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Supervisors may grant com.

pensation.

Proviso

Chute in the county of Brown, to Stephens' Point on the Wisconsin river in the county of Portage.

SEC. 2. The said commissioners shall receive for the laying out of said road such compensation as the supervisors of the several counties through which the road shall run may determine : Provided, that no monies in the State treasury shall be appropriated therefor.

FREDERICK W. HORN,

Speaker of the Assembly.

DUNCAN C. REED,

President pro tempore of the Senate.

Approved, March 11th, 1851.

NELSON DEWEY.

Chap. 239.

Who to build and maintain bridge.

Draw to be fur

nished and kept

An Act to authorise the construction of a toll bridge across Fox River.

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

SECTION 1. That Edward C. Foote, James Hanchett and Tracy P. Brigham, their associates and assigns, be, and they are hereby authorised and empowered to build and maintain a bridge across Fox river, at such point between the head and foot of Grand Chute Rapids as they may deem most expedient and advisable.

SEC. 2. Said bridge shall not be less than twelve feet wide free of charge. and shall contain a draw of sufficient width to pass and re-pass all boats and water crafts free of charge and expense and without unnecessary delay.

Rates of Toll.

List of Rates to be posted up.

SEC. 3. The persons herein named, their associates and assigns, shall have power after the completion of said bridge to demand and collect tolls for passing the same as follows: for every vehicle drawn by one horse or mule, ten cents; for every vehicle drawn by two animals, twenty cents, and for every additional animal, five cents; for every foot passenger, three cents, and for all animals in droves, two cents each.

SEC. 4. The said Edward C. Foote, James Hanchett and Tracy P. Brigham, their associates and assigns shall keep posted up in some conspicuous place on said bridge a list of the rates of tells allowed by this act.

any

SEC. 5. This act may be amended, altered or repealed by future legislature.

FREDERICK W. HORN,

DUNCAN C. REED,

Speaker of the Assembly.

President pro tempore of the Senate.

Approved March 11th, 1851.

NELSON DEWEY.

An Act to provide for the election of Supervisors in the city of Kenosha.

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

Chap. 240

when elected.

SECTION 1. At the annual election to be held in the city of Supervisors Kenosha on the first Tuesday of April next, and at each annual election thereafter, there shall be elected one supervisor in the first ward of said city, and one supervisor from the second Their powers and third wards of said city, who are hereby empowered and authorised to meet with and act in the county board of supervisors of the county of Kenosha, in the same manner and with the same rights and powers as is or may by law be prescribed and exercised by other members of said boord.

SEC. 2. This act shall take effect 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 incorporate the Fond du Lac County Plank road Company.

Chap. 241

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

tions.

SECTION 1. That Mason C. Darling, William H. Walker, Commissioners George McWilliams, T. D. Gillett, John Sewell, Brown- ceive subscripappointed to reson, D. R. Carran, John Root, E. W. Davis, William Starr, Addison Mapis, Frankiin Lathrop, Charles F. Hammond, 2d, Joseph Scribner, George D. Curtis, Josiah Drummond, J. W. Carlurt, J. Look, Peter V. Saug, C. E. Stawund, L. P. Hill, C. J. Goss and B. F. Moon be, and they are hereby appointed commissioners, under the direction of a majority of whom subscriptions may be received to the capital stock of the Fond du Lac county 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 receiving such subscriptions by publishing the same in one or more newspapers printed in Fond du Lac county.

SEC. 2. The capital stock of said company shall be one Incorporation. hundred thousand dollars, in shares of ten dollars each, and as soon as five hundred shares of the capital stock shall be subscribed, and five per cent. of the amount thereon

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actually paid in, or secured to the said company, the subscrib ers of such stock, with such other persons as they shall there after associate with them for that purpose, their successors and assigns, shall be, and they are hereby created and declared f body corporate and politic, by the name and style of the "Fon du Lac County Plank Road Company," with perpetual succes Corporate pow- sion, and by that name shall be capable in law of purchasing holding, selling, bargaining and conveying estate, real, person al or mixed, in their corporate name may sue and be sued may have a common seal which they may alter or renew a pleasure, and generally may do all and singular the matten and things which an incorporated company may by law do.

ers.

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made.

SEC. 3. The said Commissioners, or a majority of them Election of Di- after said five hundred shares of stock shall have been sub scribed as aforesaid, shall give at least twenty days notice in one or more of the newspapers of the said county of Fond du Lac, of the time and place of the meeting of the stockholders for the purpose of electing seven directors, who shall hold their offices until their successors are elected, and annually there after upon the anniversary of the first election, upon notice of the place of meeting being given by the directors, then in be ing, being published in one or more of the newspapers in the county aforesaid, to be designated by the said directors, the said stockholders shall meet to elect directors: Provided, tha until the first election of directors, the said Commissioner above named, upon the subscription of five hundred shares o stock, and the organizing of said Commissioners by the election by them of one of their number President, shall have all the powers and perform all the duties of a board of directors fo said company, and the corporate existence of said compan shall be taken and held to have begun and be complete as if regular election of directors had taken place, and in case of a vacancy at any time happening in the board of directors, or in Vacancies--how the said board of commissioners acting in the capacity of di rectors, the board shall have power to fill such vacancy.

