shall be tried as other issues arising in said court. And provided also, That upon payment of the sum specified in the report of said viewers or appraisers, to the owners of said land or a deposite of the same for their benefit with the Clerk of the circuit court of the county in which the land is situated, the said company may immediately take and use the same without waiting the issue of said appeal. appoint certain SEC. 10. The directors of said company may appoint a Sec- Directors may retary, Treasurer, and such other officers as they may deem oicers. necessary and shall have power to decide the time and manner and proportions in which stockholders shall pay money due on their respective shares, and to forfeit to the use of the company any share or shares held by any person or persons failing to pay any instalment so required to be paid after advertisement of the same for a period not less than sixty days in a newspaper as herein provided: Provided, That no instalment Proviso. called in at any one time shall exceed five dollars per share and no instalment shall be called in by the directors without giving at least thirty days notice thereof in a newspaper as aforesaid. sue certificates SEC. 11. The directors elected as aforesaid, shall issue a Directors to iscertificate to each stockholder for the number of shares he or of Stock. they shall subscribe for, or hold in the said company, signed by the President and countersigned by the Secretary and sealed with the common seal, subject, however, to all payments due and to become due thereon, which stock may be transferable in person or by attorney, executors, administrators, guardians or trustees under such regulations as may be provided in the bylaws of the company. SEC. 12. At each annual meeting of the stockholders for the purpose of choosing directors, the directors of the preceed-" ing year shall exhibit to the meeting a complete statement of the affairs and proceedings of said company for such year; and special meetings of the stockholders may be called by the di rectors, or by any number of the stockholders holding one fourth in amount of capital stock of said company on like notices as required for annual meetings, but no business shall be transacted at such special meeting unless a majority in value of all the stock shall be then and there represented. Directors to make statement. rates of toll. SEC. 13. On the completion of said road, or any portion of Toll gates and the track not less than five miles, the company may erect one or more toll gates upon their road, but not at a less distance. than three miles apart, and may demand and receive such tolls as from time to time they may think reasonable, not exceeding two cents per mile for any vehicle drawn by one or two animals; and one cent for every additional animal; for every horse and rider or led horse, one cent perfmile; for every score of sheep Penalty for wilful obstruction. Property subject to execution. When directers individually lia. ble. Capital Stockhow increased. Reservation. When company liable. or swine one cent per mile; and for every score of neat cattle two cents per mile. SEC. 14. If any person shall wilfully and knowingly obstruct, break or injure or destroy the road so constructed by said company, or any part thereof, or any work or fixtures attached to or in use upon the same belonging to said company, such person or persons so offending, shall each of them for every such offence, be liable to a civil suit for the recovery of damages by said company, in any court having competent jurisdiction in the county, and shall also be subject to indictment, and upon conviction of such offence shall be punished by fine and imprisonment, or either at the discretion of the court. SEC. 15. The property of every individual which may be invested in said corporation shall be liable to be taken in execution for the payment of his or her debts, in such manner as is or may be provided by law: Provided, that all debts due said company from such individuals shall be first paid. SEC. 16. The debts and liabilities of said corporation shall not exceed in amount, at any one time, fifty per cent. of its capital actually paid in, and if debts and liabilities shall at any time be incurred to a greater amount than by this section is provided for, the directors of said company shall be jointly and severally individually liable for such excess, in addition to their other liabilities in law as provided for in this act. SEC. 17. The directors of said company may, at any annual or special meeting of the stockholders, with the consent of a majority in amount of said stockholders, provide for such increase of the capital stock of said company to complete said road. SEC. 18. If said company shall abuse the privileges hereby granted, the legislature may resume all and singular the rights and privileges vested in said company by this act, and may establish rules and regulations for the government of said company, in relation to said road and the use of the same. SEC. 19. That said company shall be liable for all injury or damage which any person may sustain in his person or property, by reason of the said road being out of repair, or any defect in said road. SEC. 20. This act may be altered or amended by any fu ture legislature of the State of Wisconsin. FREDERICK W. HORN, Speaker of the Assembly. SAMUEL W. BEALL, Lt. Governor and President of the Senate. Approved, March 11th, 1851. NELSON DEWEY.; [An Actstof amend[the Charter of the Rock River Valley Union Railroad Company. Chap. 189 The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. That said company shall have power and auth-Power to extend ority to extend the Rock River branch of the road to Lake Superior. SEC. 2. Said company may in its discretion increase its capital stock three millions of dollars. may be increased. rectors may be increased. enter upon ad quired. When not given court to appoint to assess dama ges. Capital Stock SEC. 3. Said company shall have power to increase its Number of Dinumber of Directors to any number not exceeding fifteen. SEC. 4. The said company shall have the right to enter upon any lands, to survey and lay down said road not exceeding company may one hundred and thirty feet in width, and also to enter upon joining lands any lands adjoining said road, and obtain therefrom land, grav- for materials reel, stone and other materials as may be necessary for the construction of said road, and whenever any lands or materials shall be required for the construction of said road, and the same how materials shall not be given or granted to said company, the compensa- to be paid for. tion to be paid therefor by said company shall be ascertained in the manner following, to wit: Said company shall apply to the