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NO. 40.

AN AOT to amend an act entitled "An act to incoporate the Dodgeville

Mining Dompany."

SECTION 1. Be it enacted by the Council and House of Representatives of the Territory of Wisconsin, That so much of the Certain part of seventh section of the act above recited, approved December twenty pealed. second, one thousand eight hundred and thirty-eight, as reserves to the Legislative Assembly of this Territory, the power of repealing the act entitled "An act to incorporate the Dodgeville Mining Company," whenever, in the opinion of said Legislature, the interest of the people may require it, is hereby repealed.

Sec. 2. The Legislative Assembly shall have power to repea! When charter the act, of which this is amendatory, whenever it shall appear to may be repealed: the Legislature that the charter of the said company has been violated: Provided, that no repeal shall take place, until notice shall have been given to some officer of said corporation.

Approved, March 5, 1839.

NO. 41.

AN ACT further to amend the act to incorporate the Lafontaine Rail Road

Company.

Road where to

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

SECTION 1. The style and title of said company shall be "The Styleof comąpany Lafontaine Rail Road Company," and by that name they shall have and possess all the powers and privileges granted to them by the act entitled an act to' incorporate the Lafontaine Rail Road Company, approved January 11, 1838.

Sec. 2. The said company shall be and are hereby authorized to terminate the road.to be by them constructed; at such point on Winne- terminate. bago Lake, as they may deem most for the interest of said company.

Sec. 3. It shall and may be lawful for said company to construct a rail road or canal from Fond du Lac, to some point on Rock River, struct cenal. in town fourteen north, in range fifteen east; and the said road or canal shall, when constructed, be under the same control and management of said company, in all respects, as the road contemplated in the act incorporating said company.

Where may con:

Captial stoet to croused

Company may use inaterials Wong the road.

Sec. 4. The capital stock of said company is hereby increased to the sum of une hundred and fisty thousand dollars, to be divided into shares of fifty dollars each, and subscriptions to said capital stock, shall be made in the same manner as provided by the charter of said company.

Sec. 5. Said company sliall have the same power to enter upon, take, and use, the lauds and materials [of] along said contemplated road or canal, from Fond du Lac to Rock River, as they now possess, to take and use the lands, through which the Lafontaine rail road pay run, paying therefor damages to be ascertained as prescribed in the act of incorporation.

Sec. 6. Said company shall commence both of said works within two years

after the passage of this act, and shall complete them within seven years, and a failure herein shall be a forfeiture of the charter, so far as it effects the separate work, incomplete at that time.

Approved, March 5, 1839.

Works when to bo commenced.

NO. 42.

AN ACT to incorporate the Pekatonica and Mississippi Rail Road Company.

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

SEĆ. 1. That James M. Kane, William J. Madden, Charles Bracken and John Bracken of the county of lowa, James Durley, J. E. Dodge, James Mitchell and Thomas Cruson of Grant county, together with such other persons, as may hereafter become associated with them in the manner hereafter prescribed, their

successors and assigns, be and they are hereby created a body Stylo and powers corporate, by the pame of the “Pekatonica and Mississippi Rail of corporation.

Road Company,” and by that name shall be, and are hereby made capable in law to purchase, hold and enjoy and retain to them and their successors, lands, tenements and hereditaments so far as may be necessary for the prirpose of said rail road, and the same to sell, grant, rent or in any manner dispose of, to contract and be contracted with, sue and be sued, implead and be impleaded, answer and be answered, defend and be defended, and also to make, have and use a common seal, and the same to alter, break or renew at their pleasure, and is either of the persons named in this section, shall die, refuse or neglect to exercise the powers, and discharge

route.

the duties hereby created, it shall be the duty of the remaining persons hereinbefore named, or a majority of them to appoint a suitable

person or persons to fill such vacancy or vacancies so often as the same shall occur.

Sec. 2. That the said corporation are hereby empowered to cause Examination of such examination and surveys to be made, as shall be necessary to ascertain the most advantageous route, whereon to construct a rail road and shall cause an estimate to be made of the probable cost thereof, for each mile separately, and the said corporation shall be and they are hereby invested with the right to construct a rail road with one or more rail, ways or tracks, from or near the commencement

and termigation town of Mineral Point, in the county of Iowa, to the nearest and of-road. most practicable point on the Mississippi River in the county of Grant. Sec. 3. That the capital stock of said corporation shall be five

Capital stool hundred thousand dollars, and shall be divided into shares of one hundred dollars each, and five dollars on each share shall be paid at the time of subscribing. Sec. 4. That the above named persons, or

a majority of How subeeribol them. [are] authorised to open books for receiving subscriptions to the capital stock of said company, and shall prescribe the form of such subscription, which books shall be opened within two years from the passage of this act, åt such place or places as they may deem expedient, by giving thirty days notice Notice to be in some newspaper printed in the county of Iowa or Grant, and in given. such other place or places as may be thought advisable of the time and place or times and places of opening said books. Provided however, that if the publisher of any newspaper printed in said counties, shall neglect or refuse to print such notice, then the required notice shall be published by affixing the same to the door of the Court House in said counties, at least twenty days previous to the opening of said books, and said books shall be kept open at least ten days.

