per from anoth

ive counties, work-houses for the accommodation and employment of such paupers, as may from time to time become a county charge; and said work-house, and paupers, shall be under such rules and regulations as said board of commissioners may deem proper and just; and that if any person shall bring and leave any Penalty for pauper, or paupers, in any county in this territory, bringing a pauwherein such pauper is not lawfully settled, knowing er county. him or them to be paupers, he shall forfeit and pay the sum of one hundred dollars, for every such offence, to be sued for, and recovered, by and to the use of such county by action of debt, before any justice of the peace in the proper county, or any court having jurisdiction of the same.

SECTION 11. That from and after the first organi- Repealing zation of the first board of county commissioners, in the clause. several counties in this territory, all acts and parts of acts, contravening any of the provisions of this act, are hereby repealed and of no effect. Approved Jan. 3, 1838.

No. 23.

AN ACT to incorporate the Milwaukee and Rock river canal com

pany.

SECTION 1. Be it enacted by the council and house of Name and style reprsesentatives of the territory of Wisconsin, That all of company. such persons as shall become stockholders, agreeably to the provisions of this act, in the corporation hereby created, shall be a body politic and corporate, by the name and style of "the Milwaukee and Rock river canal company," and by that name, may have succes- Powers. sion, may sue and be sued, complain and defend, in any court of law or equity, may purchase, hold and convey real, personal or mixed estate, may make and use a common seal, and alter the same at pleasure, may make by-laws, rules and regulations for the management of its property, the regulation of its affairs, and for the transfer of its stock, not inconsistent with the laws of this territory, and of the United States; and may moreover appoint such subordinate agents,

Capital stock.

Mode of obtain. ing subscrip tions thereto.

Directors, how elected.

officers and servants, as the business of said corporation may require and allow to them a suitable compen sation, prescribe their duties, and require bonds for the faithful performance thereof, in such penal sum, and with such sureties, as they may choose, who shall hold their offices during the pleasure of a majority of the directors of said corporation.

SECTION 2. That the capital stock of said corporation shall be one hundred thousand dollars, which shall be deemed personal property, and shall be divided into shares of one hundred dollars each.

SECTION 3. That John S. Rockwell, Alvin Foster, Augustus A. Bird, Madison W. Cornwall, Solomon Juneau, James Sunderson and Byron Kilbourn, shall be commissioners for receiving subscriptions to the capital stock of said corporation, who shall give notice, within twelve months after the passage of this act, of the time and place where books will be opened, at Milwaukee, and such other places as they may deem necessary, in some public newspaper, at least ten days. previous to the opening of such books of subscription. A majority of said commissioners shall appoint one or more of their number, who shall attend at the time and place appointed, by such notice for the opening of said books, and shall continue such subscriptions to the capital stock, of the said corporation, from all persons who shall subscribe thereto, until at least fifty thousand dollars shall have been subscribed; whereupon said books may be closed, by the said commissioners, and transferred to the board of directors, as hereinafter provided. Each subscriber, at the time of subscribing, shall pay to the commissioners one dollar on each share of the stock by him subscribed; and the said commissioners shall, as soon as the directors are elected, deliver to them the whole amount of money received on the subscription of stock.

SECTION 4. That the affairs of said corporation shall be managed by a board of seven directors, to be annually chosen by the stockholders, from among themselves. As soon as may be, after fifty thousand dol lars of the capital stock shall have been subscribed, the commissioners shall give notice of the time and place, at which a meeting of the stokholders will be held, for the choice of directors; and at such time and place, appointed for that purpose, the commissioners or a ma

jority of them shall attend, and act as inspectors of said election; and the stockholders present, shall proceed to elect their directors by ballot, and the commissioners present shall certify the result of such election, under their hands, which certificate shall be recorded in the books of the corporation, and shall be sufficient evidence of the election of the directors therein named. All elections thereafter shall be held at the time, and in the manner, prescribed by the by-laws and regulations of said corporation. Each stockholder, shall be allowed as many votes, as he owns shares, at the commencement of such election; and a plurality of votes shall determine the choice. The said directors shall hold their offices for one year, and until their successors are elected, and they shall elect one of their number as president of said board.

may be increas.

