administer to each of them an oath or affirmation that he will faithfully and impartially value the land or material required for such road, and all damages which the owner or owners shall sustain by reason of the construction of said road, taking into consideration the advantages the same will be to the owner or owners according to the best of his skill and judgment; whereupon the said jurors shall proceed to view the said land or materials so required, and to hear the evi dence of the respective parties, which the said justice shall reduce to writing, which shall be signed by all or a majority of said jurors, and by the justice; and the said justice shall, within five days thereafter, transmit the same to the clerk. of the district court of the proper county, who shall file the same. Such inquisition shall describe the property taken or to be taken, or the boundaries of the land in question, and the value thereof as aforesaid, and such valuation when paid, together with the costs of the inquisition, or tendered to the owner or owners or deposited with the said court, shall entitle the said company to the estate and interest in the same thus valued, as if it had been conveyed by the owner or owners thereof in fee simple: Provided, that it shall not be lawful for any such jury of inquest to proceed in the valuation of any such property or material in the absence of the owner or owners thereo f, his, her, or their legal representatives, unless it be made to appear by affidavit, that such owner or owners have had at least five days' notice of the time and place of meeting, for the purpose of making such valua tion, or unless it shall in like manner be shown, that such owner or owners are absent from the county; and if such owner or owners are under age, or non compos mentis, the service of notice upon the guardian, or trustee, if any there be, or their absence from the county shall be required to be established by affidavit to the said justice before they shall proceed to make such valuation. stock to be SEC. 9. The shares of stock of the corporation shall be deemed personal property, and every person becoming a Shares of stockholder, by transfer, purchase or other rise, of shares of deemed perstock, shall suceeed to all the rights and liabilities of the sonal proper. prior holder of said share or shares, and the said shares ty. Use of high. way to be paid for. Toll gates may be erected. Rates of toll. shall be liable to be taken in execution for the payment of debts of their owner, in such manner as is or may be provided by law: Provided, that all debts due said company sball be first paid. Whenever the route of said road follows the line of any public highway, the said company shall not take possession of the said highway until the commissioners of highways for the town through which it passes shall have given them written consent, which shall be recorded in the town clerk's office; or if the said commissioners refuse to give their consent, then the damages to the town shall be appraised or ascertained, as in case of private property, and the amount so appraised for each highway so taken, shall be paid to the said commissioners of the town to which it be longs, to be by them applied in improving the roads in such town. SEC. 10. The directors may erect toll gates and exact toll from persons travelling on their road whenever five consecu tive miles are finished, or when the whole road is completed. not exceeding two cents a mile, for every vehicle, sled. sleigh, or carriage drawn by two animals, and if drawn by more than two animals, one cent a mile for every additional animal for every vehicle, sled, sleigh, or carriage drawn by one animal, one cent a mile, and for every horse and rider, or led animal, one cent a mile; for one score of sheep or swine, three cents a mile, and for every score of neat cattle. four cents per mile: Provided, that persons going to and from military parade, at which they are required by law i attend, and persons going to or from funerals shall be exempt from toll. Penalty for SEC. 11. If any person shall wilfully and knowingly obstruct, injury to road break, injure or destroy the plank road so to be constructed by said company, or any part thereof, or any work, building or fixture attached to 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 damages by said company, by an action of debt, in any court Laving competent jurisdiction in the county wherein the offence shall have been committed, and shall also be subject to indictment, and upon conviction shall be punished by fine not less than fifty nor more than two hundred dollars, and imprisonment, not exceeding thirty days, or either, at the discretion of the court. creased. SEC. 12. The directors of said company may at any an- How stock nual or special meeting of the stockholders, with the consent may bo inof a majority in amount of such stockholders, provide such increase of the capital stock of said company as may be found necessary to complete said road in such sections as may have been actually commenced but remain in an unfinished state for want of means for completing the same. Charter may SEC. 13. If said