Division of capital Stock.

tionally.

may require, and in general to superintend and direct all the operations of said company.

SEC. 7. The capital stock of said company shall not exceed the sum of one hundred and fifty thousand dollars, which shall be divided into shares of twenty-five dollars each. And said company shall have power to construct a single or double track plank road or turnpike road of a hard and even surface, and of sufficient width to admit of the easy passing of wagons and carriages from the city of Milwaukee to the village of Merton, over the route as located by said company under their former Road may be ex organisation. And they shall have power to extend said road tended condi- to any eligible point in Dodge county, and may survey and locate said extension as soon as twenty-five thousand dollars shall have been actually expended on the main line of said road. And they shall have power to construct and build a branch road, commencing at some point between Milwaukee and Merton, and extending north or north-westerly, of not less than six, nor more than twenty-five miles in length. And they shall have power to erect all such gates, toll houses, bridges and other works and appendages as may be necessary for the convenience of said company in the building and use of said road, Consolidation and also to connect said road and branches, or either, with any other road in Wisconsin, and to unite and consolidate their stock with any such plank or turnpike road.

of Stock.

Occupation of lands when lawful.

When Justice may issue warrant summoning Jury.

SEC. 8. 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 or turnpike road 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 for the purposes 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.

SEC. 9. When the said corporation cannot agree with the owner or owners of any land, gravel, stone or other material 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 made, then, and in 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 to the sheriff or any constable of said county not directly interested, requiring him to summon a jury of nine freeholders of said

1

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der oath.

county not interested in said property, to meet 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 necessary with the persons in attendance as jurors to furnish a pannel of nine jurors and from them the said compa ny and 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 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 shali administer to each of them an oath or affirmation, that he will faithfully and im- Jury to act unpartially 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 advantage the same will be to the owner or owners aceording to the best of his skill and judgment, whereupon the said jurors shall proceed to view the land or materials so required, and to hear the evidence of the respective parties, which the said jurors shall reduce to writing, which shall be signed by allor a majority of said jurors and by the sheriff or other officers in attendance, and the said officer shall within five days there- Jury, &c., to report to County after, transmit the same to the Clerk of the county court of the Clerk. proper county 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 costs of such inqui-Title, how persition, or tendered 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 as if it had been conveyed by the owner or owners thereof in fee simple: Provided, That it Proviso. shall not be lawful for any such jury of 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 repreresentatives unless it be made to appear, by affidavit, that such Upon whom no 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 absent from the county and if such owner or owners are under age, or non compos mentis the service of notice upon the guardian or Trustee (if there be any) or their absence from the county shall be required to be established by affidavit to the said jurors before they shall proceed to make

4

footed.

tice to be served

Proviso.

Shares subject to execution for debt.

such valuation: Provided further, That in case of disagreement, the company shall not take possession of any land or material until said jury shall have first decided that the taking thereof is necessary, and in the case of materials that the same are not essentially necessary to the owner or owners, for his, her, or their private use.

SEC. 10. The shares of stock of the corporation shall be deemed personal property, and every person becoming a stockholder, by transfer, purchase, or otherwise, of shares of said stock, shall succeed to all the rights and liabilities of the prior holder of said share or shares, and said shares shall be liable to be taken in execution for the payment of the debts of their owners in such manner as is or may be provided by law: Provided, That all debts due said company shall be first paid. Whenever the route of said road follows the line of any public highway, the said company shall not take possession of the said highway until the commissioners of highways for the town through which it passes, shall have given them written consent, which shall be recorded in the town clerk's office, or if the said commissioners refuse to give their consent, then the damages to the town shall be appraised for each highway so taken, or asAppropriation certained as in the case of private property, and the amount of Highways-80 appraised for each highway so taken, shall be paid to said commissioners of the town to which it belongs, to be by them applied in improving the roads in such town. And the commissioners of highways of such town shall be deemed the owners of such highway so taken for the purpose of service of notice of inquest, &c.

how made.

Rates of Toll.

Provise.

Penalty for wil. ful injury.

