ecute an as signment to purchaser. Grantee or under the seal of this state a deed, assignment or release transfering to such purchaser all the interest of the state in said canal, dam, hydraulic power company and its stock, be the same more or less, without any agreements or covenants of warranty of title, interest or right therein on the part of the state, and without any claim hereafter on the state to refund or release the consideration, money, or any part thereof, paid or to be paid, in case it should be in any manner determined that the state had no interest or right therein. SEC. 3. Upon the execution and delivery of such deed, assigngrantees ves, ment, or release, the grantee or grantees of the state therein, their ted with pow-legal representatives or assigns are hereby vested with all the ers, &c. rights and interest of the state in the said canal, dam, hydraulic power, company and its stock, to have and to hold the same to their use and behoof forever; and they are hereby authorized and empowered at their own proper costs and charges to institute in their own name or names, or in the name of this state any suit or suits or other legal proceedings against the said company, or any other person or persons or body corporate, in any of the courts of this state, and to prosecute the same to final determination, necessary to ascertain and determine the extent of such rights and interest, and to obtain and recover possession of the same from such company or other person or persons or body corporate: Provided, This state shall not pay or be responsible for any costs and charges growing out of such suit or suits or legal proceedings, either on the part of the prosecution or defence. Proviso. MOSES M. STRONG, Speaker of the Assembly, SAMUEL W. BEALL, Lt. Governor, and President of the Senate. Approved, February 9, 1850. NELSON DEWEY. Chap 196 An act to amend an act entitled" an act to incorporate the Neenah and Manitowoc plank road company, Approved March 9th, 1818. Authorized to THE People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. The board of commissioners under the act of open books &e which this act is amendatory, are hereby authorized to open separate books of subscription of stock for the construction of the branch road authorized by said act, and when five hundred shares shall have been subscribed, and one dollar on each share paid in, the stockholders shall be authorized to organize a separate company under the name of the Menasha and Kaukana plank road company, and said company shall possess the same powers and privileges and be subject to the same restrictions and liabilities as are conferred and imposed on the company under the act of which appointed. THE People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: SECTION 1. That John Rorck, Philip B Slaymates, and David Commissione's C. Reed, are hereby appointed commissioners to lay out and establish a state road on the most direct and practicable route from Prairie du Sauk to Reedsburgh in Sauk county. SEC. 2. The commissioners appointed under the provisions of this act, shall upon the performance of the work be entitled to Compensation. such compensation for their services as the supervisors of the counties where such services are performed shall allow, to be paid out of the county treasury of the said counties respectively, and no part of the expense shall be paid out of the state treasury. 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 secure the homestead to Orphans. THE People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. Such real estate as is now exempt from forced sale on execution or any other final process from a court, as the homestead of a family, shall likewise after the death of the owner thereof, be exempt from the payment of his debts hereafter contracted, in all cases in which any infant children of the said owner shall survive the death of such owner, and no executor or administrator shall have a right to the possession of any real estate so exempted, or to the rents or profits of the same, any law of this state to the contrary notwithstanding. MOSES M. STRONG, Speaker of the Assembly. SAMUEL W. BEALL, Lt. Governor and President of the Senate. Approved February 9, 1850. NELSON DEWEY. Chap 198 Real estate of orphan ex empt, &e. Chap 199 An act to provide for office expenses of the superintendent of public instruction. to state superintendent. THE People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: SECTION 1. The sum of four hundred and twenty-seven dolAppropriation lars and seventy-seven cents, is hereby appropriated to pay office rents, clerk hire, and other contingent expenses of the office of the state superintendent as the same are stated in his account filed with the secretary of state, which sum shall be paid out of the state treasury. Chap 200 Superinten dent to collect books, & c. To procure map Chap 201 MOSES M. STRONG, Speaker of the Assembly, SAMUEL W. BEALL, Lt. Governor, and President of the Senate. NELSON DEWEY. Approved, February 9, 1850. An act defining certain duties of the state superintendent. THE People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: SECTION 1. It shall be the duty of the state superintendent to collect in his office, such school books, appraratus, maps, and eharts as can be obtained without expense to the state, and also to purchase at an expense not exceeding fifty dollars a year, rare and valuable works on education, for the benefit of teachers, authors, and others, who may wish to consult them. SEC. 2. It shall be the duty of the state superintendent to cause to be prepared in his office a full and complete map of the state: Provided, That the expense of the same shall not exceed one hundred dollars. Lt. Governor and President of the Senate. Approved February 9, 1850. NELSON DEWEY. An act to incorporate the Sheboygan and Mayville Plank Road Company. THE People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. That Huntington Lyman, Samuel B. Ormsbee, Commissione's A. G. Dye, Reed C. Brazleton, Anson Hutchinson, John Muzzey, appointed. Alvin Foster, Joseph Mallory, S. G. Pickett, be, and are hereby appointed commissioners, under the direction of a majority of whom, subscriptions may be received to the capital stock of the Sheboygan and Mayville 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 taking such subscriptions, by publishing