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Road may cross streams or public roads.

Rate of tolls.

Carriages traveling on road.

Road when to be

said lands and materials as fully and absolutely as if the same had been granted and conveyed to said company by deed, so long as the same shall be used for the purposes of said road.

SEC. 9. The said company may construct the said rail road across or upon any public road, highway, stream of water or water course, if the same shall be necessary, but the said company shall restore such road, highway, stream of water or water course to its former state, or in a sufficient manner not to impair the usefulness of said road, highway, water or water course to the owner or the public.

SEC. 10. That said company may demand and receive for tolls upon, and for the transportation of persons, goods, produce, merchandize or property of any kind whatever, transported by them along said rail way, any sum not exceeding the following rates on all goods, merchandize or property of any description whatever transported by them, a sum not exceeding one and one half cents per mile, per ton for toll, five cents on a ton per mile for transportation on all goods, produce, merchandize or property of any description whatsoever transported by them or their agents, and for the transportation by them or their agents and for the transportation of passengers not exceeding three cents per mile for each passenger.

SEC. 11. That all persons paying the toll aforesaid, may with suitable and proper carriages, use and travel upon the said road, always subject however, to such rules and regulations as said company are authorized to make by the seventh section of this

act.

SEC. 12. Said company shall commence the road within four commenced and years, and complete the same in ten years, otherwise this charter completed. shall be null and void.

Dividend of nett profits when made.

Injuries to road how punished.

SEC. 13. That so soon as the amount of tolls accruing and received for the use of said road, or part thereof according to the provisions of this act, shall exceed five per centum, on the amount of said capital stock paid in, after deducting therefrom the expenses and liabilities of said company, the directors of said company shall make a dividend of such nett profits among the stockholders in proportion to their respective shares; and no contingent or accumulating fund exceeding one per centum of the profits of said company, shall remain undivided for more than six months.

SEC. 14. That if any person or persons shall wilfully obstruct or in any way spoil, injure or destroy said road, or any thing

belonging or incident thereof [thereto] or any materials to be used in the construction thereof; or any building fixtures, or carriages erected or constructed for the use or convenience thereof, such person or persons shall each be liable for every such offence to trebie the damages sustained thereby, to be recovered by action of debt in any Court having jurisdiction of the amount.

es through lands

ways to be con

SEC. 15. That whenever it shall become necessary in the location When road pass. or construction of said road, to pass through the land of any of individuals, individual, it shall be the duty of said company to provide for said proper wagon individual, proper wagon ways. It shall be liable to such indi- structed. vidual in double the amount of damages occasioned by such neglect.

Territory or

chase stock

SEC. 16. That the Territory or future State of Wisconsin, as the case may be, shall have power at any time to purchase the State inay pur stock and road of said company for the use of the Territory or State, at a price not exceeding the original cost, for construction, repairs and fixtures of said railroad, and seven per cent thereon, of which cost an accurate account shall be kept and submitted to the Legislature, duly attested on the oath of the officers of said company whenever the Legislature shall demand the same. Approved, March 6th, 1839.

NO. 43.

AN ACT to incorporate the Union Mining Company.

SECTION 1. Be it enacted by the Council and House of Repre sentatives of the Territory of Wisconsin, That John W. Blackstone, William S. Derring, and Samuel H. Scales, and such other persons as they may associate with them, be and they are hereby declared to be a body corporate, for the term of thirty years, by the name and Duration, style and powers of style of the Union Mining Company, and by that name shall be company. capable of suing and being sued, of pleading and being impleaded, of defending and being defended, in all courts and places whatsoover, and may have a common seal, and may change the same at pleasure.

SEC. 2 The lead lands at present owned by the said John W. Blackstone, William S. Derring, and Samuel H. Scales, together with those of such other persons as may be associated with them: Provided, said lands do not exceed two thousand acres, may be

Capital stock.

Business to be managed by 7 directors.

How elected.

Term of office.

Operations of

divided into stock of not more than three thousand shares of one hundred dollars each.

SEC. 3. The business of said company shall be managed by seven directors, one of whom shall be chosen president, by the directors, who shall be annually elected, on the first day of July, by the stockholders, who may vote in person or by proxy, and each share shall be entitled to one vote. The said directors shall hold their offices for one year or until others are elected: Provided, that no person shall be a director of said company, or hold such office of director, unless he be a stockholder in said company.

SEC. 4. The operations of said company shall be confined to company limited. townships number one (1) north, in ranges numbered one (1) and two (2) east of the fourth principal meridian, in Iowa county, and Territory of Wisconsin.

Treasurer, Sec

retary and sub.

ordinate officers

how appointed.

Their compen

sation.

General powers of directors.

able and liable to taxation.

SEC. 5. The president and directors of the said company, shall have power to appoint a treasurer and secretary, to hold their offices during their pleasure, and all such subordinate officers as they may deem expedient, and the duties and compensation of all such officers, shall be determined by the president and directors.

