a second vote.

SEC. 8. In case a majority of the votes shall not be cast for When no seany one of the places voted for, it shall be the duty of the clerk of lection, to take the board of supervisors within three months after said election, to give notice in the manner hereinbefore described, of a second election, at which the places having the two highest number of votes at the previous election shall be voted for, and the place which shall then have the highest number of votes, shall be permanently the county seat of said county.

SEC. 9. It shall be lawful for the county officers to keep their Where offices offices at their residences in any part of the county, until the coun- to be kept. ty seat is permanently located, any law to the contrary notwithstanding.

SEC. 10. All laws requiring the county of Calumet to pay a per-centage to other counties for court expenses are hereby repealed.

SEC. 11. This act shall take effect and be in force after its passage.

MOSES M. STRONG,

Speaker of the Assembly.

SAMUEL W. BEALL,

Lt. Governor, and President of the Senate.

Approved, February 5, 1850.

NELSON DEWEY.

Repealed.

An act to appropriate to Simeon Mills the sum therein named.

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

Chap. 85.

SECTION 1. That there is hereby appropriated to Simeon Mills, to be paid out of any money in the treasury not otherwise Simeon Mills. appropriated, the sum of forty-one dollars and seventy-two cents, being the amount of Auditor's Warrant No. 324, issued for the above amount to David Holt, Jr., upon an act of appropriation, "approved March 31, 1849," and payable out of the University fund, which warrant has been surrendered up by said Mills to be cancelled.

MOSES M. STRONG,

Speaker of the Assembly,

SAMUEL W. BEALL,

Lt. Governor, and President of the Senate.

Approved, February 7, 1850.

NELSON DEWEY.

An act to amend an act to incorporate the village of Madison.

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

Chap. 86.

How district schools to be

SECTION 1. That the district school and school districts in the village of Madison, shall hereafter be regulated and controlled in controlled, & c.

How school funds levied

and disbr.sed.

like manner, and to the same extent as other districts, and district schools in the town of Madison, and all authority of the trustees of said viilage over public schools shall from and after the first day of March next cease and determine."

Sec. 2. That all school funds, and all school or school house taxes, levied and collected after the year 1849, for any school district in said village, shall be levied, collected, and disbursed in the same manner as in other school districts in the town of Madison.

SEC. 3. The superintendent of common schools of the town of Dily of Su Madison, shall have power, and it is hereby made his duty, to diserintendent. trict said village as a part of said town of Madison, without regard to its limits, and to cause special elections to be held in each new district formed, and the officers so elected shall hold their respective offices until others are elected and qualified in their stead."

To levy tax to build side walks.

To drain

marsh, & c.

Chap. 87.

To levy tax to build county buildings.

SEC. 4. The trustees of said village shall have power to construct side walks, upon any street, side of street or block and to levy and collect a special tax upon every lot or part of lot fronting on any such side-walk, according to its respective front.

SEC. 5. The trustees of said village shall also have power to levy and collect a special tax, upon the lots lying in whole or in part, in the marsh or pond south-west of the capitol square, between King and Morris streets, in said village, for the purpose of draining the same, whenever in their opinion health or the public good will be promoted thereby.

SEC. 6. All acts and parts of acts contravening the provisions of this aet are hereby repealed.

MOSES M. STRONG,

Speaker of the Assembly.

SAMUEL W. BEALL,

Lt, Governor and President of the Senate. 1850

Approved February 7, 1850.

NELSON DEWEY.

An act to authorize the board of supervisors of Sheboygan county to erect county buildings. 1!

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

SECTION 1. The board of supervisors of Sheboygan county before the first day of July eighteen hundred and fifty, shall levy a tax, to be assessed, levied, and, collected in the same manner as county taxes in said county for the purpose of building a suitable county jail, and at their first annual meeting in eighteen hundred and fifty-one, they shall levy a tax to be assessed, levied, and collected in the same manner as county taxes in said county, for the purpose of building a suitable court house with rooms for county offices, which building shall be erected at the county seat of said county, and the said taxes shall be so levied and collected, that one half of the expense of erecting said buildings shall be paid by the town of Sheboygan, in said county, and one half by the remaining towns in said county.

SEc. 2. The electors of the county of Sheboygan, on the first Electors to Tuesday of April next, may vote for county buildings, or against vote upon. county buildings in favor or against the adoption of the last preceding section of this act, and if a majority of the votes cast upon the said question shall be for county buildings, then the said section shall take effect on the first Monday of June next, but if a majority of the votes shall be against county buildings then said section shall be void and of no effect.

SEC. 3. No person shall be authorized to vote for the purposes specified in the first section of this act, who shall not have Qualifications been at least twenty days a resident of such county immediately preceding such election.

of electors.

MOSES M. STRONG,

Speaker of the Assembly,

SAMUEL W. BEALL,

Lt. Governor, and President of the Senate.

Approved, February 7, 1850.

NELSON DEWEY..

An act to incorporate the Manitowoc and Manitowoe Rapids plank road com- Chap. 89.

pany.

THE People of the State of Wisconsin represented in Senate·

and Assembly, do enact as follows:

SECTION 1. That Alden Clark, Pliny Pierce, Oliver C. Hub- Corporation bard, T. A. H. Edwards, E. H. Ellis, Richard Klinghoby, Thomas created. W. Baker, Martin Haywood, Thomas Fraeton and Marshall S. Morse and such other persons as shall associate with them and become stockholders pursuant to the provisions of this act shall be and hereby are created and made a body corporate and politic, in fact, and in name by the name of "The President and Directors of the Manitowoc and Manitowoc Rapids Plank Road Company," and by that name they and their successors shall be persons in law, shall have a perpetutal succession, and capable of sueing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all courts and places whatsoever in all matters appertaining to said company.

