Chap. 138 Proviso. Rudd, the sum of two bundred and thirty-nine dollars, out of any money in the treasury not otherwise appropriated, in full payment for furnishing and engraving forty-seven seals for the use of the State of Wisconsin. FREDERICK W. HORN, Speaker of the Assembly. DUNCAN C. REED, President pro tempore of the Senate. Approved March 1st, 1851. NELSON DEWEY. An Act to provide for the laying out of a state road in the county of Brown, The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. That Burr S. Craft, Clark Knight, and George M. Lowe be, and they are hereby appointed commissioners to lay out and establish a state road from the Grand Kauhana, in the county of Brown, to the Oneida settlement, passing through towns twenty-one and twenty-two, north range, eighteen east, and towns twenty-one, range nineteen east. SEC. 2. The commissioners, for laying out said road, shall receive such compensation as the board of Supervisors of the county of Brown may determine: Provided, That no part of the expense of laying out said road shall be paid out of the State Treasury. FREDERICK W. HORN, Speaker of the Assembly. DUNCAN C. REED, President pro tempore of the Senate. Approved March 1st, 1851. NELSON DEWEY. An Act to appropriate to H. Van Duzen the sum therein named. The People of the State of Wisconsin, represented in Senate Chap. 139 and Assembly, do enact as follows: SECTION 1. There is hereby appropriated to H. Van Duzen sixteen dollars and fifty cents, out of any money in the treasury not otherwise appropriated, in full payment for medicine and attendance on David J. Odell and Levi Bates, State convicts during the year of our Lord one thousand eight hundred and fifty. FREDERICK W. HORN, Speaker of the Assembly. DUNCAN C. REED, President pro tempore of the Senate. Approved, March 1st, 1851. NELSON DEWEY. An Act to amend an Act entitled "An Act to incorporate the Sheboygan and Fond Chap. 140 du Lac Road Company. The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. It shall be lawful for the company incorporated by the Act entitled "An Act to incorporate the Sheboygan and Fond du Lac road company" approved March eleventh, eighteen hundred and forty-eight, and they are hereby authorised and empowered to extend the road authorised to be constructed by said act from Fond du Lac by way of Rosendale to some eligible point on Fox River north of Green Lake, and also to construct a branch of said road from Fond du Lac by way of Rosendale to some eligible point on Fox River south of Green Lake. SEC. 2 The said two points on Fox River shall be located by said company by the first day of June next.. FREDERICK W. HORN, Speaker of the Assembly. DUNCAN C. REED, President pro tempore of the Senate. Approved, March 5th, 1851. NELSON DEWEY. An Act to incorporate the Milwaukee and Green Bay Plank Road Company. Chap. 141 The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: to receive sub SECTION 1. That F. Rosenthal, George Schmidt, Erust Salomon, Joachim Grauhagen, F. W. Allerdury, D. Richards, John Link, Rich Carlisle, L. Marke, John Bertsdry and H. G. Post be and they are hereby appointed commissioners, under the Commissioners direction of a majority of whom subscriptions may be received scriptions, to the capital stock of the Milwaukce and Green Bay plank road company hereby incorporated; 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 stock of said company, first giving thirty days' notice of the times and places of taking such subscription by publishing the same in one or more newspapers printed in the city of Milwaukee. corporate pow SEC. 2. The capital stock of said company shall be twenty-five thousand dollars, and shall be divided into shares of twenty dollars each, and as soon as two hundred shares of the capital stock shall be subscribed and one dollar of each share Constitutional actually paid in, the subscribers of such stock, with such other ers. persons as shall associate with them for that purpose, their successors and assigns, shall be and they are hereby declared and created a body politic and corporate by the name and style of to give notice of election. Proviso the "Milwaukee and Green Bay Plank Road Company," with perpetual succession, and by that name shall have all the privileges, franchises and immunities incident to a corporation, to wit: They shall be capable in law of purchasing, holding, leasing and conveying estate either real or personal or mixed, and in their corporate name may sue and be sued, may have a common seal which they may alter or renew at pleasure, and generally may do all and singular the matters and things which they are authorised by law to do for the interest and well-being of said company. SEC. 3. The said commissioners, or a majority of them, after the said two hundred shares of stock shall have been subCommissioners scribed as aforesaid, shall give at least twenty days' notice in the newspaper hereinbefore mentioned, of the time and place of meeting of the stockholders, for the purpose of electing seven directors, who shall elect one of their number President, and annually thereafter the said stockholders shall meet on the first Monday in May for the purpose of electing directors as aforesaid, on a like previous notice to be given by a majority of the directors for the time being, in such newspapers as they may think proper. Provided, that previous to the first election the commissioners hereinbefore named shall elect one of their number President, and they shall perform all the duties and be invested with all the powers of directors; and provided, that if, from any cause, an election shall not be held at the regular time specified therefor, the same may be held at any other time on notice as aforesaid; that until such election, the directors of the preceding year shall continne to act, and this charter shall not be avoided by reason of irregularity or want of Vacancies, how such election; and in case of any vacancy in the board of directors the same shall be filled by the other directors or a majority of them. filled rectors. SEC. 4. The affairs of said company shall be managed by a. board of seven directors who shall be stockholders, and be chosen annually by ballot, by