the same in one or more newspapers printed in Sheboygan county. SEC. 2. The capital stock of said company shall be one hun- Amount of dred thousand dollars, in shares of twenty dollars each, and as capital stock. soon as five hundred shares of the capital stock shall be subscribed, and ten per cent on each share actually paid in, the subscribers of such stock, with such other persons as shall associate with them for that purpose, their successors and assigns. shall be, and they are hereby created and declared a body corporate and politic by the name and style of the Sheboygan and Mayville plank road company, with perpetual succession, and by that name shall be capable in law of purchasing, holding, selling leasing and conveying estate, real and personal, or mixed, and in their corporate name may sue and be sued, 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 are authorized by law for the interest and well being of said company. Right to hold property, &c. SEC 3. The said commissioners, or a majority of them, after To give notice the said five hundred shares of stock shall have been subscribed, as aforesaid, shall give at least twenty days notice in the newspapers hereinbefore mentioned, of the time and place of a meeting of the stockholders for the purpose of electing nine directors, and annually thereafter the stockholders shall meet on the first Monday in January for the purpose of electing directors, as aforesaid, upon a like previous notice to be given by a majority of the directors for the time being, in such newspapers as they may think proper: Provided, That previous to the first election the com- Proviso. missioners hereinbefore named shall elect one of their number president, and they shall perform all the duties and be invested with all the power of directors: Provided further, That if from Proviso. any cause an election shall not be held at their regular time specified therefor, the same may be held at any other time on notice as aforesaid, that until such election the directors of the preceding year shall continue to act, and this charter shall not be avoided by reason of any irregularities or want of such election, and in case of any vacancy in the board of directors, the same shall be filled by the other directors or a majority of them. SEC. 4. The affairs of said company shall be managed by a Company to board of nine directors, who shall be stockholders and be chosen an- be managed by nually by ballot by the stockholders of said company, the votes nine directors. to be given in person or by proxy duly authorized, which directors shall appoint one of their number president, and shall serve until others are elected in their stead; they shall make and estab lish such by-laws, rules, orders and regulations as may be necessary for the well ordering of the affairs of said company. Each share of stock shall be entitled to one vote, and in all cases of elections for directors the nine stockholders having the greatest number of votes shall be declared duly elected. SEC. 5. Five directors shall be a quorum for the transaction Five directors a quorum transact busi ness. Proviso. to of business, who in the absence of the president may appoint a president, pro tempore. The said directors shall appoint a secretary, treasurer and such engineer and other officers as they may find necessary; shall fix their compensation, and may demand adequate security for the performance of their respective trusts; they shall [have] full power to decide the time and manner in which the said stockholders shall pay the money due on their re spective shares; may declare forfeited to the use of the company the share or shares of any person failing to pay any instalment, at a reasonable period, not less than thirty days after the time appointed for the payment thereof: Provided, No instalment shall he demanded of the shareholder exceeding two dollars at any one time on such share, nor while a sum exceeding three thousand dollars ramains in the hands of the treasurer, unappropriated to such portion of the work as may at the time be completed.Powers of di- They shall have power to regulate tolls; to make such covenants, contracts and agreements with any person or persons or body politic, whatever, as the execution and management of the works and the convenience and interests of the company may require, and in general to superintend and direct all the operations, receipts, Commission disbursements and other proceedings of the company. The comers to issue cer missioners until the directors are chosen, shall issue certificates to tificates. rectors. Power to locate road. each stockholder for the number of shares he or she shall subscribe for, or hold in said corporation, signed by the president and countersigned by the secretary, subject to all the payments due and to become due thereon, which shall be transferable in person, or by attorney, executors, administrators, guardians or trustees, under such regulations as may be provided by the by-laws of said company. SEC. 6. The said company shall have power to locate and construct a single or a double track plank road from some eligible point in the town of Sheboygan or Sheboygan Falls through the village of Cascade to the village of Mayville, in Dodge county, and they shall have power to erect all such toll houses, bridges and other works and appendages as may be necessary for the convenience of said company in the use of said road, and also to connect the said road with other plank roads in the state of Wisconsin and to unite and consolidate stock with any such plank road company. The track of said road shall be constructed of plank, stone, gravel or charcoal, in whole or in part at the option of the directors, so that the same shall constitute a firm and smooth surface for the passage of wagons and carriages. The directors shall exercise all power conferred on them by law; shall audit and pay all accounts against said company; fix the compensation and salary of the officers they may appoint, and meet at such times and places as they may prescribe in the by-laws to be enacted by Duty of direc- them. They may appoint and remove all officers at pleasure; prescribe the meeting of the stockholders, and declare and pay the dividends, or so much of the surplus profits of the company as they shall deem advisable, which may accrue on the shares of said Materials to be used tors. |