Towns to re main attach purposes. SEC. 12. That the said several towns hereby organized, ed for certain or the several parts thereof, shall remain attached to the elective districts in which they would have belonged if the above organization had not been made; and until the first election of town officers therein, they shall for all town purposes be considered as parts of the respective towns of which they now constitute a part. SEC. 13. This act to be in force from and after its passage. TIMOTHY BURNS, Speaker of the House of Representatives. HORATIO N. WELLS, APPROVED March 11, 1848, President of the Council. HENRY DODGE AN ACT To authorize Platt town school district number two in Platt school town, in Grant county, to levy a tax to build a school house, and for other purposes.. Be it enacted by the Council and House of Representatives of the Territory of Wisconsin: SECTION 1. That it shall be lawful for the trustees of Platt town school district number two, in Platt school town, in Grant county, to levy and collect a tax on the assessment roll of said district, in addition to the amount now allowed by law, of a sum not exceeding five hundred dollars, for the purpose of building a school house within said district; Provided, that such additional assessment shall first have been authorized by a vote of the legal voters of said school district. SEC. 2. That the said tax shall be levied, collected and Tax how co!lected and rereturned in the same manner that is now provided by law for turned. the collection of taxes for building school houses. trict may raise tax. SEC. 3. That it shall and may be lawful for the trustees Monroe of Monroe school district, in Green county, to levy a tax of School disany amount on the taxable property in said district in the aggregate not exceeding three hundred dollars, as may be decided upon by a vote of the majority of the legal voters of said district present at a meeting called for that purpose. Said tax, when collected, to be applied to building a school house, and for no other purpose. TIMOTHY BURNS, Speaker of the House of Representatives. APPROVED March 11, 1848. President of the Council. HENRY DODGE. AN ACT To incorporate the Madison and Oconomowoc Be it enacted by the Council and House of Representatives of the Territory of Wisconsin: SECTION 1. That David R. Hyer, George Hebard, Miles CommissionMillard, Thomas R. Doolittle, H. H. Sedgwick, Thomas ers appointed. Brayton, James Paine, William W. Woodman, Charles J. Stockholders created a bo Bell, Austin Kellogg, and H. N. Carlton, be, and they are hereby appointed commissioners under the direction of a majority of whom subscriptions may be received to the capital stock of the Oconemewoc and Madison Plank Road Company, and they may cause books to be opened at such times and places as they shall direct, for the purpose of receiving subscriptions to the capital stock of said company, first giving thirty days' notice of the times and places of taking such subscriptions, by publishing the same in a newspaper in each of the counties of Dane and Jefferson. SEC. 2. All persons who shall become stockholders purdy corporate. suant to the provisions of this act, are hereby created a body corporate in law, with continual succession, for fifty years, by the name and style of The Madison and Oconomowoc Plank Road Company," for the purpose of construct ing a plank road, from the village, of Madison, in Dane county, by the way of Lake Mills, Aztalan, and Farmington, in the county of Jefferson, to intersect the Milwaukee, Watertown and Madison plank road at Oconomowoc, or at such other place as the board of directors may determine, or to intersect with the Milwaukee and Rock River plank road at Union Centre, or at such other place as the board of directors may determine; which company shall have power to sue and be sued in all courts, to receive by gift or purchase, and hold all such real or personal estate as inay be necessary for the construction and management of said road, and to contract or be contracted with, in all matters pertaining to the object of said road; to have and use a common seal, and pass all byelaws necessary for the government of said company. Amount of SEC. 3. The capital stock of said company shall be one capital stock. [hundred] thousand dollars, to be divided into shares of twenty-five dollars each; and shall be assignable and transferable in such manner as shall be prescribed in the bye-laws of said company. When corpo. organize. SEC. 4. Whenever ten thousand dollars of the capital ration may stock of said company shall be subscribed for and distributed, it shall be the duty of the commissioners named in this act, to call a meeting of the stockholders, at such time and place as they shall designate, by giving public notice instalment SEC. 5. Whenever ten thousand dollars of the capital When first stock of said company shall be subscribed, the directors may may be callcall upon the stockholders for the first instalment of five dol- ed in. lars on each share of stock, which shall be paid to the treasurer of said company within thirty days after a call for such. first instalment shall be made by a publication in two or more newspapers printed in either of the counties through which said road shall pass. SEC. 6. The company when so organized shall have Road how the right to locate and construct a single or double track constructed. plank road between the points mentioned in the second section of this act, or any part of the distance, and may connect said road, and use the same with other roads in the territory of Wisconsin. The track of said road shall be constructed. of timber and plank, so as to have a hard, smooth, and even surface. The particular manner of building said road to be determined by the said board of directors. route. SEC. 7. The location of the route of said road shall be de- Location of termined by the board of directors of said company, and if ro the same be located on any highway, they shall have power to contract with the commissioners of highways of the town in which such road may be, for the right to use such highway for the purposes of said road, and the commissioners of highways are hereby authorized to grant to said company the right to use any highway in their town, as aforesaid, on such terms as they may agrees When road to be commenced. Land may be taken. How lands SEC 8. If the said company shall not, within five years from the passage of this act, commence the construction of said road, and shall not within that time have constructed a single or double track for a distance of twenty miles, then and in that case, it shall be considered a violation and non user of their charter, and [all the] rights, privileges, and powers of said company under this act, shall be resumed by the state of Wisconsin, and such disposition made with regard to any portion of said road which may have been constructed, as the legislature thereof may deem meet and proper, consistent with law and justice. SEC. 9. It shall and may be lawful for said company, their officers, engineers and agents to enter upon any lands for the purpose of exploring, surveying and locating the route of said road, doing thereto no unnecessary damage, nor locating any such route through any orchard or garden without the consent of the owner thereof, nor through any buildings, or any fixtures or any erections for the purposes of trade or manufactures, or any yard or enclosures necessary to the use or enjoyment thereof, without permission from the owners; and when the said route shall be determined by the said company, it shall be lawful for them, their officers, agents, engineers, contractors and servants, at any time, to enter upon, take possession of, and use such lands, to the width of four rods; and also to take from any land adjoining said road, gravel, stone or earth, for the purpose of constructing or repairing said road; subject, however, to the payment of such compensation as the company may have agreed to pay therefor, or as shall be ascertained in the manner hereinafter directed and provided. SEC, 10. Whenever it shall be necessary for the said comassessed and pany to enter upon, and occupy, for the purpose of making paid for. said road, any land upon which the same may be located, and the owner or owners of said land shall refuse to permit such entry, or occupation, and if the parties cannot agree upon the compensation to be made for any injury that may be done to such land by such entry and occupation, it shall and may be lawful for the parties to appoint three disinterested persons to estimate the same, who shall take an oath or |