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SEC. 7. All property, real and personal, held by any Property exassociation formed under the provisions of this act, as here- tachment.sale inbefore specified, or by any town, city, or village, for cem- and taxes. etery purposes, not exceeding the amount herein befere specified, shall be exempt from attachment and sale on execution, and for all taxes whatsoever.

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SEC. 8. The certificate filed in pursuance of this act, or

Certificate &

this act rec'd

a copy thereof, duly certified by the register of deeds, to- as evidence. gether with this act, shall be received in all courts and places as evidence of the incorporation of such association.

TIMOTHY BURNS,

Speaker of the House of Representatives.

HORATIO N. WELLS,

APPROVED, March 11, 1848.

President of the Council.

HENRY DODGE.

AN ACT

Supplementary to an act to incorporate the Milwaukee and Waukesha rail road company, approved February 11th, 1847.

Be it enactedby the Council and House of Representatives of the Territory of Wisconsin:

thorized to

SEC. 1. That the Milwaukee and Waukesha rail road Company att company be, and they are hereby authorized and empow-continue road. ered to extend, lay out, and continue the railroad authorized to be constructed by the act to which this act is amendatory, from the Village of Waukesha, in the county of Waukesha,

To increase capital stock.

Powers of corporation.

to such point in the village of Madison, in the county of Dane, and thence west to such point on the Mississippi river, in Grant county, as the said company may determine.

SBC. 2. Whenever the said company shall decide to extend said rail road as aforesaid, they may increase their capital stock to three millions of dollars, which shall be subscribed in shares of like amount as the originals stock of said compa ny, and for that purpose may open anew their books of subscription, or open new books for the subscription of such additional stock,and may appoint such agent or agents to attend to the same as may be necessary for carrying out fully the provisions of this section..

SEC. 3. The said company shall have the same powers in location, continuing, and constructing said road from Waukesha to Madison and thence to, the Mississippi river, as pro vided in section, first, that they have upon, that portion of the road from Milwaukee to Waukesha, and all powers, regulations, and restrictions, and alt: authority granted to, and liabilities of said company shall not in any manner be abridged, extended, or altered, by the increase of capital stock, and extension of the road as aforesaid, except such alteration, extension, and increase as is authorized by the provisions of this, act,

TIMOTHY BURNS,

Speaker of the House of Representatives.

HORATIO N. WELLS,

APPROVED, March 11, 1848..

President of the Council.

HENRY DODGE..

AN ACT

To incorporate the Port Ulloa and Grafton Road
Company.

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

SECTION 1. That James T. Gifford, Daniel Wells, Jr., Phineas M. Johnson, Jacob T. Adrianca, William Schroder, Commissioners appointed. and George Lamberton, 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 Ulloa and Grafton 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 of said company, first giving thirty days' notice of the times and places of taking such subscriptions, by publishing the same in newspapers printed in Milwaukee and Washington counties.

created a bo

SEC. 2. All persons who shall become stockholders pursu- Stockholders ant to the provisions of this act, are hereby created a body corpo- dy corporate. rate in law, with continual succession, for fifty years, by the name and style of "The Port Ulloa and Grafton Road Com- Name and style of cor pany," for the purpose of constructing a charcoal, gravel, or poration. stone road from Port Ulloa, in the county of Washington via.. Grafton, in said county, and also on to Rock river, as the company may think proper. Shall have power to sue and be sued in all courts, to receive by gift or purchase, and hold all such real and 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 object of said road; to have and use a common seal, and pass all bye-laws necessary for the government of said company.

SEC. 3. The capital stock of said company shall be fifty Amount of thousand dollars, to be divided into shares of ten dollars each; capital stock.

When corporation may organize.

When first instalment

may be call ed in.

Road how constructed.

and shall be assignable and transferable in such manner as shall be prescribed in the bye-laws of said company.

SEC. 4. Whenever six thousand dollars of the capital stock of said company shall be subscribed for and dis tributed, 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 the county 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 also hold his office 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 six thousand dollars of the capital of said company shall be subscribed, the directors may call upon the stockholders for the first instalment of two 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 one or more newspapers printed in the city of Milwaukee, or in the county through which said road shall pass.

SEC. 6. The company when so organized shall have the right to locate and construct a single or double track turnpike, charcoal, gravel, stone, or plank road according to the provisions of the second section 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, gravel, or partly of each, so as to have a hard, smooth, and even 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 determined by the board of directors, and if the same be loca

route.

ted on any public highway, they shall have power to contract Location of with the commissioners of highways of the town in which said road may be, for the right to use such highway for the purpose 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 When road to the passage of this act, commence the construction of said ed. road, and shall not within that time have constructed a single or double track for a distance of six 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, nor 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.

SEC, 10. Whenever it shall be necessary for said company to enter upon, and occupy, for the purpose of making

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