SECTION 5. That the capital stock of said corpora- Capital stock tion time hereafter be increased, to a sum ed. may at any not exceeding one million of dollars, if the same shall be judged necessary to the completion of the work; and the same, as well as any portion of the capital stock which shall not have been subscribed for and taken, as herein before provided, shall be subscribed. for and taken, under the direction of the directors of said corporation, whenever they shall direct one or more books to be opened for that purpose, and shall be subscribed and taken, in such manner as the said directors for the purpose shall order and appoint. The said directors shall have power to collect, under such regulations as they may deem proper, the amount subscribed by each stockholder, in instalments not exceeding ten dollars on each share, after giving thirty days' notice in some public newspaper published at Milwaukee, of the time at which such instalment will be required; and in case any stockholder shall neglect or refuse to pay the amount of his subscription, when so required, the said directors shall have power to sue for, and collect the same, in an action of assumpsit in any court having cognizance thereof.

SECTION 6. That said corporation shall have the Location of caright to construct, maintain and continue, a navigable nal. canal, or slack water navigation, from the town of Milwaukee to Rock river, on such route, and of such dimensions, and to terminate at such point, as shall be determined on by said corporation; and to construct

Feeders and branch canal

Company may take private property.

In case of dis.

value.

such navigable feeders for said canal, as shall be found actually necessary; and also a branch canal, to connect with the Fox or Pishteekee river, at or near Prairie Village, in Milwaukee county, under the same rights and privileges, as by this act is provided for constructing the main canal.

SECTION 7. That it shall be lawful for said corporation, by themselves and by any and every superintendent, agent, and engineer, employed by them, to enter upon, and take possession of, and use, all and singular any lands, waters, streams, and materials, necessary for the prosecution of the improvements authorized by this act; and to make all such feeders, dykes, locks, dams and other works and devices, as they may think proper for making said improvements, doing neverthe-. less no unnecessary damage; and that in case any lands, waters, streams, or materials, taken or appropriated for any of the purposes aforesaid, shall not be given or granted to said corporation, and in case said corporation shall not be able to acquire the title to the same by agreement with the parties concerned, a board agreement as to of appraisers shall be appointed, consisting of three persons, one of whom shall be appointed by the directors of the company hereby incorporated, one by the claimants applying for damage, and one by the commissioners or supervisors of the county, in which said lands, waters, streams, or materials, shall be, who shall, before they enter upon the duties of their office, severally take an oath or affirmation, before some person authorized to administer oaths, faithfully and impar tially to perform the duties required of them by this act. And it shall be the duty of said appraisers or a majority of them, to make a just and equitable estimate and appraisal, of the loss or damage, if any, over and above the benefit and advantage accruing by said works to the respective owners and proprietors, or parties interested in the lands, waters, streams, or materials, so taken for the purpose aforesaid. And the said appraisers, or a majority of them, shall make regular entries of their determination and appraisal, with an apt and sufficient description of the several premises taken and appropriated, for the purposes aforesaid, in a book or books, to be provided and kept by the directors of said corporation, and certify and sign their names to such entries and appraisal, and in

compensation

years.

like manner, certify their determination as to those several premises which will suffer no damage, or will be benefited, more than injured, by or in consequence of the works aforesaid. And the said corporation shall pay the damages so assessed, and appraised, and the fee simple of the premises so taken and appropriated, shall thereupon vest in the said corporation: provided, Application for however, that if the owner or owners of the lands, must be made waters, streams and materials, so taken and appropri- within two ated, shall not make application to said corporation for the payment of damages by them sustained, within two years after such lands, waters, streams, or materials, shall have been taken possession of by the corporation, he, she or they shall thenceforth be barred from the collection of any damages from said corporation, for the lands, waters, streams or materials,so used: provided, however, that if either party shall feel aggrieved by any decisions of said board of appraisers, he, she or they shall have the right of appeal to the district court, within the county where the damages in Appeals allow question may have been sustained.

SECTION 8. That it shall be lawful for the said. corporation, to commence the construction of said canal at such points on any part of the aforesaid route, as in their judgment may appear expedient and proper; and so soon as any portion of said canal shall be completed, it shall be lawful for said corporation, to erect toll houses thereon, and collect such tolls as shall from time to time be prescribed by the legislature of this territory, or any state that may be formed out of the same, on the east side of the Mississippi river. And said corporation is hereby authorized to borrow any sum Company may of money which may in their discretion be deemed necessary for the proper and efficient prosecution, of the works authorized by this act.

borrow money.

lations.

SECTION 9. That it shall be lawful for the directors May make regu of said corporation, to make from time to time, such rules and regulations, not inconsistent with the laws of this territory, and of the United States, in respect to the size and structure of boats, rafts and other floats, on the waters of said canal, and the weighing and inspecting of boats and their loading, and in respect to all matters in relation to the navigation of the canals, and the collection of tolls and water rents; and impose such forfeitures of money, for the breach of such