When road to be laid out.

SEC. 2. The said company shall have power to construct a plank road on the south side of Manitowoc river, from the village of Manitowoc to the village of Manitowoc Rapids in the county of Manitowoc, and with the privilege of erecting and maintaining a bridge across the Manitowoc river, on Washington street in the town of Manitowoc Rapids: Provided, The navigation of said river Proviro. is not obstructed thereby, as the directors of said company, when duly elected by the stockholders, and organized, shall determine, and the route of said road between the points aforesaid, and they shall have power in their discretion to construct said road along and upon any road of highway now or hereafter to be laid out, opened and established by the proper authorities, and of such width, and in such manner as the said directors shall determine, and the

Capital stock limited.

tracks, side cuts or turn-outs upon the same may be made of any hard material so as to form a sufficiently firm and even surface.

SEC. 3. The capital stock of said company shall not exceed the sum of ten thousand dollars, to be divided into shares of ten dollars, each, and shall be transferable in such manner as shall be prescribed in and by the bye-laws of said company, and each shareholder shall be entitled to one vote for each and every share of stock held by aim either in person or by proxy duly authorized.

Business to be SEC, 4. The business and concerns of said company shall be managed by conducted and managed by five directors, who shall be stockholdfive directors. ers, and shall be elected annually on the first Monday in March, at such place as a majority of the directors shall appoint, and shall hold their office for one year and until others are chosen. And the said directors shall choose one of their number their president, and a majority of said directors shall be a quorum for the transaction of business.

May make bye-laws.

stock, &c.

SEC. 5. The said directors or a majority of them shall have power to make such bye-laws, rules and regulations as they shall deem requisite for the management of the concerns of said company, not inconsistent with the laws of this state, and also to appoint such agents and officers as may be necessary to carry out the objects of this corporation.

SEC. 6. The persons named in the first section of this act or May receive subscription to any two of them shall be commissioneers to open books and receive subscriptions to the capital stock of said company at such times and places as a majority of them shall determine upon, and whenever two thousand dollars of such capital stock shall be subscribed for, and five per cent. paid thereon, said commissioners shall call a meeting of the stockholders of said company, by giv ing ten days public notice of the same in a newspaper published in the county of Manitowoc, or by posting two notices of the same in two public places, one in the village of Manitowoc, and the other in the village of Manitowoc Rapids, for the purpose of electing directors of said company who shall hold their office until the first annual election thereafter, and until others are elected, and the directors shall be authorized to call in and require the payment of the balance of the stock subscribed for, in such instalments as the progress in the construction of said road, and as the interests of the company shall require, not exceeding ten per cent. in any one instalment.

To locate road.

SEC. 7. It shall and may be lawful for said company, their of ficers, engineers, and agents, to enter upon any lands for the purpose of exploring, surveying and locating the route of said road, doing thereto no unnecessary damage, nor locating such route through any orchard or garden, nor through any building or any fixtures, or erections for the purposes of trade or manufactures, without permission from the owner thereof, and when said route shall be determined by said company, it shall be lawful for them or any person or persons in their employ, at any time to enter upon, take possession of, and use such lands to the width of four

rods, and also to take from any lands adjoining said road gravel stone or earth, for the purpose of constructing or repairing said road, subject however to the payment of such compensation as the company may have agreed to pay therefor, or as shall be ascer tained in the manner hereinafter directed and provided.

enter upon and

occupy lands.

SEC. 8. Whenever it shall be necessary for the said company to enter upon and occupy for the purpose of making said road Company may any land upon which the same may be located, and the owner or owners of said land shall refuse to permit such entry or occupation and the parties cannot agree upon the compensation to be made for any injury that may be done to said land by such entry and occupation, it shall and may be lawful for the parties to appoint three disinterested persons to estimate such damage, who shall take an oath or affirmation fairly and impartially to estimate the same, and who shall be residents of the county where the land lies. The expenses incurred by said appraisers shall be defray- Expenses ined by said company, but if the parties cannot agree upon such curred, how paid. persons, or if the persons so chosen shall not decide upon the matter, or if the owner of such land shall refuse or neglect to join in such appointment, within twenty days after the requisition for that purpose upon him made, or if any such owner shall be under legal disability or out of the State, then it shall be lawful for the clerk of the circuit or county court, where the land lies, on application of either party, at the cost and charges of said company to appoint three disinterested persons of said county, to view and examine said lands and estimate the injury or damage, if any in their judgment will be sustained, as aforesaid, by reason of the location of said road, and report the same under oath or affirmation to the circuit or county court of said county, which report being confirmed by said court, judgment shall be entered thereon. The said viewers shall each be entitled to two dollars per day for their services, to be paid by the said company in all cases where the damages shall be assessed to a greater amount than the sum that may have been tendered by the said company for the use of said land, or be paid by the owner or owners in all cases where the assessed damages shall not be greater than the sum thus tendered: Provided, That in case the owner of such land shall be under any legal disability the cost of assessment shall be paid by Proviso. said company, and it shall be the duty of the appraisers in estimating such damages to take into consideration the advantages that may accrue to the owner of said lands from the construction of said road: Provided further, That either party may appeal to either of said courts within thirty days after such report may have been filed in the clerks office and such appeal shall be tried as other issues arising in said court: And provided also, That upon payment or tender of payment of the sum specified in the report of said viewers or appraisers to the owners of said lands, or a deposit of the same for their benefit with the clerk of the cir cait or county court in which the land is situate, the said compa

Compensation.