bus mills to Columbin road. and it shall not be necessary to run with a compass such portions as follows, a section line or any line regularly divid ing a section when the same is adopted as part of the line of said roads. SEC. 46. That H. H. Starr, E. C. Picket, and Stephen From Colum Linderman, are hereby appointed commissioners to lay out Waterloo and and establish a territorial road, commencing at or near the Columbus mills, in Columbia county, thence south, and as near as practicable on the county line between Dodge and Columbia counties, until it intersects the Waterloo and Columbus road, forty rods south of the section corners of sec tions twenty-four, twenty-five, nineteen, and thirty, near Stephen Linderman's. TIMOTHY BURNS, Speaker of the House of Representatives. APPROVED, March 13, 1848. · President of the Council. HENRY DODGE. AN ACT To incorporate the Hustisford and Columbus Be it enacted by the Council and House of Representatives of the Territory of Wisconsin: SECTION 1. That Clark Lawton, Allen H. Atwater, WilCommission liam H. Lander, Daniel E. Basset, Joshua G. Guffy, James ers appointed. Luddington, John Hustis, William T. Ward, Levi Blossom and Increase A. Lapham, be, and they are hereby appointed commissioners, tnder the direction of a majority of whom subscriptions may be received to the capital stock of the Hustisford and Columbus Plank Road Company, hereby incorpo-. rated, 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 one or more newspapers printed in Milwaukee, Jefferson, and Dane counties. style or cor SEC. 2. That the capital stock of said company shall be one hundred thousand dollars, in shares of ten dollars each; and as soon as one thousand shares of the capital stock shall Amount of capital stock, be subscribed, and one dollar of each share actually paid in, the subscribers of such stock, with such other persons as shall associate with them for that purpose, their successors, and assigns, shall be, and they are hereby declared a body corporate and politic, by the name and style of "The Hustisford and Columbus Plank Road Company," with perpetual succes- Name and sion; and by that name shall have all the privileges, franchises, and immunities incident to a corporation; they shall be capable in law of purchasing, holding, selling, leasing, and conveying estate, either real, personal or mixed; and in their corporate name may sue and be sued, may have a common seal, which they may alter or renew at pleasure, and generally may do all and singular the matters and things which they are authorized by law to do for the interest and well-being of said company. When corpo:. SEC. 3. That the said commissioners, or a majority of them, after, the said one thousand shares of stock shall have been subscribed as aforesaid, shall give at least twenty days' ration may organize. notice in the newspapers herein before mentioned, of the time and place of meeting of the stockholders for the purpose of electing seven directors; and annually thereafter the said stockholders shall meet on the first Monday of July for the purpose of electing directors as aforesaid, upon a like previous notice to be given by a majority of the directors, for the time being, in such newspapers as they may think proper: Provi-. Provisos. ded, that previous to the first election, the commissioners hereinbefore named shall elect one of their number president, and they shall perform all the duties, and be invested with all the powers, of directors: And provided, that if from any cause an election shall not be held at the regular time specified therefor, the same may be held at any other time, on notice as aforesaid. That until such election, the directors of the preceding year shall continue to act, and this charter shall not be avoided by reason of the irregularity or want of such election: and in case of any vacancy in the board of directors, the same shall be filled by the other directors or a majority of them. General pow. ers of direc tors. Power to make bye. laws. Powers of directors. SEC. 4. The affairs of the said company shall be managed by a board of seven directors, who shall be stockholders, and be chosen annually by ballot, by the stockholders of said company, the votes to be given in person or by proxy duly authorized; which directors shall appoint one of their number president; and shall serve until others are elected in their stead. They shall make and establish such byelaws, rules, orders, and regulations, not inconsistent with the constitution and laws of the United States, and of the State or Territory of Wisconsin, as may be necessary for the wellordering of the affairs of said company. Each share of stock shall be en titled to one vote; and in all cases of elections for director the seven stockholders having the greatest number of votes shall be declared duly elected. SEC. 5. Five directors shall be a quorum for the transac tion of business, who, in the absence of the president, may appoint a president pro tem. The said directors shall appoint 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 in which the said stockholders shall pay the money due on their respective shares; may forfeit to the use of the said company the share or shares of every person or persons failing to pay any instalment at a reasonable period not less than sixty days after the time appointed for the payment thereof. They shall have power to regulate tolls, to make such covenants, contracts, and agreements with any person or persons, or body politic whatsoever, as the execution and management of the works, and convenience and in-. terests of the company may require, and in general to superintend and direct all the operations, receipts, disbursements, and other proceedings of the company. The commissioners, until the directors are chosen, shall issue certificates to each stockholder for the number of shares he or she shall subscribe for, or hold in said corporation, signed by the president, and countersigned by the secretrry, subject to all the payments due, and to becoine due thereon, which stock shall be transferable in person or by attorney, executors, administrators, guardians or trustees, under such regulations as may be provieed by the bye-laws of said company. SEC. 6. The said company shall have power to locate a single or double track plank road, from such eligible point in Road how constructed. the village of Hustis ford, in Dodge county, to such eligible point in the village of Columbus, Columbia county, and to unite and consolidate stock with any other plauk road company as shall be determined upon by a vote of the stockholders having a majority of the stock of said company, and who I shall be represented in person or by proxy at a special meeting called for the purpose of fixing the location or termination of said road, and they shall have power to erect all such toll-houses, bridges, and other works and appendages as may ors. be necessary for the convenience of said company in the use Further sowof said road, and also to connect the said road with other ers of directplank roads, in the territory or state of Wisconsin. The diIrectors shall exercise all the powers conferred on them by law, shall audit and pay all accounts, fix the compensation and salary of the officers they may appoint, and meet at such times and places as they may prescribe in the bye-laws to be enacted by them. They may appoint and remove all officers at pleasure, prescribe the meeting of the stockholders, and declare and pay the dividends, or so much of the surplus. profits of the company, as they shall deem advisable, which may accrue on the shares of said stock, to the stockholders Land may be taken. How lands assessed and paid for of said campany, on the first Monday of July and January of each year. SEC. 7. It shall and may be lawful for the said company, their officers, engineers and agents to enter upon any land for the purpose of exploring, surveying, and locating the route of said plank road, doing thereto no unnecessary damage, and when the said route shall be determined by the said compa ny, it shall be lawful for them, their agents, officers, engi neers, contractors and servants, at any time, to enter upon, take possession of, and use such lands, not exceeding four rods in width along the line of said route; 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. SEC. 8 When the said corporation cannot agree with the owner or owners of any land, gravel, stone, or other material required for the construction of said road, for the purchase thereof, or the compensation to be paid therefor, or when by reason of the absence, or legal incapacity of the own er or owners, no such agreement or purchase can be made. then, and in any such case it shall be lawful for any justice of the peace of the town in which the property may lie, to issue his warrant directed to the sheriff or any constable of said county, not directly interested, requiring him to summon a jury of nine freeholders of said county not interested in said property, to meet at some convenient place at or near the property to be valued, on a day in said warrant named, no: less than five nor more than ten days from the date of said warrant; and if at the time and place named, any of the persons so summoned do not attend, the said sheriff or constable shall immediately summon as many as may be necessary, with the persons in attendance, as jurors, to furnish a panne. of nine jurors, and from them the said company, and the owner or owners of the property to be valued, their agent or attorney, or either of them, and if they are not present in person or by attorney, the sheriff or constable shall, for him, her, or them, strike off, each two, of said jurors, and the remaining five shall act as a jury of inquest of damages, and before they act as such, the said justice of the peace shal |