tham Sholes the sum of six thousand one hundred and twenty dollars in full for four thousand copies of the Revised Statutes of the State of Wisconsin, subscribed for and received by the Governor of the State. MOSES M. STRONG, Speaker of the Assembly, SAMUEL W. BEALL, Lt. Governor, and President of the Senate. Approved, February 9, 1850. NELSON DEWEY. An act to amend "an act to incorporate the town of Potosi," approved Chap 145 February 2, 1846. THE People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. That section two of an act entitled "an act to in- Seetion recorporate the town of Potosi," be and the same is hereby repealed, pealed. and the second section of this act be and the same hereby is sub. stituted in place and stead thereof. SEC. 2. It shall be lawful for the inhabitants of said town who are subject to a tax either on personal or real estate, and who are otherwise qualified by law to vote, to meet in said town as provided in the third section of the act to which this is amendatory, and then and there to elect by ballot one president, who shall be ex-officio a trustee, four trustees, one assessor, one treasurer, and one clerk. SEC. 3. This act shall take effect from and after its passage. Speaker of the Assembly, SAMUEL W. BEALL, Lt. Governor and President of the Senate, Approved, February 9, 1850. NELSON DEWEY. Now section: An act to amend section 77, of chapter 15 of the Revised Statutes. THE People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: SECTION 1. Section seventy-seven of chapter fifteen is hereby so amended that the town clerk shall not be authorized to deliver the warrant and tax list therein mentioned to the sheriff of the county until after the second Monday of December in each year. MOSES M. STRONG, Speaker of the Assembly. SAMUEL W. BEALL, Lt. Governor and President of the Senate. Approved February 9, 1850. NELSON DEWEY. Chap 146 Chap 147 porators. Their title. An act to incorporate the Shullsburg Branch Rail Road company. THE People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. Edward Gratiot, Azel P. Ladd, Augustus Easty, Names of cor- Joseph M. Brewster, John Griffin, John R. Gray, Martial Cottle, Lewis Garsey, William Leonard, Edward Vaughn, Henry Stephens, Edward Melory, James H. Knowlton, John McNulty, William Howdle, Thomas James, and John Hill, together with such other persons as may hereafter become associated with them in the manner hereinafter prescribed, their successors and assigns are hereby created a body corporate, by the name of the "Shullsburg branch rail road company," and by that name shall be, and are hereby made capable in law to purchase, hold, and enjoy, and retain to them and their successors, lands, tenements, and hereditaments, so far as may be necessary for the purpose of said rail road; Power to hold and the same to sell, grant, rent, or in any manner dispose of, to contract and be contracted with, to sue and be sued, implead and be impleaded, answer and be answered, defend and be defended, aud also to make, have, and use a common seal, the same to alter, break, or renew at their pleasure; and if either of the persons named in this section, shall die, refuse, or neglect to execute the Power to fill powers and discharge the duties hereby created, it shall be the duty property. vacancies. Survey and estimate. Termina. Capital stock. of the remaining persons hereinbefore named, or a majority of them, to appoint a suitable person or persons to fill such vacancy or vacancies, so often as the same shall occur. SEC. 2. The said corporation are hereby empowered to cause such examination or surveys to be made, as shall be necessary to ascertain the most advantageous route whereon to construct a rail road, and shall cause an estimate to be made of the probable cost thereof, for each mile separately; and the said corporation shall be and they are hereby invested with the right to construct a rail road with one or more railways or tracks, from some convenient point in the village of Shullsburg, in the county of La Fayette, to such point on the line of the Chicago and Galena rail road as may be deemed advisable by said corporation, and also to construct a rail road as aforesaid from the aforesaid point in the village of Shullsburg, north of such convenient point of termination as may be deemed advisable by said company. SEC. 3. The capital stock of said company shall be one hundred thousand dollars, and shall be divided into shares of fifty dollars each, and five dollars on each share shall be paid at the time of subscribing. SEC. 4. The above named persons, or a majority of them, are Subscriptions for stock when authorized to open books for receiving subscriptions to the capiand how taken tal stock of said company, and shall prescribe the form of such subscription; which books shall be opened within ten years from the passage of said act, at such place or places as they may deem expedient, by giving thirty days notice in some newspaper printed in said county, or by posting three written notices in three conspic uous places in said county of LaFayette, of the time and place or times and places of opening said books; the said books to be kept open forty days. how called conducted. SEC. 5. So soon as said stock, or twenty thousand dollars Meeting of thereof, shall have been subscribed, the above named persons, or stockholders the same number thereof as shall have given the notice above required, shall give like notice for the meeting of the stockholders to choose directors at some time at least thirty days thereafter, and at some place within the said county of LaFayette, and if at such time and place the holders of one half or more of said stock subscribed, shall attend either in person or by lawful proxy, they shall proceed to choose from the stockholders, by ballot nine directors, each share of capital stock entitling the owner to one vote; and at such election, the persons named in the first section of this act, or Election of dithose appointed by its provisions, to fill vacancies which may rectors how have occurred, or any three of them if no more be present, shall be inspectors of such election, and shall certify in writing, signed by them or a majority of them, what persons are elected directors; and if two or more have an equal number of votes, such inspec tors shall determine by lot which of them shall be directors, to complete the number required, and shall certify the same in like manner; and such inspectors shall appoint the time and place of Inspectors to holding the first meeting of directors, at which meeting five shall appoint meetform a board competent to transact all business of the company; ing of directors and thereafter a new election of directors shall be made annually at such time and place as the stockholders at their first meeting shall appoint; and if the stockholders at their first meeting shall fail to appoint the day of such election, then it shall be holden in the Succeeding succeeding year, on the same day of the same month on which meetings of said first election was holden, unless the same be on the first day of stockholders. the week, in