Sec. 5. That so soon as said stock or forty thousand dollars thereof shåll have been subscribed, the above. named persons or the same number thereof as shall have given the notice above required, shall give like notice for a meeting of the stockholders, to chouse directors at some time at least thirty days thereafter, and at some place within the said counties of Iowa and Grant, and if al such time and place the holders of one half or more of said stock subscribed, shall attend either in person or by lawful proxy, they shall proceed to choose from the stockholders by. ballot three

chosen

Directors how directors, each share or capital stock entitling the owner to one

vote, and at such election the persons named in the first section of
this act, or those appointed by its provisions to fill vacancies which
may have occurred, or any three of them if no more be present,
shall be inspectors of such election, and shall certify in writing,
signed by them or a majority of them, what persons are elected
directors, and if two or more have an equal number of votes, such
inspectors shall determine by lot which of them shall be directors
to complete the number required, and shall certify the same in like
manner, and such inspectors shall appoint the time and place of
holding the first meeting of directors, at which meeting seven

shall form a board competent to transact all business of the company, Annual election and thereafter, a new election of directors shall be made annually, thereof.

at such time and place as the stockholders at their first meeting
shall appoint, and if the stockholders at their first meeting shall
fail to appoint the day of such election, then it shall be holden in
the succeeding year on the same day of the same month, on which
said first election was holden, unless the same should be the first
day of the week, in which case it shall be holden on the day next
succeeding. And if no election be made on the day appointed,
said company shall not be dissolved, but such election may be made
at any time appointed by the by-laws of said company. And
directors chosen at any election, shall as soon as may be thereafter,

[as may be] choose of their own number one person to be President Secretary how

and another to be Secretary of said company, and from time to time
may choose such other officers as by their by-laws they may
designate 'as necessary.

Sec. 6. The directors may require payment to the subscription Payment of sub- to the capital stock, at such time, in such proportions, and on such and when made. conditions as they shall deem fit, under the penalty of forfeiture of

President and

chosen.

1

all previous payments thereon, or otherwise, Provided they shall never require the payment to be made at any place out of the counties through which said rail road shall pass. And such directors shall, at least thirty days previous to the appointed time of such required payments, give notice thereof in the manner provided in the fourth section "of this act, for giving notice of the opening of the books of subscription for the stock of said company:

Sec. 7. That the directors of said company shall have power General powers to make from time to time, all needful rules, regulations and by-laws of the corpora

touching the business of said company, and to determine the number of tracks and railways upon said road and the width thereof, and the description of carriages which may be used thereon,

dion,

road and use må.

struction.

lands used.

to regulate the time and manner in which passengers and goods
shall be transported thereon, the manner of collecting tolls for
such transportation, and to fix penalties for the breach of any such
tule, regulation or by-law, and to direct the mode and condition of
transfering the stock of said company and penalties provided for
the said by-laws may be sued for by any person authorised thereto,
in the name of said company and recover in an action of debt
before any. Court having jurisdiction of the amount, and said
company may erect and maintain toll houses and such other
buildings and fixtures as the accommodation of those using said
road of themselves as they may deem in any way necessary for
their interest or convenience.
Sec. $. That the said company shall have the right to enter

Right of eompaupon any land, to survey and lay down said road not exceeding one ny to survey hundred feet in width, and to take any stone or gravel necessary terials for its confor the construction of said road, and whenever any lands or materials shall be taken for the constrụction of such road, and the same shall not be given or granted to said company, as to the compensation to be paid therefor, the person or persons slaiming Compensation compensation as aforesaid, or if the owner or owners thereof are for materials or minors, insane persons, or married women, the guardian or guardians of such minor or minors, and insane persons, and the husband of such married woman may select for themselves an arbitrator, and May be settled

by arbitration. the company shall select an arbitrator, and the two then selected shall take to themselves a third, who shall be sworn and paid as arbitrators between the parties, and render copies of their award to each of the parties in writing, from which award either party may appeal to the Court of proper jurisdiction for the county in which such lands or materials may have been situate, and in all cases where compensation shall in any manner be claimed for lands where there has been no improvement made, it shall be the duty of the arbitrators and Court to estimate any advantage which the location and constructing of said road may be to the claimant, for such compensation and the value of such advantage if any, shall be set off against the compensation so claimed of şaid company, and all appeals in such cases, shall when taken, be in all respects proceeded in as appeals in other cases to said Court, and brought into said Court by filing the award with the Clerk of said Court, whose duty it shall be to enter the same on the docket of said Court, setting down the claimant or claimants as plaintiff, and said company as defendant, and when the valuation 80 ascertained, shall be paid or tendered by said company, said company shall have the same right to retain, own, hold and possess

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