rectors shall be binding as against said corporation until their successors shall have been elected.

SEC. 4. Four directors shall form a quorum for the trans- Quorum. action of business and the acts of a majority of such quorum

shall bind the corporation.

Directors to choose a Presi

SEC. 5. The directors at their first meeting after their election shall choose one of their number as President, and they dent." shall supply a vacancy in the office of President whenever the same shall occur.

cific powers of

SEC. 6. The President and directors shali have power to General and spe make and prescribe such by-laws, rules and regulations res- Directors pecting the transfer of the stock, and the management and control of the property, business and affairs of said corporation as they may deem proper, and not inconsistent with the constitution and laws of this State or of the United States. They shall have full power to decide the time and manner in which the said stockholders shall pay the money due on their respective shares, not exceeding ten per cent. in any one instalment, nor shall any two instalments be required to be paid within thirty days of each other. They may sue for instalments in the name of the corporation, after the same shall have been due thirty days, or may declare the shares of stock, on which said instalment shall have remained so due, forfeited to the use and for the benefit of said company, provided the same be not paid within thirty days after the publication of a notice to that effect in some paper published in the county where the owner or owners of such shares shall reside. And in case no paper shall be published in such county, then the same may be published in a paper in an adjoining county, or by written notice served upon such owners. They shall exercise all powers conferred on them by law, and pay all accounts, give and receive such receipts and discharges of debt as shall be deemed by them for the best interests of said company. They may prescribe the time for the meetings of stockholders, appoint and remove at their pleasure, a Secretary and Treasurer, an Engineer, and such other officers as they may find necessary, and prescribe the duties and compensation, and may require such security as they may think proper for the faithful performance of their trusts. They shall meet at such times and places as shall be prescribed in the by-laws. They shall have power to regulate tolls, and to make such covenants, contracts and agreements with any person or persons, or body politic whatsoever, as the execution and management of the work and construction of said road, the convenience and interest, the consolidation of the stock of said company, and the prosperity of said company

Division of capital Stock.

may require, and in general to superintend and direct all the operations of said company.

SEC. 7. The capital stock of said company shall not exceed the sum of one hundred and fifty thousand dollars, which shall be divided into shares of twenty-five dollars each. And said company shall have power to construct a single or double track plank road or turnpike road of a hard and even surface, and of sufficient width to admit of the easy passing of wagons and carriages from the city of Milwaukee to the village of Merton, over the route as located by said company under their former Road may be ex organisation. And they shall have power to extend said road

tended condi

tionally.

to any eligible point in Dodge county, and may survey and locate said extension as soon as twenty-five thousand dollars shall have been actually expended on the main line of said road. And they shall have power to construct and build a branch road, commencing at some point between Milwaukee and Merton, and extending north or north-westerly, of not less than six, nor more than twenty-five miles in length. And they shall have power to erect all such gates, toll houses, bridges and other works and appendages as may be necessary for the convenience of said company in the building and use of said road, Consolidation and also to connect said road and branches, or either, with any other road in Wisconsin, and to unite and consolidate their stock with any such plank or turnpike road.

of Stock

Occupation of lands-when lawful.

When Justice may issue warrant summoning Jury.

SEC. 8. It shall and may be lawful for said company, their officers, engineers and agents to enter upon any lands for the purpose of exploring, surveying and locating the route of said plank or turnpike road doing thereto no unnecessary damage, and when said route shall be determined by the said company, it shall be lawful for them, their agents, officers, engineers, contractors and servants at any time to enter upon, take possession of and use such lands for the purposes of said road, not exceeding four rods in width along the line of said route, 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 for.

SEC. 9. When the said corporation cannot agree with the owner or owners of any land, gravel, stone or other material required for the construction of said road, for the purchase thereof or the compensation to be paid therefor, or when by reason of the absence or legal incapacity of the owner or owners no such agreement or purchase can be made, then, and in such case it shall be lawful for any Justice of the Peace of the county in which the property may lie, to issue his warrant to the sheriff or any constable of said county not directly interested, requiring him to summon a jury of nine freeholders of said

der oath.

county not interested in said property, to meet at some convenient place at or near the property to be valued, on a day in said warrant named, not less than five nor more than ten days from the date of said warrant; and if at the time and place named any of the persons so summoned do not attend the said sheriff or constable shall immediately summon as many as may be necessary with the persons in attendance as jurors to furnish a pannel of nine jurors and from them the said compa. ny and the owner or owners of the property to be valued, their agent or attorney or either of them, and if they are not present in person or by attorney, the sheriff or constable shall for him or her strike off each two of said jurors, and the remaining five shall act as a jury of inquest of damages and before they act as such, the said sheriff or constable shall administer to each of them an oath or affirmation, that he will faithfully and im- Jury to act unpartially value the lands or materials required for said road and all damages which the owner or owners shall sustain by eason of the construction of said road taking into consideration be advantage the same will be to the owner or owners accorling to the best of his skill and judgment, whereupon the said irors shall proceed to view the land or materials so required, nd to hear the evidence of the respective parties, which the id jurors shall reduce to writing, which shall be signed by all a majority of said jurors and by the sheriff or other officers attendance, and the said officer shall within five days there- Jury, & to reter, transmit the same to the Clerk of the county court of the Clerk. oper county who shall file the same. Such inquisition shall scribe the property taken or to be taken, or the boundaries the land in question, and the value thereof, as aforesaid, and ch valuation when paid, together with the costs of such inqui- Title, how peaion, or tendered to the owner or owners, or deposited with said court, shall entitle the said company to the estate and erest in the same thus valued as if it had been conveyed by owner or owners thereof in fee simple: Provided, That it Provino. Il not be lawful for any such jury of inquest to proceed in valuation of any such property or material in the absence the owner or owners thereof, his, her, or their legal reprentatives unless it be made to appear, by affidavit, that such Upon whom noer or owners have had at least five days notice of the time place of meeting, for the purpose of making such valuation nless it shall in like manner be shown that such owner or ers are absent from the county and if such owner or ownare under age, or non compos mentis the service of notice the guardian or Trustee (if there be any) or their abe from the county shall be required to be established by avit to the said jurors before they shall proceed to make

