lars shall not have been subscribed, the moneys paid for subscription shall be refunded, and the lands transferred in payment shall be released and quit claimed to the person or persons subscribing

the same.

§ 10. The company shall have power and authority to make Slackwater navigation-roads. a slack water navigation in the Fox river, from Depere to La Fontaine; to construct canals, rail or McAdamized roads around the rapids, and in the carrying places, from and to such points on said river as may be deemed expedient, and for those purposes only, to use and appropriate the capital stock authorized to be raised by this act: Provided, that nothing herein shall authorize said com- Proviso, not to pany in any manner to obstruct the free navigation of said stream: And provided further, that every dam erected under provision of this act, shall contain a lock of the same dimensions of that now To make locks. in the dam at Depere; and the said company shall attend said lock,

and pass all boats and other water craft free of toll.

obstruct navigation.

§ 11. The affairs of said company shall be managed by seven Directors to be directors, five of whom shall form a board, or quorum, for the stockholders. transaction of business, and who shall be stockholders. The first Electionselection of said directors shall be at such time and place as may held. when and how be appointed by the treasurer of the county of Brown; but thereafter the election shall be held annually, on the first Monday of January, at such place as the directors for the time being may appoint. In the election of directors, and on all other questions to be determined by vote of the stockholders, every holder of stock may vote in person, or by proxy, and a majority of all the votes Vote by proxy. shall be necessary for a choice. The said directors shall elect one of their number to be president, and one other to be secretary, who shall keep proper books, in which all the proceedings of the board shall be entered, and an account of all moneys received and expended in the construction of the improvements contemplated by this act: Provided, that if an election shall fail to be held at the time and place appointed for the purpose, the corporation shall not for that cause be dissolved; but the directors may appoint another day for holding such election, not more than ninety days from the time herein mentioned for that purpose.

§ 12. The directors may from time to time make bye-laws, Bye-laws.

rules and regulations for the government of the company, not inconsistent with the laws of the United States or of this Territory, and affix suitable penalties for the breach thereof, and relative to the time and manner in which goods, effects and passengers, shall be transported over and along any of the roads, canals, and other improvements to be constructed by said company; and the rate of Rate of toll- toll for the transportation of property or passengers, and for the how establishpassage of boats through any of the locks and canals belonging to said company, and to such other matters connected with the business of said company, as may be necessary in the convenient construction and management of said improvements.

ed.

May use materials and land."

§ 13 The company shall have power to take and use any materials found in the bed of said river, and may appropriate to their use for said improvement, sufficient land from the foot of the rapids on Fox river, to Winnebago lake, to construct thereon a canal, or rail, or McAdamized road: Provided, that the strip of land so taken and appropriated, shall not exceed one hundred feet in width; and as soon as the location of said roads or canal shall be determined on, and the work commenced, the said lands shall become a public highway, liable, however, to revert to the rightful owners in case the improvement contemplated shall fail to be conWhat improve. structed: Provided, also, that the first improvements made by said company by virtue of this act, shall be a railroad, canal or McAdamized road, from the foot of the Grand Cacalin rapids to Winnebago lake. And the said corporation is hereby prohibited from expending any moneys, or doing work on any dam or other improvement, or road, or from receiving payment of subscriptions in any work upon any dam until they shall have completed for transportation the said railroad, canal or McAdamized road, from the foot of the Cacalin rapids to Winnebago lake aforesaid.

ment shall be made first.

Justice to issue venire for jury to assess damages.

§ 14. If any person, through whose land said road may pass, shall feel aggrieved thereby, he may apply to any justice of the peace of the county of Brown, whose duty it shall be to issue a venire for twelve good and lawful men, being freeholders, to assess the damages sustained by the applicant by reason of said road or canal crossing the lands of said applicant; and the said jury, de .STA

܂

upon testimony produced, or upon view of the premises, shall fix the amount of such damages, taking into consideration, also, the benefits to be derived from such improvement; and if the said company shall neglect to pay the said damages so assessed, within thirty days after the jury shall have agreed upon the amount thereof, together with the costs, the said lands so taken shall immediately revert to the original owner, and the justice shall enter up judgment against said company for costs, and issue execution therefor as in other cases.

used only as di

§ 15. The money paid in subscriptions to stock, the proceeds Funds to be of the sale of lands subscribed, and on account of tolls received rected by law. from said improvements, shall remain a fund subject to be applied Contractors, how paid. and used only in pursuance of the provisions of this act, and shall be drawn by order of the president of said company, countersigned by the secretary, for the payment of contractors and other expenses incident to the construction of said improvements, in such sums as the said board of directors may prescribe.

