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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 defrayed 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 upon payment or tender of payment of the sum specified in the report of said viewers or appraisers, to the owners of said land, or a deposite of the same for their benefit, with the clerk of the district court of the county in which the land is

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Annual statement when made.

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situated, the said company [may] immediately take and use the same without waiting the issue of said appeal.

SEC. 11. The directors of said company may appoint a 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 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 not 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.

Sec. 12, The directors elected as aforesaid shall issue a 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 transferable in person, or by attorney, executors, administrators, guardians or trustees, under such regulations as may be provided in the bye-laws of the company.

SEC. 13. At each annual meeting of the stockholders for 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 the company for such year; and special meetings of the stockholders may be called by order of the directors, or by any number of stockholders holding 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 represented.

SEC. 14. On the completion of said [road,] or any portion may be erect- of the track not less than three consecutive miles, the company 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 mile; for every horse and rider, or led horse, three quarters of a cent per mile; and for every 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 of January in each year after the completion of such portion of the road as will authorize them to erect one or more toll- Company to gates, to make a report to the legislature, setting forth par- gislature. ticularly the amount of capital invested, the length of road in operation, the expenses paid and tolls collected during the preceding year, and generally such information in regard to the affairs of the company as the legislature may require; which report shall be verified by the oath or affirmation of the president or secretary, and one of the directors of said company.

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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.

for debt.

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 payment of his or her debts in such manner as is or may be provided by law: Provided, that all debts due said company from such individual shall be first paid.

limited.

SEC. 17. The debts and liabilities of said corporation shall Liabilities [not] exceed in amount at any one time, fifty per cent. of its capital actually paid in, and if debts and liabilities shall at

How stock may be increased.

any time be incurred to a greater amount than by this sec tion 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.

SEC. 18. The directors of said company may at any annual 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 complete said road in such sections as may have been actually commenced, but remain in an unfinished state for want of means: Provided, that the whole stock of said company shall not be so increased as to exbe resumed. ceed at any time four thousand dollars per mile for each mile of road.

Charter may

SEC. 19. If said company shall 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 fu ture legislature of the territory or state of Wisconsin.

TIMOTHY BURNS,

Speaker of the House of Representatives.

HORATIO N. WELLS,

President of the Council.

APPROVED March 11, 1848.

HENRY DODGE.

AN ACT

In relation to certain school districts therein named.

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

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SECTION 1. That the acts of the commissioners of com- Acts of commissioners in mon schools in dividing school district number eight, com-district in posed of parts of the towns of Lima, Milton, Johnstown and Lima, MilJanesville, 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 towns of Lima and Milton, 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 tax. 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 two in District No. 2 the town of Waterloo, in the county of Jefferson, are hereby in Waterloo may renew a authorized to renew 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 collector of said district is hereby authorized 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, be authorized to

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