der oath.

person, or by attorney, the sheriff or constable shall, for him, ber or them, strike off, each, two of said jurors, and the remaining five shall act as a jury of inquest of damages. Before they act as such, the said Justice of the Peace shall administer Jury to act anto each of them an oath or affirmation, that they will faithfully and impartially value the land and material required for such 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 justice and jurors shall proceed to review the said land or material so required, and to hear the evidence of the respective parties, which the said justice shall reduce to writing, which shall be signed by the said justice, and the verdict of the jurors thereon shall be signed by the jurors, or a majority of them, and by the justice of the peace; and the said justice Justice to repert of the peace shall within five days thereafter, transmit the of Court. same to the clerk of the district court of the proper county,

verdict to Clerk

who shall file the same. Such inquisition shall describe the property taken, or to be taken, or the boundaries of the land in question, and the value thereof as aforesaid, and such valuation, when paid, together with the cost of such inquisition, or ten-> dered to the owner or owners, or deposited with the said court, shall entitle the said company to the estate and interest in the same thus valued; and if it had been conveyed by the owner or owners thereof, so long as the land thus valued and taken shall be used for the track of said plank road:Provided, that it shall not be lawful for any justice and jury of Proviso: inquest to proceed in the valuation of any such property or material, in the absence of the owner or owners thereof, his, her or their legal representatives, unless it be made to appear, by affidavit, that such owner or owners have had at least five days notice of the time and place of meeting, for the purpose of making such valuation, or unless it shall in like manner be shown that such owner or owners are under age, or non compos mentis. Such service of notice may be made upon the Notice to ownguardian or trustee, under the same restrictions as in the case of owners, or if there be no guardian or trustee, the same shall be established by affidavit: Provided, that no such mate-Proviso. rials shall be taken, if the jury shall decide that the same are essential to the owner or owners thereof.

ers-how serve

power.

SEC. 11. The directors shall have power in their discretion Discretionary to construct said plank road along and upon any road, or highway, now or hereafter to be laid, opened and established by the proper authorities, and of such width, and in such manner as

the said directors shall determine: Provided, That such author- Provmo.

Rates of Toll.

Proviso.

Directors may

ties in payment for Stock.

ity shall first to proceed from the supervisors of the town in which such public highway may be situated. And they may erect toll gates, and exact toll from persons traveling on their road, whenever five consecutive miles are finished, or when the whole road is completed, not exceeding two cents per mile for every vehicle, sled, sleigh or carriage, drawn by two animals, and if drawn by more than two animals, one cent per mile for every additional [animal] for every sled, sleigh or carriage drawn by one animal, one cent per mile; and for every horse and rider, or led animal, one cent per mile; for every score of sheep or swine, one cent per mile, and for every score of neat cattle, four cents per mile: Provided, That persons going to and from military parade, at which they are required by law to attend, and persons going to or returning from funerals, shall be exempt from tolls. The toll-gatherer at each gate, when erected on said road in pursuance of this act, may detain and prevent from passing such gate an animal or carriage, subject to toll, until the toll thereon is pai1.

SEC. 12. The said directors may receive from any stockreceive securit holder in said company, in lieu of money for the stock subscribed by him, real or personal (property) to the approval of said board of directors, and upon the acceptance of such security from said stockholders, or any of them, the subscription of such stockholder shall be considered as paid, and certificates of stock shall be issued to said stockholder in the same manner as if he had paid in the full amount of his subscription in money; and it shall be competent for the said stockholders paying their subscriptions to said stock in securities as aforesaid, to contract and to pay to said company interest at the rate of twelve per centum, for a period not exceeding ten years, and to execute to said company, by its corporate name, bonds, mortgages, or notes, for such stock, which shall be available for the use and Interest trans benefit of said company, and for all subsequent holders thereof, and be transferable by them, in the same manner as if the same were made payable to individuals, or to their order or assigns.

ferable.

Penalty for wilful damage.

SEC. 13. If any person shall wilfully, or knowingly, obstruct, break, injure, or destroy the said road, to be constructed by said company, or any part thereof, or any work, buildings, 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, by an action of trespass, in any court having competent jurisdiction in the county wherein the offence shall have been committed; and shall also be subject to indictment, and upon conviction, shall be punished by fine and imprisonment, or either, at the discretion of the

court.

SEC. 14. Any person who shall wilfully break or throw down any gate on such road, which may have been erected in pursuance of this act, or do any damage to said road, or forcibly or fraudulently pass such gate without having paid the legal toli, or to avoid the payment of the legal toll, shall, with his team, carriage or animal, turn out of said road, or pass any gate thereon, or ground adjacent thereto, and again return on said road, shall, for each offence, forfeit a sum not exceeding ten dollars, to and for the use of the said company, and also for all damages done to the profits of said company in an action of trespass.

Penalty avoiding To

how incsease

SEC. 15. The directors of said company, at any annual Capital Stoc or special meeting of the stockholders, with the consent fa majority in amount of said stockholders, may provide for such increase of the capital stock of said company as may be found necessary to complete said road, in such sections as may have been actually commenced but remain in an unfinished state for want of means for completing the same.

