construct or operate a horse railway in any other street or streets, in the Fifth or Eighth wards of the city of Milwaukee, except as herein granted and allowed, and the lines of railway herein authorized to be constructed and operated, shall be constructed and operated in conformity with the provisions of this ordinance, and of the ordinance hereby amended, and not otherwise. The said company shall construct a double
track across said Walker's Point bridge, in such manner as may be directed by the superintendent of bridges.
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Section 3. The said River and Lake Shore City Railway Company may, and are hereby authorized and empowered to charge and collect for each person who shall be carried in any of its cars, both upon the lines of road hereby authorized to be constructed, and upon the line or lines of road heretofore constructed, or which may be hereafter constructed, under the ordinance of which this ordinance is amendatory, from any point in said city north of Railroad street, in the Eighth ward of said city, to said Railroad street, such rate of fare as said company may deem expedient, not exceeding five cents for any one person; and not exceeding eight cents for any one person from any point in said city north of said Railroad street to the terminus of said railway, near the Forest Home cemetery.
Section 4. The said River and Lake Shore City Railway Company shall have no right to take up or remove, or cease to operate any portion of the line of railway heretofore constructed under the provisions of the ordinance of which this ordinance is amendatory, or of the line of railway hereby authorized to be constructed.
Section 5. All conductors, drivers and other employes of said River and Lake Shore City Railway Company, and every person having the charge and custody of any car or team belonging to, or used by said company, shall obey the orders and directions of the superintendent of bridges, and of the several bridge tenders of Walker's Point bridge, as to the time and manner of crossing such bridge with such car or team, and any such conductor, driver, employe or other person who shall disobey any lawful order or direction of such superintendent of bridges, or either of such bridge tenders, shall be punished by fine not less than five nor more than twenty-five dollars.
Section 6. All the provisions of the ordinance of which this ordinance is amendatory, shall control and govern all rights, privileges and powers hereby granted, excepting only so far as the same are modified or repealed by the provision of this ordinance.
Passed December 21, 1863.
To extend the time for the construction of the River and Lake Shore City Railway, as authorized by an ordinance passed December 21, 1863.
The mayor and common council of the city of Milwaukee do ordain as follows:
Section 1. The time allowed to the River and Lake Shore City Railway Company to construct and complete the first one mile and a half of the lines of its railway, as required by the first section of an ordinance passed December 21, 1863, authorizing the extension of said company's road from the south end of East Water street to the city limits, near the Forest Home cemetery, is hereby extended for the period of one year from the first day of February, 1865, with all the rights, privileges and immunities in said ordinance contained.
Provided, that said company will commence the construction of said work in six months from date, January 23, 1865.
Passed January 30, 1865.
XV.-MILWAUKEE CITY RAILWAY COMPANY.
Railway Company, incorporated.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section 1. John Plankinton, Frederick Layton, Samuel Marshall, Charles F. Ilsley and Walter S. Johnson, and their associates and successors, are hereby created and constituted a body corporate and politic, by the name of the “ Milwaukee City Railway Company," with all the powers and authority incident to corporations, for the purposes hereinafter mentioned.
Section 2. The capital stock of said corporation shall be one hundred thousand dollars, and may be increased from time to time at the pleasure of the corporation. The capital shall be divided into shares of one hundred dollars each, and shall be issued and transferred in such manner
and upon such conditions as the board of directors shall prescribe.
Section 3. All the corporate powers of said corporation shall be vested in and exercised by a board of directors, and such officers and agents as shall be appointed by the board. The corporators named herein shall constitute the first board of directors, and thereafter the board shall consist of five or more stockholders, who shall be chosen annually by the stockholders at such time and in such manner as may be prescribed by the by-laws of said corporation. The directors shall hold their offices until their successors are elected and assume their duties. Vacancies which may happen in the board by death, resignation or otherwise, may be filled by the board. The board of directors may adopt such by-laws, rules and regulations for the government of said corporation and the management of its affairs and business, not incon sistent with the laws or constitution of this state or the United States, as they may think proper.
Section 4. The said corporation is hereby authorized and empowered to construct, maintain and operate a single or double track railway, with all necessary and convenient tracks for turnouts, side tracks and appendages, in the city of Milwaukee, and in, on, over and along such streets, highways, bridges, rivers and bayous in the present or future limits of the city of Milwaukee, as the common council of said city shall from time to time authorize and permit, in such manner and upon such terms and conditions, and with such rights and privileges as such common council may from time to time prescribe; but said corporation shall not be liable for the loss of any baggage carried on any such railway, kept in and under the care of its owner, or its servant or agent.
Section 5. The said corporation is hereby authorized to extend any railway hereby authorized to be built, to any point or points within the limits of Milwaukee county, and with assent of the supervisors of any town, may lay the necessary and convenient track or tracks, and maintain and operate its railway or railways in, lipon, over and along any common highway and bridge in such town, but in such manner as not to obstruct the common travel of the public over the same. In all cases where vehicles shall meet or be overtaken by the cars or carriages of such