judge of the circuit court of the first circuit, for the appointment of three commissioners, whose duty it shall be, at the Judge of Circuit earliest practicable time after their appointment, to proceed to Commissioners examine and assess the damages which may be sustained by the several owners or claimants of the lands through which the road of said company is located, and the said commissioners in assessing said damages, shall deduct therefrom the benefit which said lands receive by the construction of said road. It shall be the Duties of Comduty of the said company to give thirty days notice of their application for the appointment of said commissioners, in one or more newspapers published in each of the counties through which said road is laid out, and in case no newspaper is published in any one of said counties, then by posting up such notice on the door of the court house in said county thirty days before Company to give notice of the time of making such application, and it shall be the duty of application for Commissioners. said commissioners to cause ten days notice of their meeting to appraise the damages to any lands through which said road may run, to be given to the owner or claimant thereof, and in case commissioners said owner or claimant shall be a minor, insane person, or mar- to give notice of ried woman, then such notice shall be given to the guardian, praise damages. committee, or husband of such minor, insane person, or married woman. Either party feeling himself aggrieved by the decis- Right of appeal ion of said commissioners, may appeal to the circuit court of the county in which said lands may be situated, and said appeal shall be tried in the same manner as any suit commenced there missioners. meeting to ap in: Provided, That said company shall not in any manner be No delay by ap peal. Notice to own delayed in the construction of their road by any such appeal, but may proceed immediately with such construction, on paying into the office of the clerk of said court the amount of monies awarded to the owner or owners of said lands, and filing a bond with said clerk to said owner or owners, binding said company to pay such further sum as may be finally awarded against said ers to be in wri- company. The notice to be given by the commissioners to the owners of lands required for the railroad shall be in writing, and delivered to said owner or owners, or left at their usual place of Notice how to residence, if residents of this State, or if non-residents, then said notice to be given in a newspaper published in the county in which said land is situated, at least four weeks before making such appraisement. ting be given Connection with other roads Company may borrow money therefor SEC. 5. Said company is authorised and empowered to connect its road with the road of any railroad company or companies in the state of Illinois, or to become part owner or lessee of any railroad in said state, and any railroad company in said state of Illinois duly organised under the laws of said state of Illinois may connect its road with the road of said company, and may in like manner, with the consent of said company, become part owner or lessee of the road of said company, or of any of its branches, or any portion thereof situated in this state. SEC. 6. Said company is hereby authorised to borrow monand issue bonds ey to be expended in the construction and equipment of their said road and its appendages, and to issue bonds for the payment thereof in the usual form, said bonds not to exceed in the aggregate at the period of the completion of said road three fourths of the whole amount actually expended in said road and its appendages as aforesaid. And may make and execute in the corporate name of said company, all necessary writings, notes, bonds, or other papers for any liabilities that it may incur in the construction or equipment of said road. Franchise to vest for a part SEC. 7. The said company is hereby authorised and emcompleted powered to construct their said railroad and its branches in sections as fast as they may obtain the means for so doing, and the franchise of the portions so completed and put in operation, shall vest in said company the same as though the whole were completed. SEC. 8. Section second of the act to incorporate said company under the name of the Madison and Beloit Railroad Company, approved August the nineteenth, eighteen hundred and forty-eight, is hereby amended by striking from said section the words for each mile separately." SEC. 9. Section eight, ten, eleven and thirteen of the act incorporating said company, entitled "an act to incorporate the Madison and Beloit Railroad Company." approved August the nineteenth, eighteen hundred and forty-eight, are hereby repealed. FREDERICK W. HORN, Speaker of the Assembly. SAMUEL W. BEALL, Lt. Governor and President of the Senate. Appoved, March 11th, 1851. NELSON DEWEY. An Act to amend an act entitled "An Act to incorporate the Port Washington, Hori- Chap. 190 icon and Beaver Dam Turnpike Company, approved March 11, 1848. The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows : maintain a toll gate at a certain bridge. SECTION 1. That so much of section fourteen of an act in- Company may corporating the Port Washington, Horicon and Beaver Dam turnpike company, approved March eleventh, eighteen hundred and forty-eight, is hereby amended so that said company shall have power to erect and maintain a toll-gare at the bridge crossing the Milwaukee river, in the town of Saukville, county of Washington. FREDERICK W. HORN, Speaker of the Assembly. SAMUEL W. BEALL, Lt. Governor and President of the Senate. Approved, March 11th, 1851. NELSON DEWEY. An Act to confer certain powers upon organised School Districts, and for other pur- Chap. 191 poses The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: School Districts may sue Town in certain cases. SECTION 1. It shall be competent for any legally organised school district in this State to commence suit on the official bond Superintendent of the town Superintendent of common schools of the town in which such district is situated, for the recovery of any monies lawfully due and belonging to such district, in all cases where such town Superintendent shall neglect or refuse for the space of ten days from the time by law fixed therefor, to apportion and pay over to the proper officer of such district the school monies aforesaid. or Town Super SEC. 2. It shall also be competent for such school district, School Districts or the town Superintendent of common schools, in case of default intendents may of the town Treasurer or county Treasurer to pay over to the County Treas town Superintendent of the town in which such district is situ sue town or urers in certain cases. |