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affirmation, fairly and impartially to estimate the same, and who shall reside within the counties where the land lies. The expenses incurred by said appraisers, shall be desrayed by the said company, but if the parties cannot agree upon such persons, or if the persons so chosen shall not decide upon the matter, or if the owner of such land shall refuse or neglect to join in such appointment within twenty days after the requisition for that purpose upon him made, or if such owner shall be under legal disability or out of the territory, then it shall be lawful for the judge of the district court of the district in which such land lies, on application of either party, and at the cost and charges of said company, to appoint three disinterested persons of said county, to view and examine said lands, and estimate the injury or damage, if any in their judgment will be sustained as aforesaid, by reason of the location of said road, and report the same under oath or affirmation, to the district court of said county, which report being confirmed by said court, judgment shall be entered thereon. The said viewers shall be entitled to two dollars per day each, for their services to be paid by the said company in all cases where the damages shall be assessed to a greater amount than the sum that may have been tendered by said company for the use of said land, or be paid by the owner or owners in all cases where the assessed damages shall not be greater than the sum thus tendered: Provided, that in case the owner of such land shall be under any legal disability, the costs of such assessment shall be paid by said company, and it shall be the duty of the appraisers in estimating such damages, to take into consideration the advantages that may accrue to the owner of said lands from the construction of said road: Provided further, that either party may appeal to the said court within thirty days after such report may have been filed in the clerk's 'office, and such appeal shall be tried as other issues arising in said court : And provided also, that ipon payment or tender of payment of the sum specified in he report of said viewers or appraisers, to the owners of said and, or a deposite of the same for their benefit, with the lerk of the district court of the county in which the land is
situated, the said company (may] immediately take and use
the same without waiting the issue of said appeal. What ollieers Sec. 11. The directors of said company may appoint a may be apo pointed. secretary, treasurer, and such other officers as they may find
necessary, and shall have full power to decide the time and manner and proportions in which the said stockholders shall
pay the money due on their respective shares, and to forfeit How stock fortcited. to the use of the company any share or shares held by any
person or persons failing to pay an instalments so required to be paid, after advertisement of the same for a period 00: less than sixty days, in one or more newspapers, as hereinbefore provided: Provided, that no instalment shall be called by the directors without giving at least thirty days' notice
in the newspapers as aforesaid. Certificate is. Sec. 12. The directors elected as aforesaid shall issue a sued to toekholders.
certificate to each stockholder for the number of shares he or she shall subscribe for or hold in the said company, signed by the president, countersigned by the secretary, and sealed with the common seal; subject, however, to all the payments due and to become due thereon; which stock may be trans, ferable in person, or by altorney, executors, administrators, guardians or truslees, under such regulations as may be pro
vided in the bye-laws of the company. Annual state Sec. 13. At each annual meeting of the stockholders for more when made.
the purpose of electing directors, the directors of the preceding year shall exhibit to the meeting a complete statement of the affairs and proceedings of :he company for such year;
and special meetings of the stockholders may be called by Special meet. order of the directors, or by any number of stockholders holda ings how called.
ing one-fourth in amount of the capital stock of the company, on like notice as required for annual meetings, but no business shall be transacted at such special meeting unless a majority in value of all the stock shall be then and there repre. sented.
Sec. 14. On the completion of said (road, ) or any portion may be erece of the track not less than three consecutive miles, the compaed.
ny may erect one or more toll-gates upon their road, but not at a less distance than three miles apart, and may demand and receive such tolls as from time to time they think reasonable,
not exceeding two cents per mile for any vehicle drawn by two animals; one half-cent per mile for every additional ani. Rates of toi mal; for every vehicle drawn by one animal, one cent per raile ; for every horse and rider, or leu. horse, three quarters . of a cent per mile; and for erery twenty sheep or swine, and for every twenty neat cattle, one cent per mile: Provided,
that it shall be the duty of said company, during the month at
of January in each year after the completion of such portion
report to le-
Sec. 15. If any person shall wilfully and knowingly obstruct, Penalty for break, injure or destroy the road so to be constructed by said injury to road company, or any part thereof, or any work, building or fixture attached to or in use upon the same, belonging to said company, such person or persons so offending shall each of them, for every such offence, be liable to a civil suit for the recovery of damages by said company, in any court having competent jurisdiction in the county wherein the offence shall have been committed, and shall also be subject to indictment, and upon conviction of such offence shall be punished by fine and imprisonment, or either, at the discretion of the court.
Sec. 16. The property of every individual which may stock liable be invested in said corporation shall be liable to be taken to be taken in execution for the paymont of his or her debis in such manner as is or may be provided by law: Prorided, that all debts due said company from such individual shall be first paid. Sec. 17. The debts and liabilities of said corporation shall Liabilities
limited. (not] exceed in amount at any one time, fifty per cent. of its de capital actually paid in, and if debts and liabilities shall at
may be in.
any time be incurred to a greater amount than by this section is provided for, the directors of said company shall be jointly and severally individually liable for such excess, in addition to their other liabilities at law and as provided for
in this act. llow stock Sec. 18. The directors of said company may at any ana creased. nual or special meeting of the stockholders, with the consent
of a majority in amount of such stockholders, provide for such increase of the capital stock of said company as may be found necessary to complc!e said road in such sections as may have been actually commenced, but remain in an unfinish
ed state for want of means: Prorided, that the whole Charler mag
stock of said company shall not be so increased as to exWe resumed. ceed at any time four thousand dollars per mile for each
mile of road.
Sec. 19. If said company shali misuse or abuse any of the privileges hereby granted, the legislature may resume all and singular the rights and privileges vested in said company by this act, and may establish rules and regulations for the government of said company in relation to said road and the use of the same.
Sec, 20. This act may be altered or amended by any future legislature of the territory or state of Wisconsin.
HORATIO N. WELLS,
I'resident of the Council. Approved March 11, 1848.
In relation to certain school districts therein
Be it enacted by the Council and House of Representatives of the Territory of Visconsin: SECTION 1. That the acts of the commissioners of com- Acts of com.
missioners in mon schools in dividing school district number eight, com• district in posed of parts of the towns of Lima, Milton, Johnstown and Lima, Mil
ton, &c. corJanesville, in Rock county, and establishing compound school firmed. district number sixteen in the towns of Janesville and Johnstown, also compound school district number four in the lowns of Lima and Millon, as they now stand on record in the several towns, be and the same are hereby legalized and confirmed; and that the acts of the trustees of the said school districts numbers four and sixteen, under the said organization, be and the same are hereby legalized and confirmed.
Sec. 2. That it shall and may be lawful for the trustees District No. 1 of school district number one in the town of Greenfield, in in Greenfield Dane county, to levy a tax on the taxable property in said may levy taxı district, in the aggregate not exceeding two hundred dollars, for the purpose of building a school house: Provided, that a 'majority of the legal voters in said district, present at a meeting called for that purpose, shall vote to levy such tax.
Sec. 3. That the trustees of school district number iwo in District No. 2 the town of Waterloo, in the county of Jefferson, are hereby in Waterloo
may renew a authorized to reneiv the warrant for the collection of the res-tax warrant. idue of the tax of one hundred and eighty dollars, levied by the trustees of said district for the purpose of building a school house, and the collec!or of said district is hereby au. thorized to proceed in the collection of the same.
Sec. 4. That the trustees of school district number five in the town of Dunkirk, in Dane county, bé authorized to