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officers as they may find necessary; shall fix their compensation, and may demand adequate security for the performance Powers of of their respective trusts. They shall have full power iu de- directors. cide the time and manner and proportions in which the said stockholders shall pay the money due on their respective shares, and to forfeit to the use of the company the share or shares of every person or persons failing to pay any instalment so required, at a reasonable period, not less than thirty days after the time by them appointed for the payment thereof; to regulate tolls; to make such covenants, contracts, and agreements, with any person, copartnership, 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 company: Provided, that no instalment called in at any one time shall exceed twenty dollars per share, and that no instalment shall be called by the directors without giving at least sixty days notice thereof in the newspapers hereinbefore mentioned.
Sec. 6. The directors chosen as aforesaid shall issue a Certificates certificate to each stockholder for the number of shares he or
of stock to
be issued she shall subscribe for or hold in the said corporation, signed by the president, countersigned by the secretary, and sealed with the common seal; subject, however, to all the payments due and to grow due thereon; which stock shall be transferable in person, or by attorney, executors, administrators, guardians, or trustees, under such regulations as may be provided for by the bye-laws of the company. Sec. 7. At each annual meeting of the stockholders, for Annual state
ment to be the purpose of electing directors, the directors of the preced-made, and ing year shall exhibit to them a complete statement of the special ineet
ings when affairs and proceedings of the company for such year : and held. special meetings of the stockholders may be called by order of the directors, or by stockholders, holding one-fourth in amount of the capital stock, on like notice as that required for annual meetings, specifying moreover the object of the meeting ; but no business shall be transacted at such special
meetings unless a majority in value of the stockholders shall
attend in person or by proxy. Powers of Sec. 8. The said company shall have power to locate and corporation in
construct a single or double track rail road, from such eligie construction of road. ble point in the city of Milwaukee to such eligible point in the
village of Prairieville, Waukesha county, as shall be determined upon by a vote of the stockholders holding a majority of the stock 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 shall have power to transport, take, and carry property and persons upon the same by the power and force of steam, of animals, or of any mechanical or other power, or of any combination of them; and they shall also have power to make, construct, and erect all such side-tracks, turn-outs, and connecting tracks, and also all such ware-houses, toll-houses, machine shops, carriages, cars, and other works and appendages as may be necessary for the convenience of said company in the use of the said rail road; and also to connect said rail road, and operate the same, with other rail roads and branch rail roads, in the territory or state of Wisconsin.
Sec. 9. If said corporation shall not within three years When road
from the passage of this act commence the construction of to be built.
said rail road, and expend twenty thousand dollars or more thereon, and shall not within five years from the passage of this act, construct, finish, and put in operation a single or double track of rail road, from the city of Milwaukee to the village of Prairieville, then the rights, privileges, and powers
of the said corporation, under this act, shall be null and void. Powers of
Sec, 10. It shall and may be 'lawful for said company. corporation their officers, engineers, and agents, to enter upon any lands in relation to land. for the purpose of exploring, surveying, and locating the
route of said rail road, doing thereto no unnecessary damage; and when the said 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 such lands, not er. ceeding four rods in width, along the line of said route, sub
to be aster
ject, however, to the payment of such compensation as the company may have agreed to pay therefor, or as shall be ascetained in the manner hereinafter directed and provided in such cases respectively: Provided, that the said corporation shall not, in their corporate capacity, hold, purchase, or deal in any lands within this territory other than the land on which said road shall run, or which may be actually necessary for the construction or maintenance thereof, and of the ware-houses, machine shops, and other fixtures connected therewith.