corporation shall violate any of the priv ileges hereby granted, the legislature of the state of Wiscon- be resumed. sin may resume all and singular the rights and privileges. vested in said company. Amount of in be damanded. SEC. 14. No instalment shall be demanded of any shareholder, by the directors of said company exceeding one dollar stalments to on each share, at any one time, nor while a sum exceeding three thousand dollars remains in the hands of the treasurer, unappropriated to the work at that time contracted. SEC. 15. Any person who shall wilfully break or throw Penalty for injury to down any gate on such road, which may have been erected toll-gates. in pursuance of this act, or do any damage to said road, or forcibly or fraudulently pass any such gate without having paid the legal toll, or to avoid the payment of the legal toll, shall, with his team, carriage, or animal, turn out of said road, or pass any gate thereon on ground adjacent thereto, and again return 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 done to the profits of said company, in an action of trespass. ed. SEC. 16. If said corporation shall not, within three years When road to from the passage of this act, commence the construction of be commenc said plank road, and expend three thousand dollars, or more, thereon, and shall not within ten years from the passage of this act, construct, finish and put in operation a single or double track of plank road from Hustisford to Columbus as afore strued. said, then the rights, privileges and powers of said corporation under this act shall be null and void. SEC. 17, This act shall be favorably construed to effect How act con- the purposes thereby intended, and the same is hereby declared to be a public act, and copies thereof printed by authority of the territory, shall be received as evidence thereof. SEC. 18. This act may be amended by any future legislature of the territory or state of Wisconsin. Act may be amended. TIMOTHY BURNS, Speaker of the House of Representatives. APPROVED, March 13, 1848. President of the Council HENRY DODGE. Preamble. AN ACT To authorize the trustees of the Beetown lands, in Grant county, to convey, and for other pur poses. WHEREAS under the authority of an act of congress approv ed 3d of March, 1847, Charles Dunn, judge of the first jud cial district, including Grant county, in Wisconsin territory. entered in the land office at Mineral Point, the northeast quarter and the northeast quarter of the southeast quarter of section number thirty, in township number four, north of range number four west, containing two hundred acres, which said several tracts of land were entered in trust for the use of the inhabitants of Beetown, situated on said tracts, in said county of Grant. Whereas in said act of congress it is provi ded that the execution of said trust, as to the disposal of the lots in said town, and the proceeds of the sales thereof shall be conducted under such rules and regulations as may be presented by the legislture of the territory of Wisconsin. Now therefore Be it enacted by the Council and House of Representatives of the Territory of Wisconsin: SECTION 1. That Nelson Dewey, M. R. Young, and Clov- Commission. ty. is Legrave, be, and they are hereby appointed commission- ers appointed ers, and their duty shall be to cause said town of Beetown and their duto be laid out into suitable and convenient town lots, streets and alleys respective [ly,] as nearly as public convenience. permits, of the claims of the citizens of said town, and a plat thereof to be made with accuracy and precision, and immediately thereafter they shall meet as a board of claims and appoint a time and place in said town, to hear and decide. upon the claims of the citizens of said town to town lots, or a lot therein. In deciding upon such as may be presented by the original claimant, his or her assignee, or legal representative, the board shall be governed by equitable and conscientious principles, settling the claim in favor of the person really entitled. The board shall give reasonable notice of the time and place of their meeting to adjust claims. Register to be kept. Further duty SEC. 2. The said board shall keep a register of all claims allowed and confirmed, stating therein the name or names of the person or persons owning the claim, and a description of the lot or lots numbered by claim. They shall continue the Meeting to be meeting from day to day allowing every claimant an oppor- continued. tunity to come in and make proof of his claim, and the commissioners as a board of claims shall set at such times as may of commis be deemed expedient, to hear and adjust all existing claims sioners. which may be brought before them, and after the business of said board as a board of claims, shall cease, all claims then allowed and confirmed, shall be registered as above provided. The decision of the board shall be conclusive on all parties concerned, and the said board shall forthwith append the reregistry of claims allowed and confirmed, to the plat of said town, and acknowledge the said plat and registry as their act and decision, under and by virtue of the authority hereby |