Proviso. Persons to be enrolled. Proviso! Town Assessor to furnish Clerk with a militi Jist and companies, according to their respective ranks: Provided, that commanders of divisions, of brigades and regiments may select the staff officers of their respective commands. SEC. 8. Every free, able-bodied white male person who has resided within this State one month, and is between the ages of eighteen and forty-five, shall be enrolled in the militia of this State: Provided, that exemptions from the performance of militia duty may be granted, as hereafter provided by law. SEC. 9. Itshall be the duty of the town Assessor in each town of Supervisors in each county, as organised under the town system of government, on or before the first Monday of July annually, to make out and return into the office of the Clerk of the board of Supervisors of the county, a list of the names of all free able-bodied white male persons between the ages of eighteen and forty-five, who have resided for the term of one month within the bounds of said town, which list shall be separate from his assessment list, and shall be headed "Militia List:" for which service such assessor shall receive the sum of one cent for each person so by. him returned on said list, to be paid in like manner as other services of such Assessor are paid. Commanders of regiments to Adjutant General. SEC. 10. It shall be the duty of the several commanders of make returns to each regiment and separate battalion, on or before the first day of November annually to make out a separate roll of each company within the bounds of such regiment or separate battalion, which roll shall be copied and taken from the several returns of the town Assessors made as aforesaid; which said company rolls so made out shall be returned by such commanding officers, and separate battalions within one month thereafter to the Adjutant General, certified by such commanding officer to be the several rolls of the companies of militia within the bounds of his command; and any neglect or failure to perform the said duty shall be deemed a vacation of the commission of the officer so in default, unless such neglect or failure shall be accounted for satisfactorily to the Commander-in-chief. Duty of Adju tant General. SEC. 11. It shall be the duty of the Adjutant General to receive and distribute all orders from the Governor as Commander-in-Chief of the militia, to the several officers of the said militia; he shall furnish to the several officers of the mili tia, all forms and returns connected with a proper discharge of their respective duties, for which forms and returns, together with all postage on letters or packages from or to him on subjects connected with military duty he shall be paid out of the State treasury on settlement of his account with the auditor; he shall give explanations and information on all matters connected with military duty to all milita officers whenever requir ed by them; he shall receive and file all returns made to him of the militia, agreeably to law, keep a book constituting a gen- bounds Divis SEC. 12. Whenever, according to the returns of the nu- Alterations of merical force of divisions, brigades, regiments, battalions or ions, &c., to be companies, it shall, in the opinion of the Commander-in-Chief made by gener become necessary to make any alterations in their respective bounds either by consolidation, or augmentation, in number in any manner whatever, the same shall be effected by general orders, and thereafter all officers necessary to be appointed in conformity wilh such alterations shall be appointed and commissioned according to the provisions of section seven of this act. panies to report General. SEC. 13. It shall be the duty of the several Captains or Volunteer comcommanding officers of each volunteer corps of infantry, artil- to Adjutant lery, riflemen, cavalry, or mounted men, to make return of and report to the Adjutant General annually, of the respective rolls of their companies at the same time that returns are herein required to be made by the commanding officers of regiments and separate battalions. FREDERICK W. HORN, Speaker of the Assembly. SAMUEL W. BEALL, Lt. Governor and President of the Senate. Approved, March 11th, 1851. NELSON DEWEY. Chap. 188 An Act to incorporate the Palmyra and Jefferson Turnpike and Plank Read Commissioners to receive sub Company, The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. That John C. Holmes, Daniel Howel, A. B. scription to Curtis, J. Powers, Elijah Higgins, Zebena Wilson, P. H. TurStock on notice. ner, E. W. Graves, Reuben Wilson, Aaron Rankin, William Name of corporation. Barre, Milo Jones and Dwight Foster, be and are hereby appointed commissioners, under the direction of a majority of whom, subscriptions may be received to the capital stock of the Palmyra and Jefferson Turnpike and Plank Road Company, and they may cause books to be opened at such times and places as they shall direct, for the purpose of receiving subscrip tions, by publishing in a newspaper printed in the county of Jefferson, at least thirty days previous to opening the books of said company for the purpose of receiving subscriptions to the capital stock of the company, giving notice of the times and places of receiving subscriptions. SEC. 2. All persons who shall become stockholders pursuant to the provisions of this act, are hereby created a body corporate in law, with continued succession, by the name and style of the Palmyra and Jefferson Plank Road Company, for the purRoute of Road. pose of constructing a turnpike road from the town of Palmyra, in the county of Jefferson, to the town of Jefferson, in said county, also to establish and construct a branch of said road from any point on the line of said road, to Fort Atkinson Village, in Jefferson county, as shall be deemed most advantageous Corporate Pow- to said corporation; which company shall have power to sue and be sued in all courts, to receive by gift or purchase, and hold all such real estate and personal estate as may be necessary for the construction and management of said road; to have and to use a common