der oath. mit report to 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 panel of nine jurors, and from them the said company 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 Jury to act un- shall administer to each of them an oath or affirmation, that he will faithfully and impartially value the lands or materials required for said road, and all damages which the owner or owners shall sustain by reason of the construction of said road, taking into consideration the advantage the same will be to the owner or owners, according to the best of his skill and judg ment, whereupon the said jurors shall proceed to view the said land or material so required, and to hear the evidence of the respective parties, which the said jurors shall reduce to writing, which shall be signed by all, or a majority of said jurors, and Officer to trans- by the Sheriff or other officer in attendance, and the said officer Clerk of Court. shall within five days thereafter, transmit the same to the Clerk of the District Court of the proper county, who shall file the same. Such inquisition shall describe the property taken or to be taken, or the boundaries of the land in question, and the value thereof, as aforesaid, and when such valuation shall be paid, together with the costs of such inquisition, or tendered to the owner or owners, or deposited with the said Court, shall Perfection of ti- entitle the said company to the estate and interest in the same thus valued, as if it had been conveyed by the owner or owners thereof in fee simple, so long as the land thus valued and taken shall be used for the track of said plank road: Provided, that it shall not be lawful for any such jury of inquest to proceed in the valuation of any such property or material in the absence of the owner or owners thereof, his, her or their legal representatives, unless it be made to appear, by affidavit, that such owner or owners have had at least five days' notice of the time and place of meeting, for the purpose of making such valuation, or unless it shall in like manner be shown that such owner or owners are absent from the county, and if such owner or Upon where owners are under age, or non compos mentis, the service of notice upon the guardian or trustee (if there be any), or their absence from the county shall be required to be established by affidavit to the said jurors, before they shall proceed to make such valuation: Provided further, that in case of such disagreement, the company shall not take possession of any land or tie to Land. Proviso. tice to be served Proviso. material until such jury shall have first decided that the taking thereof is necessary, and in case of materials that the same are not essentially necessary to the owner or owners thereof for his, her or their private and proper use. and subject to SEC. 9. The shares of stock of the company shall be deem-Stock deemed ed personal property, and every person becoming a shareholder Personal estate, by transfer, purchase, or otherwise, of shares of said stock, execution. shall succeed to all the rights and liabilities of the prior holder of said share or shares, and the 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, Proviso. that all debts due said company shall first be 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 Public Highit passes shall have given their written consent, which shall be propriated. recorded in the Town Clerk's office, or if the said commissioners shall refuse to give their consent, then the damages to the town shall be appraised or ascertained as in the case of private property, and the amount so appraised for such highway so taken, shall be paid to the said commissioners of the town to which it belongs, to be by them applied in improving the roads in such town. ways-how ap SEC. 10. The directors may erect toll gates and exact toll Rates of Toll. from persons traveling on their road, whenever three 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. For every score of sheep or swine, three cents a mile; and for every score of neat cattle, four cents a mile: Provided, that persons going to and returning from Provise. military parade, at which they are required by law to attend, empt. and persons going to or returning from funerals, shall be ex- Who to be exempt from toll, and no toll shall be exacted of any person or persons while actually going to or returning from any religious meeting on Sunday. ful obstruction, SEC. 11. If any person shall wilfully and knowingly ob- Penalty for wil struct, break, injure, or destroy the plank road so to be con- &c. structed 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, shali each of them, for every such offence, be liable in a civil suit for the recovery of damages by said company, by an action of Capital Stockhow increased. Reservation. When Company liable. Chap. 298 Secretary of State to certify Revenue and Proof, When State Treasurer to debt, 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 and imprisonment, or either, at the discretion of the Court. SEC. Src. 12. The directors of said company may at any annual or 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. SEC. 13. If said company shall violate any of the privileges hereby granted, the legislature of the State of Wisconsin my resume all and singular the