SEC. 16. If said company shall not, within three years Conditions from Charter. the passage of this act, commence the construction of said plank road, and expend three thousand dollars or more thereon, and shall not, within ten years from the passage of this act, constract, finish, and put in operation a single or double track plank road, the rights, privileges and powers of the said corporation under this act shall be null and void.

SEC. 17. This act shall be favorably construed to effect the purposes thereby intended, and the same is hereby declared to be a public act, and copies thereof printed by authority of the state, shall be received as evidence thereof.

SEC. 18. This act may be altered or amended by any fu ture legislature of the State of Wisconsin.

FREDERICK W. HORN,

DUNCAN C. REED,

Speaker of the Assembly.

President pro tempore of the Senate.

Approved March 12th, 1851.

NELSON DEWEY.

Rule of I

dence.

An Act to incorporate the Milwaukee and Lisbon Plank Road or Turnpike Company Chap. 2

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

70

ration.

SECTION 1. The stockholders of the Milwaukee and Lisbon Name of co Plank Road Company having been duly organised and having complied with all of the provisions of chapter fifty of the Revised Statutes requisite for a complete organisation, under the

ers.

general Plank Road Law, according to the affidavit of the directors of said company endorsed on the articles of association, now on file in the office of the Secretary of State, and not being able to accomplish the objects of said association under the general law, are hereby declared a body politic and corporate by Corporate pow- the name and style of "The Milwaukee and Lisbon Plank Road Company," with perpetual succession, and they shall retain all the rights and be subject to all the liabilities acquired or incurred under their previous organisation, and shall have all the privileges, franchises and immunities incident to a corpora tion, to wit: They shall be capable in law in their corporate capacity of sueing and being sued, of purchasing, holding, leas ing, and conveying estate either real, personal, or mixed, and in their corporate name 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.

Mlection of Directors-how canducted.

Stock to vote.

SEC. 2. That the business and property of this company shall be managed and conducted by a board of seven directors. who shall be elected annually, at such time and place as shal! be directed by the by-laws of said corporation, and public notice shall be given of the time and place of holding such election, of not less than twenty days previous thereto, in such manner as shall be prescribed by the by-laws of said company. The election of the directors shall be made by such of the stockholders as shall attend for that purpose, either in person or by proxy. All elections shall be by ballot, and each stockholder shall be entitled to as many votes as he or she shall own shares of stock, and the persons having the greatest number of votes shall be directors. Whenever any vacancy or vacancies shall happen in the board of directors, such vacancy or vacancies shall be filled for the remainder of the term by the remaining directors. The directors shall hold their office for the term of one year, and until others are elected in their place, and no person shall be a director unless he is a stockholder in the comQualification of pany. And no stockholder shall be entitled to vote for directors or for any other purpose, unless all assessments due on his stock shall have been paid before such election.

voters.

Special Elections when to be held.

SEC. 3. That in case it shall happen that an election for directors shall not be held on the day fixed for such election by the by-laws of said company, such corporation shall not for that reason be dissolved, but it shall be lawful to hold an election on any other day, for directors, as shall be provided for in the said by-laws and in all such cases the same notice of the time and place of holding such election shall be given as is required in the preceding section and all of the acts of the di

rectors shall be binding as against said corporation until their successors shall have been elected.

SEC. 4. Four directors shall form a quorum for the trans- Quorum. action of business and the acts of a majority of such quorum

shall bind the corporation.

Directors to choose a Presi

SEC. 5. The directors at their first meeting after their election shall choose one of their number as President, and they dent. shall supply a vacancy in the office of President whenever the same shall occur.

cific powers of

SEC. 6. The President and directors shall have power to General and spe make and prescribe such by-laws, rules and regulations res- Directors pecting the transfer of the stock, and the management and control of the property, business and affairs of said corporation as they may deem proper, and not inconsistent with the constitution and laws of this State or of the United States. They shall have full power to decide the time and manner in which the said stockholders shall pay the money due on their respective shares, not exceeding ten per cent. in any one instalment, nor shall any two instalments be required to be paid within thirty days of each other. They may sue for instalments in the name of the corporation, after the same shall have been due thirty days, or may declare the shares of stock, on which said instalment shall have remained so due, forfeited to the use and for the benefit of said company, provided the same be not paid within thirty days after the publication of a notice to that effect in some paper published in the county where the owner or owners of such shares shall reside. And in case no paper shall be published in such county, then the same may be published in a paper in an adjoining county, or by written notice served upon such owners. They shall exercise all powers conferred on them by law, and pay all accounts, give and receive such receipts and discharges of debt as shall be deemed by them for the best interests of said company. They may prescribe the time for the meetings of stockholders, appoint and remove at their pleasure, a Secretary and Treasurer, an Engineer, and such other officers as they may find necessary, and prescribe the duties and compensation, and may require such security as they may think proper for the faithful perform ance of their trusts. They shall meet at such times and places as shall be prescribed in the by-laws. They shall have power to regulate tolls, and to make such covenants, contracts and agreements with any person or persons, or body politic whatsoever, as the execution and management of the work and construction of said road, the convenience and interest, the consolidation of the stock of said company, and the prosperity of said company.