seal, and to pass all by-laws necessary for the government of said company. ers. Shares of Stock transferable. Meeting to choose Direc ed. SEC. 3. The capital stock of said company shall not exceed fifty thousand dollars, to be divided into shares of twenty dollars each, and shall be assignable and transferable in such manner as shall be prescribed in the by-laws of said company. SEC. 4. Whenever ten thousand dollars of the capital stock tor how call shall be subscribed for, and distributed, and ten per cent paid thereon to said commissioners for the use of said company, it shall be the duty of the commissioners named in this act, to call a meeting of the stockholders at such time and place as they shall designate, by giving public notice thereof in a newspaper published in said county through which said road is run," for the purpose of choosing five directors of said, company, and the persons then chosen shall be the first directors of said com 66 pany, and shall hold their offices for one year, and until others are chosen in their stead; the board of directors shall choose one of their number as President of the company, who shall hold his office for one year, and until his successor is elected. At every election of said company, each stockholder shall be Stock to vote. entitled to one vote for every share of capital stock he shall hold, and may vote in person or by proxy. may proceed. SEC. 5. The company when so organised, shall have the When company right to locate and construct a single or double track turnpike road between the points mentioned in section second of this act, or any part of the distance, and may connect the same with any other turnpike or other road. The track of said road shall be constructed of timber and plank, charcoal, stone or grav- Directors to deel, or partly of each, so as to have a hard, smooth and even termine plan. surface. The particular manner of building said road to be determined by the said board of directors. determine loca Charter. SEC. 6. The location of the route of said road shall be de- Directors may termined by the board of directors of said company, and if the tion. same be located on any public highway, they shall have power to contract with the proper authorities of the town in which said road may be, for the right to use said highway for the purposes of said road, and the said proper authorities are hereby authorised to grant to said company the right to use any highway in the town as aforesaid, on such terms as they may agree upon. SEC. 7. If said company shall not within five years from Conditions of the passage of this act commence the construction of said road and shall not within that time construct a single or double track for a distance of ten miles then and in that case, it shall be considered a violation of this charter and all the rights, privileges and powers of said company under this act may be resumed by the State of Wisconsin and such disposition made with regard to any portion of said road which may have been constructed as the legislature thereof may deem meet and proper consistent with law and justice. land-when law SEC. 8. It shall and may be lawful for said company, their Occupation of officers, engineers and agents to enter upon any lands for the the purpose of exploring, surveying and locating the route of said road doing thereto no unnecessary damage, nor locating any such route through any orchard or garden, without the consent of the owner thereof, nor through any buildings or any fixtures for the purposes of trade or manufactures, or any yard or enclosures necessary to the use and enjoyment thereof, without permission of the owners: and when the said route shall be determined by said company it shall be lawful for them, their officers, agents, engineers, contractors and servants, at any time, to enter upon, take possession of and use such lands to the whaun of four rods; and also to take from any land adjoining said road, gravel, stone or earth for the purpose of conCompensation structing 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 ascertained in the manner hereinafter directed and provided in the case of land. to be made. Wher parties may appoint appraisers. expense. Eers. SEC. 9. Whenever it shall be necessary for said company to enter upon, and occupy, for the purpose of making said road, 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 injury that may be done to such land by such entry or 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 reside in the county where the Company to pay land lies. The expenses incurred by said appraisers shall be defrayed by said company, but if the parties cannot agree upon such persons, or if the persons so chosen cannot decide upon the matter, or if the owner of such land shall refuse or neglect to join in such appointment within twenty days after requisition for that purpose, upon him made, or if such owner shall be un'der legal disability or out of the State, then it shall be lawful When Judge of for the judge of the circuit court of the county in which such may appoint ap- land lies on application of either party and at the cost and charge of said company, to appoint three disinterested persons of the 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 and construction of said road, and report the same, under oath or affirmation, to the circuit court of said county, which report being confirmed by said court, judgment shall be entered thereon. Compensation The said viewers shall be entitled to two dollars per day, each, 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 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 be under any legal disability, the costs of such assessment shall be paid by said company, and it shall be the duty of the apprais[ers estimating such damages to take into consideration the ad[vantages that may accrue to the owner of said lands from the Appeals to be construction of said road: Provided further, That either party may appeal to the said court within thirty days after such report may have been filed in the Clerk's office, and such appeal of viewers. Proviso. tried as other issues. |