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and upon any road or highway now or hereafter to be laid out, opened and established by the proper authorities, and of such width, and in such manner as the said directors shalldetermine, but there shall be one or more tracks, upon the same made of planks, securely laid, so as to form a smooth and even surface. :
Sec. 3. The capital stock of said company shall noi er mount of
ceed the sum of four hundred thousand dollars, to be capital stock.
divided into shares of twenty-five dollars each, and shall be transferable in such manner as shall be prescribed in and bs the bye-laws of said company, and each stock holder shall be entiled to one vote for each and every share of stock held by them, by proxy or in person.
Sec. 4. The business and the concerns of said company Concerns of company how shall be managed and conducted by thirteen directors, who managed.
shall be stockholders, and shall be elected annually, on the first Wednesday in December, at such place as a majority of the directors shall appoint, and shall bold their offices for one year and until others are chosen. And the said directors shall choose one of their number to be their president, and a majority of said directors shall be a quorum for the trans
action of business. Power to Sec. 5. The said directors or a majorily of them sta! make bye. laws.
have power to make such bye-laws, rules, and regulations as to them shall appear necessary and proper for the management of the concerns of said company, not inconsistent with the laws of this territory, or the future state of Wisconsin. and also to appoint such agents and officers, as may be necessary to carry out the objects of this corporation.
Sec. 6. The persons named in the first section of this ac!, Books opened or a majority of them, shall be commissioners to open book:
and receive subscriptions to the capital stock of said compeny, al such times and places as they may deem expedient, and whenever forty thousand dollats of such capital stock shall be subscribed for and distributed, and ten per cent paid thereon, said commissioners shall call a mooting of the stockholders of said company by giving two weeks'
public notice of the same for the purpose of electing the directors of said company, who shall hold their office until the first annual election thereaster: Provided, That if from any cause an election shall not be held at the regular time specitied therefor, the same may be held at any other time on notice as aforesaid, and the directors shall be authorized to call in and require the payment of the balance of the stock subscribed for, in ten per cent, instalments, as they progress in the construction of said road and as the interests of the company may require.
Sec. 7. lishall and may be lawful for said company, their officers, engineers and agents to enter upon any lands for the Corporation purpose of exploring, surveying and locating the route of said may take
laul. road, doing thereto no unnecessary damage, nor locating any such route through any orchard or garden, nor through any building, or any fixtures or erections for the purpose of trade · or manufactures, without permission from the owners thereof; and when the said route shall be delermined by said company, it shall be lawful for them, their officers, agents, engineers, contractors and servants, at any tiine 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 hereinafier directed and provided. Sec. S. Whenever it shall be necessary for the said com
Hot dama. pany to enter upon and occupy, for the purpose of making ges to be as. said road, any land upon which the same may be located, and sessed for of
land the owner or owners of said lands shall refuse to permit such or taking ma
terials for entry or occupation, and the parties cannot agree upon the building road. compensation to be made for any injury that may be done to such land by such entry and occupation, it shall and may be lawful for the par:ies to appoint three disinterested persons tu estimate such damage, who shall take an oath or affirmation fairly and impartially to estimate the same, and who shall reside within the county where the land lies. penses 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 any 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 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 said court, jucgment shall be en. Par of vioni tered thereon. The said viewers shall be ențiiled io tiro
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 dama
ges shall not be greater than the sum thus tendered : Pro Provisos.
vided, that in case the owner of such land shall be under any legal disability, the cost of such assessment shall be paid by said company; and it shall be the duty of the appraisers in estiinaring such damages, to take into consideration she advantages that may accrue to the owner of said lands from the construction of said road: Provided further, that either par . ty 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. Arid 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 ase the same without awaiting the issue of said appeal.
Sec. 9. The said directors may place toll-gates at any Directors place on said road where they may determine: Provided, toll gates. that no'full toll.gate shall embrace less than ten miles in length of said road'; half roll-gates, half that length, or five miles; and in proportion as aforessid until said gates shall lake in the whole length of said road. Whenever ten consecutive 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 every vehicle drawn by more than two animals, one-half cent per mile for all additional animals ; 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 exacted 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 derain and prevent from passing such gate any vehicle, carriage or animal subject to toll until the toll thereon is paid.
Sec. 10. Any person who shall wilfully break or throw Penalty for down any gale on said road, which may have been erected injury to toll
untes, or pas in pursuance of this act, or shall do any damage to said road, sing gates or forcibly or fruudulertly pass any such gates without having without pay. 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 zhe president and directors of the Milwaukee and Rock rir
er Plank 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 Debts and li. not exceed in amount at any one time fifty per cent. of its to exceedcer. capital actually paid in, and if debts and liabilities shall at tain amount. any time be incurred to a greater amount than by this se
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. If said company shall misuse or abuse any oi
the privileges hereby granted, she legislature may resume be resumed. all and singular the rights and privileges vested in said com
pany by this act, and may establish rules and regulations for
HORATIO N. WELLS,
President of the Council. APPROVED, March 11, 1848.
To authorize the laying out of a Territorial Road
from Sheboygan to Fond du Lac, and to levy a tax to improve the same.
Be it enacted by the Council and House of Representatives of the Territory of Wisconsin:
SECTION 1. That Edward Pier, 0. P. White, Sylvanus Vade, David Giddings, and Warren Smith, be and are bere