SEC. 6. The president and directors shall have power to transact all business of the company, by themselves or their agents, and shall with a majority of the shareholders, have power to make such by-laws, rules, and regulations, for the government of the said company, as they may deem proper: Provided, such by-laws, rules, and regulations, are not inconsistent with the constitution and laws of the United States or of this Territory.

SEC. 7. The shares of the said company shall be personal property, Shares transfer and shall be transferable in such manner as the by-laws shall prescribe, and shall be liable to taxation to the same extent, and no greater, as other property is or may be, and may be taken in execution in the same manner as other personal property, and it shall be competent for the Legislature to prescribe the manner in which execution shall be levied thereon.

SEC. 8. The Legislature or either branch thereof, may at any Powers reserved time examine the affairs of said corporation by a committee or to the legislature. otherwise, and shall have power to alter or repeal this charter at pleasure, Provided, thal no repeal shall take place unless it shall appear to the Legislature that this charter has been violated, and that notice shall be given to some officer of said corporation before any repeal shall take place.

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SEC. 9. This act shall not be construed so as to confer any Banking privileges.

of real estate.

Brc. 10. The company shall be capable of purchasing, holding and conveying real estate, Provided, the real estate shall not of the purchase exceed two thousand acres, and shall have actually had discovered thereon, lead ore; and all deeds and conveyances, executed by the President in the name of the company, shall be sufficient in law to convey the title of the company to the lands therein described. This act shall take effect from and after its passage. Approved, March 7, 1939.

NO. 44.

AN ACT to incorporate the Gratiot Grove Mining Company.

Duration, style

SECTION 1. Be it enacted by the Council and House of Repre sentatives of the Territory of Wisconsin, That Jno. P. B. Gratiot Dan. Argent, Fortunatus Berry and C. II. Gratiot and such other persons as they may associate with them, be and they are hereby declared to be a body corporate and politic for the term of twenty- and powers of five years, by the name and style of the (ratiot's Grove mining company, and by this title shall be capable of sueing and being sued, of pleading and being impleaded, of defending and being defended in all courts and places whatsoever, and may have a common seal and may change the same at pleasnre.

company.

Capital stock.

SEC. 2. The capital stock of said company shall be one hundred thousand dollars to be divided into one thousand shares of one hundred dollars each, providing nevertheless that the stockholders of said company at a general meeting, and by a vote representing in its majority at least two thirds of the stock subscribed to said company, may and are hereby empowered to increase the capital How increased. stock of said company to two hundred thousand dollars, divided in the same manner as before, into shares of one hundred dollars each, and the said company shall be authorized to purchase, hold and convey any lands in the county of Iowa, for the purpose of conducting their mining and smelting operations, provided they shall not hold or possess during the continuance of this charter more than eight hundred acres of land, and also that said operation Not to hold more of mining and smelting shall be confined to the limits of the land. present county of Iowa, and all deeds executed by the president in the name of said company, or to said company by their corporate name shall be sufficient in law, to convey the title to the lands therein described.

than 800 acres of

President how elected.

SEC. 3. The stockholders or a majority of them shall elect five Directors and directors by ballot, one of whom shall be elected by them president, and in said election and on any occasion wherein a vote of stockholders is to be taken, any share shall entitle the holder thereof to one vote, and every stockholder may vote himself or by proxy, Provided, the proxy be derived directly from each stockolder. Duties of presi. The president shall preside at all meetings of said corporation, and of the directors, and when presiding cr an equal division of the members present, at any meeting of said association or of the directors, shall have the casting vote, and in case of absence, the directors or a majority of them may appoint a president pro. tem. to preside at such meeting, and to do all other acts that the president might have or could do.

dent.

Business to be managed by 5 directors.

To be elected annually.

SEC. 4. The business of said company shall be managed and conducted by five directors, to be elected annually as hereinbefore stated, on such days as may be fixed upon by their by-laws, who shall hold their office one year, and until others are elected, Provided, always that no persons shall be elected as directors of said company, or hold such office of director except he be a stockholder in said company, and if any vacancy shall occur by Vacancies how death, resignation or otherwise, of any president or director before the year for which he was elected has expired, a person to fill such vacancy for the residue of the year, may be appointed by the directors, or a majority of them.

filled.

Treasurer and other officers how appointed.

General powers of directors.

able and liable to taxation.

SEC. 5. The president and directors of the company shall have power to appoint a Treasurer and such other officers and agents, as .may be deemed necessary, to remove them at pleasure, to prescribe their duties and to allow them such compensation and salaries as to them shall seem meet.

SEC. 6. The president and directors shall have power to transact all the business of the company to wit: That of mining and smelting and every thing connected therewith by themselves or their agents, and also to make and prescribe such by-laws, rules and regulations as to them shall appear needful and proper, touching the management and disposition of the property, estate and effects of said company, as also for its government, Provided, such bylaws, rules and regulations are not inconsistent with the constitution and laws of the United States and of this Territory.

SEC. 7. The shares of said company shall be personal property Shares transfer and shall be transferable in such manner as shall be prescribed by the by-laws of said company, and shall be liable to execution to the same extent and no greater, than other property, and may be taken on execution in the same manner as other personal property

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