port to County

fected.

tice to be served

Proviso

Shares subject to execution for debt

such valuation: Provided further, That in case of disagree ment, the company shall not take possession of any land or material until said jury shall have first decided that the taking thereof is necessary, and in the case of materials that the same are not essentially necessary to the owner or owners, for his, her, or their private use.

SEC. 10. The shares of stock of the corporation shall be deemed personal property, and every person becoming a stockholder, by transfer, purchase, or otherwise, of shares of said stock, shall succeed to all the rights and liabilities of the prior holder of said share or shares, and said shares shall be liable to be taken in execution for the payment of the debts of their owners in such manner as is or may be provided by law: Provided, That al! debts due said company shall be first paid. Whenever the route of said road follows the line of any public highway, the said company shall not take possession of the said highway until the commissioners of highways for the town through which it passes, shall have given them written consent, which shall be recorded in the town clerk's office, or if the said commissioners refuse to give their consent, then the damages to the town shall be appraised for each highway so taken, or ascertained as in the case of private property, and the amount of Highways so appraised for each highway so taken, shall be paid to said commissioners of the town to which it belongs, to be by them applied in improving the roads in such town. And the commissioners of highways of such town shall be deemed the owners of such highway so taken for the purpose of service of notice of inquest, &c.

Appropriation

how made.

Rates of Toll.

Provise.

Penalty for wilful injury.

SEC. 11. The directors may erect toll-gates, and may exact toll from all persons traveling on their road, whenever two consecutive miles are finished, or when the whole road is completed, not exceeding two cents a mile for every vehicle, sled, sleigh, or carriage drawn by two animals, and if drawn by more than two animals, one cent a mile for every additional animal. For every vehicle, sled, sleigh or carriage drawn by one animal, one cent a mile, and for every horse and rider or led animal, one cent a mile, and for every score of neat cattle, four cents a mile: Provided, That persons going to and returning from military parade, at which they are required by law to attend, and persons going to and returning from funerals, shall be exempt from toll, and no toll shall be exacted of any person or persons while actually going to or returning from any religious meetings on Sunday.

SEC. 12. If any person shall wilfully or knowingly obstruct, break, injure or destroy the plank or turnpike road so to be constructed by said company, or any part thereof, or any work,

building or fixture attached to, or in use upon the same, belonging to said company, such person or persons so offending, shall each and every of them for every such offence, be liable in a civil suit for the recovery of the damages by said company, by an action of trespass in any court having competent jurisdiction in the county wherein the offence shall have been committed, and shall also be subject to indictment, and upon conviction, shall be punished by fine not to exceed five hundred dollars, or by imprisonment not to exceed six months, or by both, at the discretion of the court.

245

how increased.

SEC. 13. The directors of said company may at any annual Capital Stockor special meeting of the stockholders, with the consent of a majority of amount of such stockholders, provide for such increase of the capital stock of said company as may be found necessary to complete said road in such sections as may have been actually commenced, but remain in an unfinished state for want of means for completing the same.

ervation.

SEC. 14. If said company shall violate any of the privileges Conditional reshereby granted, the legislature of the state of Wisconsin may resume all and singular the rights and privileges vested in said company by this act.

ilable.

SEC. 15. Said company shall be liable for all damages that when company may be sustained by any person or persons, in consequence of the omission or neglect to keep said road in good repair and condition.

Who declared

SEC. 16. Leander Comstock, Joseph A. Phelps, R. Hoppin, Directors Jr., Clark Brookins, Albert Fowler, Levi Russell and Lucius Botsford, having been duly elected directors of the Milwaukee and Lisbon Plank Road Company according to the former bylaws, rules and regulations of said company, are hereby declared to be the board of directors of this company and shall hold their office for the term of one year from the time they were so elected and until others shall be duly elected, and all their acts, and doings shall be as binding upon said company as they would be if they had been elected according to the provisions for the election of directors herein contained.

Penalty f avoiding pay SEC. 17. Each toll gatherer may detain and prevent from passing through his gate all persons riding, leading, or driving ment of Tall animals or carriages subject to tolls until they shall have paid respectively as authorised by this act; and any person who shall forcibly or fraudulently pass any toll gate erected on said road in pursuance of this act, without having paid the legal toll, and any person who to avoid the payment of legal toll shall with his carriage or horse or other vehicle or animal or animals, liable to toll turn out of such road or pass any gate thereon, or ground adjacent thereto, and enter again on said