which case it shall be holden on the next day succeeding; and if no election be made on the day appointed, said company shall not be dissolved, but such election may be made Officers of at any time appointed by the by-laws of said company; the direc- bourd, tors shall elect one of their number president, and shall appoint a secretary, treasurer, such engineers, and other officers, as they may find necessary, shall fix their compensation, and may require adequate security for the performance of their respective trusts. Payment of SEC. 6. The directors may receive payment to the subscriptions to the capital stock at such time and in such proportions, not stock. exceeding twenty-five per cent. at any one installment, under such conditions as they shall deem fit, under the penalty of forfeiture of all previous payment thereon or otherwise: Provided, They shall never require the payment to be made at any place out of the counties through which said road shall pass; and such direc- Proviso. tors shall, at least thirty days previous to the appointed time of such required payment, give notice thereof in the manner provided in the fourth section of this act, for giving notice of the opening of the books of subscription for the stock of said company. SEC. 7. The directors of said company shall have power to General powmake from time [to] time all needful rules, regulations, and by-laws, ers of directors. Right to enter upon lands. touching the business of said company, and to determine the num ber of tracks and railways upon said road, and the width thereof, and the description of carriages which may be used thereon, to regulate the amount of tolls and the manner of collecting the same for such transportation, and to fix penalties for the breach of any such rules, regulations, or by-laws, and to direct the mode and condition of transferring the stock of said company, and penalties provided for by the said by-laws may be sued for by any person authorized thereby, in the name of said company, and recovered in an action of debt before any court having jurisdiction of the amount, and the said company may erect and maintain toll houses and such buildings and fixtures as the accommodation of those using said road may require. SEC. 8. The said company shall have the right to enter upon any lands to survey and lay down said road not exceeding one hundred feet in width, and whenever any lands or materials shall be required for the construction of said road, and the same shall not be given or granted to said company, as to the compensation to be paid therefor, the person or persons claiming compensation as aforesaid, or if the owner or owners thereof are minors, insane persons or married women, the guardian or guardians of such minor or minors and insane persons, and the husband of such Damages how married woman may select for themselves an arbitrator, and the determined. company shall select an arbitrator, and the two thus selected shall take to themselves a third person, who shall be sworn, and paid by said company as arbitrators between the parties, and render copies of their award to each of the parties in writing, from which Appeals from award either party may appeal to the court of proper jurisdiction for the county in which such land or materials may have been situate, and in all cases in which compensation shall in any manner be claimed for lands where there has been no improvement made, it shall be the duty of the arbitrators and court to award a fair compensation for said lands and materials, and appeals in such cases shall when taken be in all respects proceeded in as appeals in other cases in said court, and brought into said court by filing the award with the clerk of said court, whose duty it shall be to enHow proceeder the same on the docket of said court, setting down the claimant or claimants as plaintiff, and said company as defendant, and when the valuation so ascertained shall be paid or tendered by said company, said company shall have the same right to retain, own, hold, and possess said lands and materials as fully and absolutely as if the same had been granted and conveyed to said company by deed as long as the same shall be used for the purposes of said road. arbitrators. ed in. Power to eross highways &c. SEC. 9. The said company may construct the said rail road across any public or private road, highway, stream of water or water course if the same shall be necessary, but the said company shall restore such road, highway, stream of water or water course to its former state, or in a sufficient manner not to impair the usefulness of said road, highway, water or water course to the owner or to the public. SEc. 10. All persons paying the toll aforesaid, may with suit- Use of road. able and proper carriages use and travel upon said road, always subject however to such rules and regulations as said company are authorized to make by the seventh section of this act. SEC. 11. So soon of the amount of tolls as accruing and re- Dividends ceived from the use of said road or part thereof according to the when made. provisions of this act shall exceed six per cent. upon the amount of said capital stock paid in, after deducting therefrom the expenses and liabilities of said company, the directors of said company shall make a dividend of such nett profits among the stock. holders in proportion to their respective share, and no accumulative fund exceeding one per cent. of the profits of said company shall remain undivided for more than six months. SEC. 12. If any person or persons shall wilfully obstruct or Penalties for in any way spoil, injure, or destroy said road or any thing belong- injury to road. ing or incident thereto, or any materials to be used in the construction thereof, or any building fixture or carriage erected or constructed for the use or convenience thereof, such person or persons shall each be liable for every such offence to treble the damages sustained thereby to be recovered in an action of debt in any court having jurisdiction of the amount. SEC. 13. Whenever it shall become necessary in the location or construction of said road to pass through the land of any in- Wagon ways dividual, it shall be the duty of said company to provide for said to be provided. individual proper wagon ways, and it shall be liable to such individual in treble the amount of damages occasioned by said neglect. MOSES M. STRONG, Speaker of the Assembly. SAMUEL W. BEALL, Lt. Governor, and President of the Senate, Approved, February 9, 1850. NELSON DEWEY. An act to incorporate the Milwaukee and Fond du Lac plank road company. Chap 148 THE People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. That Augustus Greulich, Francis Heubschmann, CommissionJacob A. Horner, John B. Vleit, William F. Opitz, Frederick ers appointed. Hilgen, John H. Thien, Moses Weil, William Wightman and John Bannister, 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 Milwaukee and Fond du Lac 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 mes and places of taking such subscriptions, by publishing the same in one or more newspapers printed in Milwaukce county, |