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Penalty for wil

or swine one cent per mile; and for every score of neat cattle two cents per mile.

SEC. 14. If any person shall wilfully and knowingly obful obstruction. struct, break or injure or destroy the road so constructed by said company, or any part thereof, or any work or fixtures attached to or in use upon the same belonging to said company, such person or persons so offending, shall each of them for every such offence, be liable to a civil suit for the recovery of damages by said company, in any court having competent jurisdiction in the county, and shall also be subject to indictment, and upon conviction of such offence shall be punished by fine and imprisonment, or either at the discretion of the court.

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SEC. 15. The property of every individual which may be invested in said corporation shall be liable to be taken in execution for the payment of his or her debts, in such manner as is or may be provided by law: Provided, that all debts due said company from such individuals shall be first paid.

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SEC. 16. The debts and liabilities of said corporation shall not exceed in amount, at any one time, fifty per cent. of its cap. ital actually paid in, and if debts and liabilities shall at any time be incurred to a greater amount than by this section is provided for, the directors of said company shall be jointly and severally individually liable for such excess, in addition to their other liabilities in law as provided for in this act.

SEC. 17. The directors of said company may, at any annual or special meeting of the stockholders, with the consent of a majority in amount of said stockholders, provide for such increase of the capital stock of said company to complete said road.

SEC. 18. If said company shall abuse the privileges hereby granted, the legislature may resume all and singular the rights and privileges vested in said company by this act, and may es tablish rules and regulations for the government of said compa ny, in relation to said road and the use of the same.

SEC. 19. That said company shall be liable for all injury or damage which any person may sustain in his person or property, by reason of the said road being out of repair, or any defect in said road.

SEC. 20. This act may be altered or amended by any future legislature of the State of Wisconsin.

FREDERICK W. HORN,

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{An Actsto amend the Charter of the Rock River Valley Union Railroad Company. Chap. 189 The People of the State of Wisconsin represented in Senate. and Assembly, do enact as follows:

SECTION 1. That said company shall have power and auth-Power to extend ority to extend the Rock River branch of the road to Lake Su

perior.

may be increas

ed.

SEC. 2. Said company may in its discretion increase its Capital Stock capital stock three millions of dollars. SEC. 3. Said company shall have power to increase its Number of Dinumber of Directors to any number not exceeding fifteen.

rectors may be increased.

enter upon ad

quired.

When not given

court to appoint

to assess dama

ges.

SEC. 4. The said company shall have the right to enter upon any lands, to survey and lay down said road not exceeding company may one hundred and thirty feet in width, and also to enter upon joining lands any lands adjoining said road, and obtain therefrom land, grav- for materials reel, stone and other materials as may be necessary for the construction of said road, and whenever any lands or materials shall be required for the construction of said road, and the same how materials shall not be given or granted to said company, the compensa- to be paid for. tion to be paid therefor by said company shall be ascertained in the manner following, to wit: Said company shall apply to the judge of the circuit court of the first circuit, for the appointment of three commissioners, whose duty it shall be, at the Judge of Circuit earliest practicable time after their appointment, to proceed to Commissioners examine and assess the damages which may be sustained by the several owners or claimants of the lands through which the road of said company is located, and the said commissioners in assessing said damages, shall deduct therefrom the benefit, which said lands receive by the construction of said road. It shall be the Duties of Comduty of the said company to give thirty days notice of their application for the appointment of said commissioners, in one or more newspapers published in each of the counties through which said road is laid out, and in case no newspaper is published in any one of said counties, then by posting up such notice on the door of the court house in said county thirty days before the time of making such application, and it shall be the duty of application for said commissioners to cause ten days notice of their meeting to appraise the damages to any lands through which said road may run, to be given to the owner or claimant thereof, and in case Commissioners said owner or claimant shall be a minor, insane person, or married woman, then such notice shall be given to the guardian, praise damages. committee, or husband of such minor, insane person, or married woman. Either party feeling himself aggrieved by the decis. Right of appeal ion of said commissioners, may appeal to the circuit court of the county in which said lands may be situated, and said appeal shall be tried in the same manner as any suit commenced there

missioners.

Company to give notice of Commissioners.

to give notice of meeting to ap

in: Provided, That said company shall not in any manner be No delay by ap

peal.

delayed in the construction of their road by any such appeal, but may proceed immediately with such construction, on paying into the office of the clerk of said court the amount of monies awarded to the owner or owners of said lands, and filing a bond with said clerk to said owner or owners, binding said company to pay such further sum as may be finally awarded against said company. The notice to be given by the commissioners to the owners of lands required for the railroad shall be in writing, and delivered to said owner or owners, or left at their usual place of Notice-how to residence, if residents of this State, or if non-residents, then be given said notice to be given in a newspaper published in the county in which said land is situated, at least four weeks before making such appraisement.

Notice to owners to be in wri

ting

Connection with other roads

Company may borrow money

therefor

SEC. 5. Said company is authorised and empowered to connect its road with the road of any railroad company or companies in the state of Illinois, or to become part owner or lessee of any railroad in said state, and any railroad company in said state of Illinois duly organised under the laws of said state of Illinois may connect its road with the road of said company, and may in like manner, with the consent of said company, become part owner or lessee of the road of said company, or of any of its branches, or any portion thereof situated in this

state.