Sec. 11. When the said corporation cannot agree with the Ilow damaowner or owners of such required land, for the purchase there-ges for lands of, or for the damages sustained by such owner or owners corporatiion thereof, or as to the compensation to be paid to the owner or
iained. owners of any land taken for the purpose aforesaid ; or when by reason of the legal incapacity, or absence of any such owner or owners, no such agreement, or purchase can be made, then, and in any such case, it shall be lawful for the judge of the district court of the county in which such lands are situated, on application of either party, and at the cost and charge of such corporation to appoint three disinterested persons residing in said county, whose duty it shall be to view and examine, or survey said lands, with the buildings and improvements, if any thereon, and to estimate the value of the land so taken or required by the said company, and all damages which the owner or owners thereof shall sustain or may have sustained, by reason of the taking of the same for the construction and use of said rail road, or works appertaining thereto, taking into consideration the advantages as well as disadvanges of the same, to the said owner or owners, and the persons so appointed, before entering upon the discharge of such duties, shall take an oath, before some justice of the peace, or other person competent to administer oaths, faithfully, and according to the best of their abilities, to examine the lands so taken or required by: said company, and impartially to estimate and appraise the value of the same and the damage or injury which the owner or owners thereof shall have sustained or may sus. tain by reason of the taking and using thereof by the said
company, over and above all benefits and advantages which such owner or owners shall derive from the construction of such rail road, whereupon such commissioners shall proceed to examine the premises and estimate the value of such land, and the amount of damages, if any, over and above the bene. fits and advantages which may accrue to such owners, as aforesaid, and shall make a report of such valuation, in writing, under their hands and seals, to said judge, and shall return the same within thirty days after their appointment, to the clerk of the district court of the county in which they
· reside; and it shall be the duty of the said clerk to file the Returns when same, and in case no appeal shall be made within thirty days made. after the filing of said report, as hereinafter provided, then
the said clerk shall record the same, at the expense of said company, and judgment of the said court shall be entered thereon, on motion of either party, at any term of said court: Prorided, that either party may appeal to said court within thirty days after said report shall have been filed in the clerk's office, and such appeal shall be tried in the same manner as other issues are tried in said court, and the jury empannelled to try the same shall find the value of the land so taken or required by said company, and the damages which the owner or owners thereof shall have sustained, or may sustain by the taking of the same, over and above the benefits which will accrue to such owner or owners from the construction of such rail road, and judgment of court shall be entered accordingly: Provided also, that it shall not be lawful for the said commis sioners, or said court, to proceed in the assessment of damages, or in the valuation of any lands or materials, as aforesaid, in the absence of the owner or owners thereof, his, her, or their agents or attorney, unless it shall be shown to them by competent testimony, that the said owner or owners have had at least five days' notice of the time and place at which such as sessment, or valuation was to be made, or that the said owner or owners are absent from the territory or state of Wiscossin, and if the said owner or owners shall be minors, or non compos mentis, or absent from the territory or state, the service of notice may be made on their guradian or trustee, if any there
be, or in such manner as the said court may direct: Provided Proviso.
Sec. 12. Whenever any judgment shall have been enter. When con ed, as hereinbefore provided, for the value of any lands, or for many entitled any damages for the taking and using of the same, and the amount specified in such judgment shall have been paid or tendered to the owner or owners of such lands, his, her, or their legal representatives, the said company shall be entitled to the estate and interest in the same, as fully as if it had been conveyed in fee simple, and if such valuation be not secured when tendered, it may at any time thereafter be received, or may be collected from said company by action at law, at the cost and expense of the person or persons entitled to the same: Provided, that the costs of any proceed- Proviet ings and judgments specified in the last preceding section, shall be taxed by the court, and paid by the said company, except in cases where upon appeal the verdict of the jury shall be for the same, or a less sum than that reported by the said commissioners.
Sec. 13. The said rail road shall be so constructed as not Rail road to impede or obstruct the free use and passage of any public
struct highroad or roads, which may cross the same, and in all places ways. where said rail road may cross or in any way interfere with any public road, it shall be the duty of said company to make, or cause to be made, a sufficient causeway or passage way, to enable all persons passing or traveling such public road to pass over or under such rail road, without inconvenience, and whenever said rail road shall cross any navigable stream, it shall be constructed with a draw over the channel of such stream, not less than thirty feet wide, so as not to ob. struct the use of said stream, and said company shall at
not to oh