stockholders of said company; the vote to be given in person or by proxy duly authorised; which directors shall appoint one of their number President, and shall Powers of Di. Serve until others are elected in their stead. They shall make and establish such by-laws, rules, orders and regulations not inconsistent with the constitution or the laws of the United States and of the State of Wisconsin as may be necessary for the well ordering of the affairs of said company. Each share of stock shall be entitled to one vote, and in all cases of election for directors the seven stockholders having the greatest number of votes shall be declared duly elected,; SEC. 5. Five directors shall constitute a quorum for the transaction of business, who, in the absence of the President, may appoint a President pro tem.; the said directors shall appoint a Secretary, Treasurer, such engineers and other officers as they may find necessary, and fix their compensation, and may demand adequate security for the performance of their respective trusts; they shall have the full power to decide the time and manner in which the said stockholders shall pay the money due on their respective shares,not exceeding twenty-five per cent in any one instalment, and to forfeit to the use of said company the share or shares of every person or persons failing to pay any instalment at a reasonable period, not less than thirty days after the time appointed for the payment thereof, they shall have power to regulate tolls, to make such covenants, contracts and agreements with any person or persons or body politic whatsoever as the execution and management of the works, and the convenience and interests of the company may require, and in general to superintend and direct all operations, receipts, disbursements and other proceedings of the company; the commissioners, until the directors are chosen, shall issue certificates to each stockholder for the number of shares he or she shall subscribe for or hold in said corporation, signed by the President, Certificates of and countersigned by the Secretary, subject to all the payments transferable. due and to become due thereon; which stock shall be transferable in person or by attorney, executors, adminstrators, guardians or trustees, under such regulations as may be provided by the by-laws of said company. upon Stock to be construction to SEC. 6. The said company shall have power to locate and construct a single or double track, plank or gravel road from Third street in the second ward of the city of Milwaukee, to Good Hope in the town and county of Milwaukee, on or as near as Location and practicable to the Green Bay road, to some point in the north- be decided at a ern part of the town of Granville as shall be determined special meeting. by a vote of the stockholders having a majority of the stock of said company, and who shall be represented in person or by proxy at a special meeting called for that purpose. They shall have power to erect all such toll-houses, bridges, and other works and appendages as may be necessary for the convenience of said company in the use of said road. The directors shall exercise all powers conferred on them by law, shall audit and pay all accounts, give and receive all such receipts and discharges of debt, as shall be deemed best for the interest of said company. fix the compensation and salary of the officers they may appoint, and meet at such times and places as they may provide in the by-laws to be enacted by them. They may appoint and remove all officers at pleasure, prescribe the meetings of the stockholders, and declare and pay the dividends, or as much when dividends may be declared of Lands-how made. of the surplus profits of the company as they shall deem advisable, which may accrue on the shares of said stock to the stockholders of said company, on the first Monday of May and December in each year. SEC. 7. It shall and may be lawful for said company, their officers, engineers and agents, to enter upon any lands for the purpose of exploring, surveying and locating the route of said Appropriation plank road, doing thereto no unnecessary damage; and when said route shall be determined by said company, it shall be lawful for them, their agents, officers, engineers, contractors and servants at any time to enter upon, take possession of and use such land for the purpose of said road, not exceeding four rods in width along the line of said route, 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 for. be summoned to SEC. 8. When the said corporation cannot agree with the owner or owners of any land, gravel, stone or other materials required for the construction of said road for the purchase thereof, or the compensation to be paid therefor or when by reason of the absence or legal incapacity, of the owner or owners, no such agreement, or purchase can be inade, then, and in any such case, it shall be lawful for any Justice of the Peace of the county in which the property may lie to issue his warrant directed to the sheriff or any constable of said county, not directly inWenjoy my terested requiring him to summon a jury of nine freeholders of assess damages. said county not interested in said property to meet at some convenient place at or near the property to be valued on a day in the said warrant named not less than five nor more than ten days from the date of such warrant; and if at the time and place named any of the persons so summoned do not attend,the said sheriffor constable shall immediately summon as many as may be necessary with the persons in attendance as jurors to furnish a pannel of nine jurors, and from them the said company and the owner or owners of the propertyto be valued, their agent or attorney or either of them,and if they are not present in person or by attorney, the sheriff or constable shall for him or her, strike off each two of said jurors and the remaining five shall act as a jury of inquest of damages; and before they act as such the said sheriff or constable shall administer to each of them an oath or affirmation that he will faithfully and impartially value the lands or materials required for said 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 parties shall proceed to |