SEC. 6. Said company is hereby authorised to borrow monand issue bonds ey to be expended in the construction and equipment of their said road and its appendages, and to issue bonds for the payment thereof in the usual form, said bonds not to exceed in the aggregate at the period of the completion of said road three fourths of the whole amount actually expended in said road and its appendages as aforesaid. And may make and execute in the corporate name of said company, all necessary writings, notes, bonds, or other papers for any liabilities that it may incur in the construction or equipment of said road.

Franchise to vest for a part completed

Amendment by erasure

Sections repeal

ed

SEC. 7. The said company is hereby authorised and empowered to construct their said railroad and its branches in sections as fast as they may obtain the means for so doing, and the franchise of the portions so completed and put in operation, shall vest in said company the same as though the whole were completed.

SEC. 8. Section second of the act to incorporate said company under the name of the Madison and Beloit Railroad Company, approved August the nineteenth, eighteen hundred and forty-eight, is hereby amended by striking from said section the words for each mile separately.'

SEC. 9. Section eight, ten, eleven and thirteen of the act incorporating said company, entitled "an act to incorporate

the Madison and Beloit Railroad Company," approved August the nineteenth, eighteen hundred and forty-eight, are hereby repealed.

FREDERICK W. HORN,

Speaker of the Assembly.

SAMUEL W. BEALL,

Lt. Governor and President of the Senate.

Appoved, March 11th, 1851.

NELSON DEWEY.

An Act to amend an act entitled "An Act to incorporate the Port Washington, Hori- Chap. 190

icon and Beaver Dam Turnpike Company," approved March 11, 1848.

The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

maintain a toll

bridge.

SECTION 1. That so much of section fourteen of an act in- Company may corporating the Port Washington, Horicon and Beaver Dam gate at a certain turnpike company, approved March eleventh, eighteen hundred and forty-eight, is hereby amended so that said company shall have power to erect and maintain a toll-gate at the bridge crossing the Milwaukee river, in the town of Saukville, county of Washington.

FREDERICK W. HORN,

Speaker of the Assembly.

SAMUEL W. BEALL,

Lt. Governor and President of the Senate.

Approved, March 11th, 1851.

NELSON DEWEY.

An Act to confer certain powers upon organised School Districts, and for other pur

poses.

The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

Chap. 191

School Districts

in certain cases.

SECTION 1. It shall be competent for any legally organised may sue Town school district in this State to commence suit on the official bond Superintendent of the town Superintendent of common schools of the town in which such district is situated, for the recovery of any monies lawfully due and belonging to such district, in all cases where such town Superintendent shall neglect or refuse for the space of ten days from the time by law fixed therefor, to apportion and pay over to the proper officer of such district the school monies aforesaid.

or Town Super

SEC. 2. It shall also be competent for such school district, School Districts or the town Superintendent of common schools, in case of default intendents may of the town Treasurer or county Treasurer to pay over to the County Treas town Superintendent of the town in which such district is situ-urers in certain

sue town or

cases.

Suits may be commenced in

sons to whom

lated, the school monies which by law should be paid over to such Superintendent, to commence suit on the official bond of such town or county Treasurer for the recovery of such monies. SEC. 3. For the purposes of this act the said school district the name of per- or the said Superintendent shall have full power aud right to Bond was given commence such suit in the name of the persons or officers to whom any bond as aforesaid shall be given, and to control and prosecute such suits without hindrance from the nominal plaintiffs to such suits: Provided, that such district or Superintendent, as the case may be, shall be responsible for any costs that may be finally adjudged against the plaintiffs.

Proviso:

Rule of Evidence and Ju

SEC. 4. In the prosecution of suits under this act, a copy risdiction of the official bond sued upon, duly certified by the officer in whose custody such bond is placed by law, shall be deemed sufficient for all purposes of proof required in law in said suits. And any suit under this act in which the sum claimed to be justly due shall not exceed the sum of one hundred dollars, may be commenced and prosecuted before any Justice of the Peace, in the same manner as other cases.

Chap. 192

Street vacated.

Chap. 193

FREDERICK W. HORN.

Speaker of the Assembly.

SAMUEL W. BEALL,

Lt. Governor and President of the Senate.

Approved March 11th, 1851.

NELSON DEWEY.

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An Act to vacateja part of a street ia the Village of Omro.

The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows :

SECTION 1. All that part of Division Street being north of Water Street in the western addition to the village of Omro in the county of Winnebago is hereby vacated.

SEC. 2. This act shall be in force from and after its passage.

FREDERICK W. HORN,

Speaker of the Assembly.

DUNCAN C. REED,

President pro tempore of the Senate.

Approved March 11th, 1851.

NELSON DEWEY.

An Act to authorise the laying out of certain State roads therein named.

The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

SECTION 1. That A. B. Foster, Justus Showers and P. C.

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