« AnteriorContinuar »
# 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 the same be located on any public 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 agree. Sec. 8. If said company shall not, within five years from
When road i. the passage of this act, coinmence the construction of said
be commere road, and shall not within that time have constructed a sin. ed. le or double track for a distance of twenty miles, then and in chat 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 siate 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,
Land may their officers, engineers and agents to enter upon any lands
be taken. 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 inanufactures, 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 servanis, 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 there
How laouls *****stod and prard lor.
for, or as shall be ascertained in the manner hereinafter directed and provided in the case of lands.
Sec. 10. Whenever it shall be necessary for the said company to enter upon, and occups, for the purpose of making said (road, any] land upon which ihe same may be located, and the owner or owners of said land shall refuse to permit such entry, or occupation, and 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 he lawful for the parties to appoint three disinterested persons to estimate such damages, who shall take an oath or affirmatin, fairly and impartially to estimate the same, and who shall reside within the county 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 10 join in such appointment within twenty days after the requi. sition for that purpose upon him made, or if such owner shall be unler 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 disinteres. ed persous of said county, 10 view and examine said lands, and estimate the injury or damage, if any in their judginent will be sustained as aforesaid, by reason of the localion 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 nse of said land, or be paid by the owner or owners in as cases where the assessed damages shall not be greater that the sum thus lendered : 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 shal
be the duty of the appraisers in estimating such damages, lo take into consideration the advantages that may acerue 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 specificd 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 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 Wia: olieers E secretary, treasurer, and such other officers as they inay find marbo apo
pointed. necessary, and shall bave 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 declare
Hour stock forfeited to the use of the said company any share or shares
forfeited. held by any person or persons failing to pay an instalment so required to be paid, after advertisement of the same for a period not less than sixey days, in one or more newspapers, as herein before provided : Prorided, that no instalment called in at any one time shall exceed five dollars per share, and that no instalment shall be called in by the directors without giving at least thirty days' notice thereof in the newspapers as aforesaid. Sec. 12. The directors elected as aforesaid shall issile a
Certificata is. certificate to each stockholder for the number of shares he
sued to steek she shall subscribe for or hold in the said company, signed holders. 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 preced.
Annual state-ing year shall exhibit to the meeting a complete statement ment when Laade.
of the affairs and proceedings of the company for such year; and special mectings of the stockholders may be called by
order of the directors, or by any number of stockholders holsSpecial meeting one-fourth in amount of the capital stock of the company, logs how called. on like notice as required for annual meetings, but no busi
ness shall be transacted at such special meeting unless a majority in value of all the stock shall be then and there repre
sented. Toll gates
Sec. 14. On the completion of said road, or any portion may bo erect- of the track not less than three consecutive miles, the compaed.
ny may erect one or more loll-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, Rates of toll. not exceeding two cents per mile for any vehicle drawn by
two animals; and for every vehicle drawn by more tban iro animals, one half-cent per mile for every additional animal; 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 (calile,) one cent per mile: Prorided, that it shall be the duty of said company, during the month
of January in each year after the completion of such portion Company to report to lc. of ihe road as will authorize them to erect one or more toll. gislature.
gates, to make a report to the legislature, setting forth par. 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 ci the president or secretary, and one of the directors of said company.
Sec. 15. If any person shall wilfully and knowingly obstruct, Penalty for injury to road. break, injure or destroy the road so to be constructed by said
company, or any part thereof, or any work, building or fixtare attached 10 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 all 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 stock of every individual which may be Stock liable invested in said corporation shall be liable to be taken for debt. 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. Sec. 17. The debts and liabilities of said corporation shall
Limbilities not exceed in amount at any one lime, fifty per cent. of its limited. capital actually paid in, and if debts and liabilities shall at 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 an.
How sinck nual or special meeting of the stockholders, with the consent creased. 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 such road in such sections as may have been actually commenced, but remain in an unfinish. ed state for want of means, and for the further purpose of extending the road from time to time towards its terminus on Rock river : Provided, that the whole stock of said company shall not be so increased as to exceed at any time four thousand dollars per mile for each mile of road.
Sec. 19. If said company shall misuse or abuse any of the Charter way privileges hereby granted, the legislature may resume all bo retouned. aad singular the rights and privileges vested in said company by this set, and may establish rules and regulations for the
may be in.