point a secretary, treasurer, and such engineers and other officers as they may find necessary; shall fix their compensation, and may demand adequate security for the performance of their respective trusts; they 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 any instalment so required to be paid, after advertisement of the same for a period not less than sixty days, in one or more newspapers, as herein before provided; to regulate tolls, to make covenants, contracts and agreements with any person, co-partnership or body politic whatsoever, as the execution and management of the works, and the convenience and interests of the company may require, and in general to superintend and direct all the operations, receipts, disbursements, and other proceedings of the company: Provided, that no instalment called in at any one time shall exceed five dollars per share, and that no instalment shall be called by the directors without giving at least thirty days' notice in the newspapers as aforesaid.

SEC. 6. The directors elected as aforesaid shall issue a certificate to each stockholder for the number of shares he or Certificates she may subscribe for or hold in the said corporation, signed isued to stockholders 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.

ment when made.

SEc. 7. At each annual meeting of the stockholders for Annual statethe 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 an 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 is required for annual meetings, specifying moreover the object of such meetings, but no business shall

Road how constructed.

When road to

ed.

be transacted at such special meeting unless a majority in value of all the stock shall be then and there represented in person or by proxy.

SEC. 8. The said company shall have power to locate and construct a single or double track plank road, commencing at such point in the village of Milwaukee as may be designated by the commissioners, or board of directors, and running thence on the most eligible route to such point in the town of Muskego as the company, when formed, shall select; thence to Fox river, at or near the point whence the Muskego road now crosses said river, and running thence to the village of Waterford, on Fox river; thence to Wilmot in Racine coun ty. And the company shall also have power to make, construct, and erect such side tracks, turn-outs, and connecting tracks, and also all such gates, toll-houses and other works and appendages as may be necessary for the convenience of said company in the use of said plank road, and also to connect such plank road, and operate the same with other plank roads, and branch plank roads, in the territory or state of Wisconsin.

SEC. 9. If said company shall not, within five years from be commerc. the passage of this act, commence the construction of said plank road, and shall not, within five years as aforesaid, hare constructed, finished and put in operation a single or deale track plank road extending from Milwaukee at least as far as the town of Muskego, 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 corporation under th act, shall be resumed by the state of Wisconsin, and such disposition made with regard to any portion of said rond which inay have been constructed, as the legislature thereof may deem meet and proper, consistent with law and justice.

Land may be taken.

SEC. 10. It shall and may be lawful for the said company. their officers, engineers and agents to enter upon any landfor the purpose of exploring, surveying, locating, and cot structing said plank road, doing thereto no unnecessary dam age, from locating or constructing any such route through any orchard or garden without the consent of the owners there of, nor through any buildings, or fixtures or erections for the

purposes of trade or manufactures, or any yards or enclosures necessary to the use and 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, repairing and maintaining such plank 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 for in such cases respectively: Provided, that the said corporation shall not in their corporate capacity hold, purchase or deal in any lands within, this territory, other than the lands on which said road shall run, or which may be actually necessary for the construction or maintainance thereof, and of the gates, toll-houses and other fixtures connected therewith.

paid for

SEC. 11. Whenever it shall be necessary for the present How lands directors or company of the said plahk road corporation to assessed and enter in and upon, and, occupy, for the purpose of making said plank road, any land upon which the same may be located, if the owner or owners of said lands 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 be lawful for the parties to appoint three disinterested persons to estimate such damage, who shall take an oath or affirmation, fairly and impartially to estimate the same, who shall reside within the county where the land lies, and the expenses incurred by said appraisers, shall be defrayed by the plank road 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 be feme covert, under age, non compos mentis, or out of the ter ritory or state of Wisconsin, then it shall be lawful for the

Punia high

ways may be used.

judge of the district court of the district wherein such land lies, on application of either party, and at the costs and charges of the said corporation, to appoint three disinterested persons of the said county, to view and examine said lands, and estimate the injury or damage, if any in their apprehension will be sustained as aforesaid, by reason of the location of said plank road, and report the same under their oaths or affirmations, to the district court of said county, which report being confirmed by the said court, judgment shall be entered thereon, and the said viewers shall be entitled, for their services, to two dollars per day each, 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 be feine covert, under age, non compos mentis, the cost of such assessment shall be paid by the said company; and it shall be the duty of appraisers in estinating such damages, to take into consideration the advantages that may accrue to the owner of said lands from the construction of said plank road: Provided further, that either party may appeal to the court within thirty days after such, report may have been filed in the clerk's office, and such peal shall be tried as other issues arising in said court. Ard provided also, that upon payment, or tender of payment of the same specified in the report of said viewers or appraisers, to the owner of said land, or a deposite of the same for their benefit, with the clerk of the district court of the county where the land is situated, the president and directors, agents or contractors for making or repairing the said road, may immediately take and use the same without waiting the issue of said appeal.

ap.

SEC. 12. Whenever it shall become necessary for said company to use any part of the public highway for the construction of their plank road, the commissioners of highways of the town in which such highway may be situated, or a majority of them, may give to such company the permission

to use such highways, and agree with such company upon the compensation and damages to be paid by said company, for taking and using said highway for the purpose aforesaid. Such agreement shall be in writing and shall be filed and recorded in the clerk's office of such town. In case such agreement cannot be made, the compensation and damages for taking such highway for such purpose shall be ascertained in the same manner as the compensation and damages for taking the property of individuals. Such compensation and damages shall be paid to the said commissioners to be expended by them in improving the highways of such town.

SEC. 13. The said plank road shall be laid out at least three rods wide; the bed or foundation to be graded not less. than twenty feet at the base between the ditches; to be so constructed as to make, secure and maintain a smooth and permanent road, the track of which shall be made of timber, plank, or other hard material, not less than eight feet wide. That the same shall form a hard and even surface, and the whole be so constructed as to permit carriages and other vehicles conveniently and easily to pass each other, as also not to obstruct or impede the free use and passage of any public road or roads, which may intersect or cross the same.

Road how constructed.

ed.

SEC. 14. On the completion of said plank road, or any portion of the track not less than five 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 Toll gates and receive such tolls as from time to time they may think may be ereetreasonable, not exceeding two cents per mile for any vehicle drawn by two animals; and for any vehicle drawn by more than two animals, one half-cent per mile for every additional animal; and 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 twen ty 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-gates, to make a report to the leg