ATS.

lawful for the clerk of the district court of the county in which such land lie, on application of either party, and at the costs 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 the said court, judgment shall be enPay of view. tered 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: Prorided, that in case the owner of such land shall be under any legal disability, the cost of 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 lands, or a deposite of the same for their benefit, with the clerk of the district court of the county in which the land is situated, the said company may immediately take and use the same without awaiting the issue of said appeal.

Provisos.

Directors may erect toll gates.

SEC. 9. The said directors may place toll-gates at any place on said road where they may determine: Provided, that no full toll-gate shall embrace less than ten miles in length of said road; half toll-gates, half that length, or five miles; and in proportion as aforessid until said gates shall take in the whole length of said road. Whenever ten com

sécutive miles of said road shall be completed, it shall be lawful for the said directors to cause a toll-gate to be erected, or when five miles shall be constructed, a half toll-gate, dis cretionary with the said directors, at which gates said company may demand and receive for full toll-gates toll not exceeding two cents per mile for every vehicle, sled, sleigh or carriage of any description drawn by two animals; and for any vehicle drawn by more than two animals, one half cent per mile for every additional animal; for every horse and rider, or for every vehicle drawn by one animal, one cent per mile; for every horse, mule or neat cattle, and half score of sheep or swine, one-half cent per mile. No toll shall be received of any person while actually going to or returning from any religious meeting on Sunday, or from any person liable to do military duty while actually going to or returning from any military parade or review at which their attendance shall be by law required. And the toll-gatherer at any of said gates erected on said road in pursuance of this act, may detain and prevent from passing such gate any vehicle, carriage or animal subject to toll until the toll thereon is paid.

injury to toll gate, or passing gate without pay.

SEC. 10. Any person who shall wilfully break or throw Penalty for down any gate on said road, which may have been erected in pursuance of this act, or shall do any damage to said road, or forcibly or fraudulently pass any such gate without having ing to!. paid the legal toll, or to avoid the payment of the legal toll shall with his or her team, vehicle, carriage or animal turn out of said road, or pass around such gate for the purpose of avoiding such toll, and return again on said road, shall for each offence forfeit a sum not exceeding ten dollars, to and for the use of said company, and also for all damages of said company, to be recovered by said company, in the name of the president and directors of the Sheboygan and Fond du Lac Road Company, in an action of trespass or trespass on the case, according to law.

SEC. 11. The debts and liabilities of said corporation shall not exceed in amount at any one time fifty per cent. of its Debte and licapital actually paid in, and if debts and liabilities shall at abilities not to any time be incurred to a greater amount than by this sec- tain amount.

exceed cer

Power to con. tinue road.

Charter may

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 as provided for in this

act..

SEC. 12. The company hereby incorporated shall have power, and are hereby authorized to continue the road hereby authorized, from the town of Fond du Lac, by the way of Maysville and the iron ore beds in Dodge county, to the town of Hustis' Ford, on Rock river, and for this purpose shall have all the rights, powers, and privileges, and be subject to all the restrictions that pertain to the road between Sheboygan and Fond du Lac, and the directors of said company are hereby authorized in the manner aforesaid, to increase the capital stock of said [company] to an amount sufficient for that purpose, not exceeding three thousand dollars per mile.

SEC. 13. If said company shall misuse or abuse any of the privileges hereby granted, the legislature may resume be resumed. 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.

TIMOTHY BURNS,

Speaker of the House of Representatives.
HORATIO N. WELLS,

APPROVED, March 11, 1848.

President of the Council.

HENRY DODGE.

AN ACT

To incorporate the Horicon and Marquette Plank
Road Company.

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

Commission.

SECTION 1. That H. B. Hawes, Satterlee Clark, H. Egene Eastman, Stoddard Judd, E. G Mathews, Henry W. White, H. E. Connit, James S. Williams, and William H. ers appointed Sullivan, be, and they are hereby appointed commissioners nder the direction of a majority of whom subscriptions may be received to the capital stock of the Horicon and Marquette. 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 newspapers printed in Fond du Lac and Watertown.

Stockholdert

SEC. 2. All persons who shall become stockholders pursuant to the provisions of this act, are hereby created a body created a bo corporate in law, with continual succession, for fifty years, dy corporate. by the name and style of "The Horicon and Marquette Name and Plank Road Company," for the purpose of constructing a style or corporation. turnpike road, from the village of Horicon, in the county of Dodge, to the village of Marquette, in the county of Marquette; 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 may be necessary for the construction and management of said road, 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.

SEC. 3. The capital stock of said company shall be one

Amount of

capital stock.

When corporation may organize.

When first
Instalment

ay be called in.

Road how

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.

SEC. 4. Whenever ten thousand dollars of the capital 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 thereof in two or more newspapers published in either of the counties through which the said road is run, for the purpose of choosing nine directors, and the persons then chosen shall be the first directors of said company, and shall hold their offices for one year, and until others are chosen in their stead. The board of directors shall choose one of their number as president of the company, who shall also hold his of fice for one year, and until his successor is elected. At every election of directors of said company, each stockholder shall be entitled to one vote for every share of capital stock he shall hold, and may vote in person or by proxy.

SEC. 5. Whenever ten thousand dollars of the capital stock of said company shall be subscribed, the directors may call upon the stockholders for the first instalment of five dollars 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 the city of Milwaukee, or in either of the counties through which said road shall pass.

SEC. 6.

The company when so organized shall have constructed. the right to locate and construct a single or double track thrnpike 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, charcoal, stone, or gravel, or partly of ach, so as to have a hard, smooth, and even surface, equal to a plank road surface. The particular manner of building paid road to be determined by the said board of directors.

1