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SEC. 4. The affairs of said company shall be managed by Stock to vote. the said directors, who shall be stockholders, and be chosen by ballot by the stockholders in person, or by proxies duly author ised, and in all elections, and in the discussion of all questions: acted upon at any meeting of the stockholders, each share of stock shall be entitled to one vote; and the majority of the votes cast shall govern, except in elections where the five per sons having the greatest number of votes cast for directors, shall be declared duly elected.

SEC. 5. A majority of said directors shall form a quorum

of Directors.

for the transaction of all business, and shall organise by choos. General powers ing one of their number President, and they shall have power to appoint a Secretary and Treasurer, and such other officers or agents as they shall deem fit, and may fix their compensation, and may demand adequate security for the performance of their respective trusts, and may remove said officers, and revoke the powers of such agents at pleasure; they shall also have power to make all necessary and proper by-laws, rules and regulations, for the management of said company, the subscription of stock, the payment of instalments thereon, the assignment and transfer of stock certificates, and prescribing the duties of officers, all of which by-laws, not inconsistent with the " constitution and laws of this state, when duly recorded in the books of the company, shall be effectual and binding upon the members of said company, and all persons interested therein, as if the same formed a part of this act of incorporation.

General powers

issue stook cer

SEC. 6. The said board of directors shall also have power of Directors. to decide the time and manner in which said stockholders shall pay instalments upon their stock, and to declare the forfeiture of said stock, and all prior payments thereon, for failure to pay such instalments as may be called for, and also to adopt, in behalf of the company, a relinquishment of any stock subscribed, and execute to the person or persons relinquishing the same, valid releases, discharging them from all liabilities thereafter, for on account of the acts of said company or its officers. SEC. 7. The said directors shall have power to regulate Directors may tolls, and to make such covenants and contracts, in the name, tificates. and under the seal of said company, with any person or persons, as the execution and management of the work, and the convenience and interest of the company may require; and may issue to each stockholder a certificate or certificates for the shares which he, she, or they, shall subscribe for, stating in the body of such certificate or certificates, the amount paid on such share at the time of the issuing of such certificate or certificates, which certificate or certificates shall be signed by the President and countersigned by the Secretary of said company, and which certificate or certificates shall be transferable in the manner prescribed by the by-laws of said company.

SEC. 8. The said company shall have power to locate and construct a single or double track road from the village of Fond du Lac in Fond du Lac county, to the town of Rusendale and thence to the west line of the county; also, from the village of Fond du Lac aforesaid to the town of Waupau; by the most eligible and practicable routes, as the, directors shall decide. The said company shall also have power to extend the said roads, and to build branches therefrom whenever they may

Location and route of roads.

how increased.

Capital Stock-deem it expedient, and to increase the capital stock to three hundred thousand [dollars.] The said company shall have pow Optional inde er to grant stock in, construct and use either of the said roads pendence of Roads. independent of the other the same as though the roads were incorporated by distinct acts of incorporation. The track of said road shall be constructed of plank, stone, gravel, charcoal, or either, in whole or in part, each at the option of the directors, so that the same when completed shall constitute a firm, regular and proper surface for the passage of wagons and carriages.

Occupation of Lands-when! lawful.

Proviso.

When Justice may issue warrant summon.

ing Jury.

SEC. 9. 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 plank read, doing thereto no unnecessary damage, and when said route shall be determined by the 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 lands, 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 there for, or as will be ascertained in the manner hereinafter directed: Provided, that in such places as may be necessary for the company to obtain gravel and stone, or to make excavations and embankments for the construction of said road, the company may locate the route of said road, not to exceed six rods in width, and they may also cut down such trees, on each side of said road, as may endanger said road by falling or otherwise.

SEC. 10. When the said corporation shall not agree with the owner or owners of any land, gravel, stone, or other material required for the construction of said road, for the purpose thereof, or for 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 made, then, and in any such case, it shall be lawful for any Justice of the Peace to issue a warrant, directed to the sheriff or any constable of said county, not directly interested, requiring him to summon a jury of nine freeholders of said county, not interested in said property, to meet the said justice at some convenient place, at or near the property to be valued, on a day in said warrant named, not less than five nor more than ten days from the date of said warrant; and if at the time and place named, any of the persons so summoned do not attend, the said sheriff or constable shall immediately summon as many as may be neces sary, with the persons in attendance, as jurors, to furnish a pannel of nine jurors, and from them the said company, or the owner or owners of the property to be valued, their agent or attorney, or either of them, and if they are not present in

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