pleted, and all provisions contravening the provisions of this act are hereby repealed. FREDERICK W. HORN, Speaker of the Assembly. SAMUEL W. BEALL, Lt. Governor and President of the Senate. Approved, March 17th, 1851. NELSON DEWEY. Chap. 387 An Act to vacate a part of the Territorial Road in Dodge county, surveyed by Victor Road vacated. When to take effect. M. Adams, under the direction of Isaac Noys and Benjamin Clason, commissioners, and established by an Act of the Territorial Legislature, approved February 2nd, 1845. The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows : SECTION 1. So much of a Territorial road as was surveyed by Victor M. Adams, under the supervision of Isaac Noys and Benjamin Clason, commissioners, established by an act of the Territorial legislature, approved February 22nd, 1845, as runs through the lands of Stephen Drown, J. C. Hurd, M. B. Hall, Durkee Lyon, and Isaac Noys, in the county of Dodge, be and the same is hereby vacated and discontinued. SEC. 2. This act shall take effect and be in force from and after its passage. FREDERICK W. HORN, Speaker of the Assembly. SAMUEL W. BEALL, Lt. Governor and President of the Senate. Approved March 17th, 1851. NELSON DEWEY. Chap. 388. Lands bid off for the County tion and sale. An Act concerning sales for taxes The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. Section ninety-four of chapter fifteen of title subject to taxa- five of the revised statues is hereby amended, so that it shal hereafter read as follows: All lands bid off for the county, 25 provided in the preceding section, shall continue liable to be taxed in the same manner as if such sale had not been made. and upon every return of such lands as delinquent to the cour ty treasurer, they shall be subject to sale under the statute regulations the same as all other lands which may be returned as delinquent, and sold for the taxes and charges thereon. Previded, that if such lands are sold to any individual or individu als, at any subsequent tax sale or tax sales, the title which may only on pay accrue to such individual or individuals by virtue of such sub- Titles perfected sequent sale, can only be perfected by paying to the county the ment of arrears. amount of the claim which may be recorded against such lands, y virtue of the preceding sale made to such county. SEC. 2. That all acts and parts of acts contravening the Acts repealed. rovisions of this law be and the same are hereby repealed. FREDERICK W. HORN, Speaker of the Assembly. SAMUEL W. BEALL, Lt. Governor and President of the Senate. Approved March 17th, 1851. NELSON DEWEY. 1 Act to provide for Clerks in the Offices of Secretary of State, State Treasurer and Chap. 389 Superintendent of Public Instruction. The People of the State of Wisconsin represented in Senate d Assembly, do enact as follows: Officers to em SECTION 1. The Secretary of State, State Treasurer, and Certain State perintendent of Public Instruction, are hereby authorised ploy clerks. A required to employ at the expense of the State, the neces y clerks in their respective offices to be paid quarterly out the State treasury, for which purpose an appropriation is eby made: Provided, That such payment shall not exceed Proviso. sum of three hundred dollars per year to each of said offi- Sum appropria ted. repealed. SEC. 2. So much of any law of this State as conflicts with Conflicting acts provisions of section one of this act, is hereby repealed. FREDERICK W. HORN, Speaker of the Assembly. SAMUEL W. BEALL, Lt. Governor and President of the Senate. pproved March 17th, 1851. NELSON DEWEY. An Act to incorporate the Delaven Railroad Company. re People of the State of Wisconsin represented in Senate Assembly, do enact as follows: CTION 1. William C. Allen, Franklin K. Phoenix, Nicho4. Harrington, Aaron H. Taggart, Otis Preston, Joseph orrell, Jr., Thomas McHugh, Charles H. Sturtevant, Milo y, Philetus S. Carver, Samuel C. Kelsey, John L. Ward, s Mabie, Rial M. Weed, and Thomas James, together with other persons as may hereafter become associated with in the manner hereinafter prescribed, their successors and Chap. 390 ers of corpora tions. Name and pow- assigns, are hereby created a body corporate by the name of theDelavan Railroad Company;" and by that name shall be and are hereby made capable in law to purchase, hold, and enjoy and retain to them and their successors, lands, tenements, and hereditaments, so far as may be necessary for the purpose of said railroad; and the same to sell, grant, rent, or in any way dispose of, to contract and be contracted with, to sue and be sued, implead and be impleaded, answer and be answered, defend and be defended, and also to make, have, and to use a common seal, the same to alter, break, or to renew at their pleasure; and if either of the persons named in this section. shall die, refuse, or neglect to execute the powers or to disWho may fill charge the duties thereby created, it shall be the duty of the remaining persons hereinbefore named, or a majority of them, to appoint a suitable person or persons to fill such vacancy