SEC. 11. The directors may erect toll-gates, and may exact toll from all persons traveling on their road, whenever two consecutive miles are finished, or when the whole road is completed, not exceeding two cents a mile for every vehicle, sled, sleigh, or carriage drawn by two animals, and if drawn by more than two animals, one cent a mile for every additional animal. For every vehicle, sled, sleigh or carriage drawn by one animal, one cent a mile, and for every horse and rider or led animal, one cent a mile, and for every score of neat cattle, four cents a mile: Provided, That persons going to and returning from military parade, at which they are required by law to attend, and persons going to and returning from funerals, shall be exempt from toll, and no toll shall be exacted of any person or persons while actually going to or returning from any religious meetings on Sunday.

SEC. 12. If any person shall wilfully or knowingly obstruct, break, injure or destroy the plank or turnpike road so to be constructed by said company, or any part thereof, or any work,

building or fixture attached to, or in use upon the same, belonging to said company, such person or persons so offending, shall each and every of them for every such offence, be liable in a civil suit for the recovery of the 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 up on conviction, shall be punished by fine not to exceed five hundred dollars, or by imprisonment not to exceed six months, or by both, at the discretion of the court.

how increased.

SEC. 13. The directors of said company may at any annual Capital Stockor special meeting of the stockholders, with the consent of a majority of amount of such stockholders, 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. 14. If said shall violate company of the privileges any hereby granted, the legislature of the state of Wisconsin may resume all and singular the rights and privileges vested in said company by this act.

Conditional res

ervation.

ilable

SEC. 15. Said company shall be liable for all damages that When company may be sustained by any person or persons, in consequence of the omission or neglect to keep said road in good repair and condition.

Who declared

SEC. 16. Leander Comstock, Joseph A. Phelps, R. Hoppin, Direct Jr., Clark Brookins, Albert Fowler, Levi Russell and Lucius Botsford, having been duly elected directors of the Milwaukee and Lisbon Plank Road Company according to the former bylaws, rules and regulations of said company, are hereby declared to be the board of directors of this company and shall hold their office for the term of one year from the time they were so elected and until others shall be duly elected, and all their acts, and doings shall be as binding upon said company as they would be if they had been elected according to the provisions for the election of directors herein contained.

Penalty for

SEC. 17. Each toll gatherer may detain and prevent from avoiding pay passing through his gate all persons riding, leading, or driving ment of Toll. animals or carriages subject to tolls until they shall have paid respectively as authorised by this act; and any person who shall forcibly or fraudulently pass any toll gate erected on said road in pursuance of this act, without having paid the legal toll, and any person who to avoid the payment of legal toll shall with his carriage or horse or other vehicle or animal or animals, liable to toll turn out of such road or pass any gate thereon, or ground adjacent thereto, and enter again on said

read shall for each offence be liable to a fine not exceeding ten dollars.

SEC. 18. This act shall be favorably construed to effect the purposes thereby intended in all courts and places 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 of all provisions herein contained, and shall be binding upon said company from and after the time when the President and directors of said company chosen under their former organisation shall have filed their certificate of the acceptance of this act in the office of the Secretary of State.

FREDERICK W. HORN,

Speaker of the Assembly.

SAMUEL W. BEALL,

Lt. Governor and President of the Senate

Approved March 12, 1851.

NELSON DEWEY.

Chap. 243.

Poll tax exemp. tion.

An Act to exempt certian persons from paying a poll tax.

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

SECTION 1. The commissioned and non-commissioned officers, musicians and privates of each organized company of artillery, light infantry, riflemen or cavalry, which is now or shall hereafter be formed pursuant to chapter twenty-five, title nine, part first of the Revised Statutes, shall be exempt from paying a poll tax.

Lt. Governor and President of the Senate. Approved, March 12th, 1851.

NELSON DEWEY.

Chap. 244

Road declared public highway,

An Act to declare a certain road in the village of Hazel Green a public highway.

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

SECTION 1. That so much of the road leading through the village of Hazel Green in the county of Grant, commencing on the north line of lot number two (2,) in block number three (3) in lower Hazel Green, running thence nearly north to the southeast corner of the north-west quarter of section twenty-five, in town one north, range one west of the fourth principal meridi