town to Fond

this territory at its session in the year A. D. 1846, to lay out From Waterand establish a territorial road from Watertown, Jefferson du Lac. county [to] Hustis' Rapids, on Rock river, and then to Foster and May's Mills, situated on the east branch of said river, thence to Fond du Lac, in Fond du Lac county, be, and the same is hereby extended until the first day of January A D. 1849, and that said commissioners are hereby authorized to make such alterations in said road as they may deem proper.

SEC. 12. That the road laid out and opened by the road commissioners of the towns of Paris, Mount Pleasant, and

Pike, commencing in the old Chicago and Green Bay road, Road legaliat or near the divisional line between the towns of Mount zed. Pleasant and Pike, and running thence westwardly about five miles until it intersects the Racine and Barlington road, in the town of Brighton, be, and the same is hereby legalized, and the said road is hereby declared to be as legal and valid to all intents and purposes whatever, as though there had been no want of form on the part of the commissioners aforesaid, in laying out and opening said road.

SEC. 13. The commissioners appointed under and by virtue of this act, shall upon performance of the work, be entiCompensa. tled to such compensation for their services as the commis- tion of comsioners or supervisors, as the case may be, of the counties where such services are performed shall deem just and proper, to be paid out of the county treasuries of the said coun

missioners.

ties respectively, any law of this territory to the contrary Road may be notwithstanding. That James G. Weaver. James W. Os. re located:

trander, and Patrick Rogan, be, and are hereby authorized to review and re-locate so much of the territorial road leading from Beloit, in Rock county, to Fox Lake, in the county of Dodge, as lies between the crossing of the Crawfish, in the county of Jefferson, and the point where said road intersects the main road leading from Aztalan to Watertown.

Portiphs of

SEC. 14. The commissioners appointed to locate any territorial road herein named, may adopt any portion of any roads may be other road legally laid out, as a part of ahy road hereby au- adopted. thorized, and that in adopting any portion of any such road, no re-survey of such adopted road shall be required.

SEC. 15. That the road laid out and opened by the road commissioners of the town of Yorkville, commencing on the west line of the town of Yorkville aforesaid, near the northeast corner of section sixteen, town three, range twenty, running thence easterly about five miles, on or near the sectional line, to a stake in the line between Rice and Fowl's land, thence northerly to the United States road southeast from Fowl's house, be, and the same is hereby legalized, and the said road is hereby declared to be as legal and valid, to all intents and purposes whatever, as though there had been no informality in the acts of the road commissioners of said town in laying out apd opening said road: Provided, that nothing herein contained shall be so construed as to prevent any person aggrieved by the establishment of said road, from obtaining his damages by agreement with the commissioners of highways of said town of Yorkville, or by the intervention of a jury as now provided by law, at any time within six months from the passage of this act.

SEC. 16. That the acts of the commissioners of highways of the town of Emmett, Dodge county, in altering the territorial road from, Watertown to Oak Grove, in said town of Emmett, are hereby declared to be valid, and said alterations are confirmed, any thing in, the law of the territory to the contrary notwithstanding.

TIMOTHY BURNS,

Speaker of the House of Representatives..

'HORATIO N. WELLS,

President of the Council

*

APPROVED, March 11, 1848.

HENRY DODGE.

AN ACT

To incorporate the Port Washington, Horicon and Beaver Dam Turnpike Company.

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

SECTION 1. That Solon Johnson, Simeon D. Powers, Ezra, CommissionBurchard, Gustavus A. Foster, Barton Salisbury, Dr. Prichet, ers appointed. Charles H. Larrabee, Horace D. Patch, John H. Manahan and John VanEps, 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 Port Washington, Horicon and Beaver Dam Turnpike 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 ima newspaper printed in Port Washington.

created a bo.

SEC. 2. All persons who shall become stockholders pur- Stockholders suant to the provisions of this act, are hereby created a body dy corporate. corporate in law, with continual succession, for fifty years, by the name and style of "The Port Washington, Horicon and Name and Beaver Dam Turnpike Company," for the purpose of construc- style of corting a turnpike road, from the village of Port Washington, poration. in the county of Washington, to the village of Beaver Dam, in the county of Dodge; 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 objectof said road; to have and use a common seal, and pass all necessary by-laws for the government of said company.

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

Amount of capital stock.

When corpo.

ration may organize.

When first nstalment

ed in:

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 each 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 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 may be call. 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 the counties through, which, said road shall pass.

Road how constructed.

SEC. 6. The company when so organized shall have the right to locate and construct a single or double track turnpike road between the points mentioned in the several sections 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 each, so as to have a hard, smooth, and even surface, equal to a plank road surface. The particular manner of building said road to be determined by the said board of directors.

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 route, the same be located on any public highway, they shall have power to contract with the commissioners of highways of the town in which said 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.

be commenc

SEC. 8. If said company shall not, within five years from the passage of this act, commence the construction of said When road to road, and shall not within that time have constructed a sin- ed. gle 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, Land may their officers, engineers and agents to enter upon any land 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, not through any buildings, or any fixtures or 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 lands 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.