rights and privileges vested in sail company by this act. SEC. 14. Said company shall be liable for all damages that may be sustained by any person or persons, in consequence of the omission or neglect to keep said road in good repair and condition. SEC. 15. This act may be altered or amended by any future legislature. FREDERICK W. HORN, Specker of the Assembly. DUNCAN C. REED, President pro tempore of the Senate. Approved, March 15th, 1851. NELSON DEWEY. An Act for the relief of the several counties of this State. The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. The Secretary of State is hereby authorised and required on his being furnished with satisfactory proof by the boards of Supervisors of the several counties of this State, under the seal thereof, to certify to the amount of all Territo rial and State revenue which has accrued from double assessment and taxation of property in said counties. SEC 2. The State Treasurer upon such certificate of the credit to County Secretary of State, shall credit the amount therein stated, to the proper county mentioned in said certificate. SEC. 3. This act shall take effect from and after the sage thereof. FREDERICK W. HORN, Speaker of the Assembly. DUNCAN C. REED, President pro tempore of the Senate. Approved, March 15th, 1851. NELSON DEWEY. An Act to legalise the Acts of the district board of school district No. 9 of the town of Eagle in Waukesha county for the year one thousand eight hundred and fifty. Chap. 299 The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: SECTION 1. The acts of the district board of school district No. 9, of the town of Eagle in Waukesha county as far as they have been connected with the building of a school house in said district are hereby declared valid and binding to all intents and purposes. Declared valid. SEC. 2. This act shall take effect and be in force from and When to take after its passage. FREDERICK W. HORN, Speaker of the Assembly. DUNCAN C. REED, President pro tempore of the Senate. Approved March 15th, 1851. NELSON DEWEY. effect. An Act to appropriate to William H. Howard the sum therein named. The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: Chap. 300 ted. SECTION 1. There is hereby appropriated to William H. Sum appropriaHoward the sum of eighty dollars to be paid out of any money in the treasury not otherwise appropriated in full for executing the requisition (issued,) issued by the Governor of this State on the Governor of the State of Indiana for the arrest of a fugitive from justice. FREDERICK W. HORN, Speaker of the Assembly, DUNCAN C. REED, President pro tempore of the Senate. Approved, March 13th, 1851. NELSON DEWEY. An Act for the relief of school district No. four of the town of Janesville and Har mony in Rock County. The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: Chap. 301 Who may raise school house. SECTION 1. The citizens of school district number four in the town of Janesville and Harmony in the County of Rock, a tax to build a are hereby authorised and empowered to raise a tax on the taxable property of said district to the amount of three thousand dollars for the purpose of building a school house, and for the paying of liabilities already incurred. Citizens may hold a district meeting. When Act to take effect. Chap. 302 Act amended Act repealed. SEC. 2. The citizens of said district, may, for the purpose of carrying out the provisions of the preceding section, hold a district meeting under the regulations of the revised statutes, on the second Monday of April, A. D. one thousand eight hundred and fifty-one at the hour of two o'clock, P. M. SEC. 3. This act shall take effect and be in force from and after its passage. FREDERICK W. HORN, Speaker of the Assembly, DUNCAN C. REED, President pro tempore of the Senate. Approved March 15th, 1851. NELSON DEWEY. An Act for the relief of the town of Green Bay. The People of the State of Wisconsin, represented in Senate und Assembly, do enact as follows: SECTION 1 That an act entitled "an act to amend an act to change the corporate limits and powers of the town of Green Bay," approved February eighteen, eighteen hundred and forty-two, be and the same is hereby so amended that the Presi dent and Trustees of the said town have power to raise by tax a sufficient sum to pay the existing debts of the said town, and to raise the necessary revenue for the future use and benefit of the said town; said tax not to exceed one and a half per cent. on the assessment in any one year. SEC. 2. All parts of said act or of any other law now in force conflicting with the provisions of this act are hereby re pealed. FREDERICK W. HORN, DUNCAN C. REED, Speaker of the Assembly. President pro tempore of the Senate. Approved, March 15th, 1851. NELSON DEWEY. Chap. 303 Who may raise a tax to build & An Act to authorise the inhabitants of Union School Districts. five, seven and eight. in the towns of Porter, Union and Dunkirk in the Counties of Daue and Rock to raise a tax for building a school house. The People of the State of Wisconsin represented in Senate and Assembly do enact as follows: SECTION 1: The inhabitants of Union School district, comschool house, posed of districts number five, seven and eight in the towns of Porter, Union and Dunkirk in the counties of Dane and Rock, |