§ 16. The directors of the board shall appoint some compe- Treasurer how appointed--his tent person as treasurer, in whose name all conveyances to and duty and comfrom said company shall be made, and a superintendant to super- pensation. intend the construction of all improvements to be made in pursuance of this act, who shall receive such reasonable compensation as the said directors may determine; but no director, unless appointed such superintendent, shall receive any compensation for his services.

sell land.

§ 17. The directors of said company shall have authority to Directors may contract for the sale of all or any part of the lands subscribed in stock, at a price not less than one dollar and twenty-five cents per acre, payable in cash or in work upon, or in materials to be fur- Purchaser how nished and labor to be performed for said improvements: Provided, to pay for land. that before the treasurer of the company shall execute any conveyance of land, in pursuance of such contract, he shall receive the amount in cash for the lands so contracted to be sold, or the value of such lands shall have been paid by the purchaser in work and labor, or materials upon and for the improvement as aforesaid: Provided, that if any of the lands so sold shall bring more than

Dividendshow made.

the minimum price per acre, the excess over and above one dollar and twenty-five cents per acre, and the necessary expenses of sale, shall accrue to the benefit of the subscriber of stock for which said lands was received in payment, or his legal representatives, and shall entitle him to an additional number of shares of stock, equal to the amount of such excess.

§ 18. The surplus profits to be derived from tolls, or to accrue in the business of said company, over and above the necessary repairs and expenses, may be annually divided by the directors among the stockholders in proportion to the amount held by each; Territory or and whenever at any time hereafter, the Territory, or future State State may pur- of Wisconsin, shall pay to the present shareholders the amount of improvements. the shares owned by them, and interest from the time the same was paid, at the rate of six per centum; then and in that case the Territory, or State, making such payment, shall become the sole owner and proprietor of all the said stock, and of all improvements constructed by the said company.

chase stock and

Stock to be

pertyand transferable.

§ 19. The stock owned by any individual in said company personal pro- shall be deemed personal property, and shall be assignable and transferrable in such manner as the bye-laws of said company may direct, and shall be liable to be taken on execution in such manner as shall be prescribed by law.

May be repealed.

Directors to take oath.

§ 20. This act is hereby declared a public act, liable to repeal or amendment by the Legislature: Provided, that no contract or . agreement made or entered into by said company, shall be affected thereby, and all property belonging to or received for the use of said company, shall be and become upon such repeal, the property of the owners of said stock in proportion to the amount then owned by each.

§21. Every director appointed in pursuance of the provisions of this act, shall take an oath faithfully to discharge the duties of in How to fill va- his office; and whenever any vacancy shall occur in the board of

cancies.

Penalty, &c.

directors, by death, resignation, or removal from the Territory, the same shall be supplied by the remaining directors in office at the time such vacancy occurred.

§ 22. If any director, or other person in the employ of said

company, shall misapply, use, or otherwise dispose of, any funds coming to his hands or possession, by virtue of his office, contrary to the true intent and meaning of this act, every such person shall be deemed guilty of a misdemeanor, and on conviction thereof before any court of competent jurisdiction, shall be sentenced to pay three times the amount of money thus misapplied, or disposed of, together with all costs, and shall moreover be sentenced to confinement in the county prison, for a term not less than three, nor more than twelve months, in the discretion of the court.

receive sub

§ 23. If the whole amount of stock authorized by this act Directors may shall not have been subscribed previous to said second Monday of scriptions. May, the directors for the time being shall be authorized to receive subscriptions thereto, until the whole amount shall be subscribed, in such manner and at such times as may best conduce to the interests of the company.

a rail road or

§ 24. It shall and may be lawful for said company to construct May construct a railroad or canal, from Fond du Lac, on Lake Winnebago, to canal. some point on Rock river, in town thirteen, north in range fifteen east, and the said road or canal shall, when constructed, be under the same control and management of said company in all respects, as the works contemplated in the preceding sections of this act.

§ 25. If any appropriation should at any time be made by Act of ConCongress to construct any of the improvements contemplated by gress may rethis act, the act making such appropriation shall be deemed and taken as a repeal of so much of this act as authorizes the company to construct any such improvements.

APPROVED, February 17, 1842.

AN ACT to authorize the Adjutant General to draw on the Treasurer for money to meet certain expenses.

Be it enacted by the Council and House of Representatives of the Territory of Wisconsin :

§ 1. That the treasurer of the Territory hereby is authorized Treasurer to pay out certain to pay on the draft of the adjutant general, such sum or sums of moneys,