or vacancies so often as the same shall occur. vacancies. Corporation may make surveys, &c. Route. Capital stockhow divided. Who to open books, timewhere, &c. Who to give notice of elec tors. SEC. 2. The said corporation are hereby empowered to cause such examination or surveys to be made, as shall be necessary to ascertain the most advantageous route whereon to construct a railroad, and shall cause an estimate to be made of the probable cost thereof, for each mile separately; and the said corporation shall be and are hereby invested with the right to construct a railroad, with one or more railways or tracks, from some convenient point in the village of Delavan, in the county of Walworth, to such points either within said county, on its line of boundary, or in the counties of Rock, Racine, and Kenosha, as may be deemed advisable by said corporation. SEC. 3. The capital stock of said company shall be two hundred thousand dollars, and shall be divided into shares of fifty dollars each, and five dollars on each share shall be paid at the time of subscribing. SEC. 4. The above named persons, or a majority of them, are authorised to open books for receiving subscriptions to the capital stock of said company, and shall prescribe the form of such subscription, which books shall be opened within ten years from the passage of said act, at such place or places as they may deem expedient, by giving thirty days' notice in some newspaper printed in said county, or by posting three notices in three conspicuous places in said county of Walworth, of the time and places or of the times and places of opening said books; the said books to be kept open sixty days. SEC. 5. So soon as said stock, or twenty thousand dollars tion of Direc- thereof shall have been subscribed, the above named persons. or the same number thereof, as shall have given the notice above required, shall give like notice of the meeting of the stockhold ers to choose directors at some time at least thirty days there determine re after, and at some place within the said county of Walworth; and if at such time and place the holders of one half or more of said stock subscribed shall attend, either in person or by some lawful proxy, they shall proceed to choose from the stockholders, by ballot, nine directors, each share of capital stock stock to vote. entitling the owner to one vote; and at such election the persons named in the first section of this act, or those appointed by its provisions to fill vacancies which may have occurred, or any three of them if no more be present, shall be inspectors of such election, and shall certify in writing, signed by them or a majority of them, what persons are elected directors, and if two or more have an equal number of votes, such inspectors shall determine by lot which of them shall be directors to complete Inspectors to the number required, and shall certify the same in like manner, sult. and such inspectors shall appoint the time and place of holding the first meeting of directors, at which meeting five shall form a board competent to transact all business of the company; and hereafter a new election of directors shall be made annually, at such time and places as the stockholders at their first meeting shall appoint; and if the stockholders shall fail to appoint, at their first meeting, the day of such election, then it shall be holden in the succeeding year, on the same day of Annual Electhe same month on which said first election was holden, unless held the same be on the first day of the week, in which case it shall be holden on the next day succeeding; and if no election be made on the day appointed, said company shall not be dissolved, nor shall the office of the legal directors expire until their successors are elected, and such election may be made at any time appointed by the by-laws of said company; the directors shall elect one of their own number President, and shall appoint a Secretary, Treasurer, such engineers and other officers as they elect and appoint certain ofmay find necessary, shall fix their compensation, and may re-cers quire adequate security for the performance of their respective trusts. tions-when ¡Directors may scriptions-how SEC. 6. The directors may receive payment to the sub- Payment of subscriptions to the capital stock, at such time and in such propor- made. tions, not exceeding twenty-five per cent. at any one instalment, in such manner and under such conditions as they shall deem fit, under the penalty of forfeiture of all person's [previous] payments thereon or otherwise: Provided, they shall Proviso never require the payment to be made at any place out of the counties through which said road shall pass; and such directors shall, at least thirty days previous to the appointed time of such required payment, give notice thereof in the manner provided in the fourth section of this act for giving notice of the opening of the books of subscription for the stock of said company. Notice to be given.; General powers of Directors. Occupation of Laude-when lawful may select arbi trutors Parties may ap SEC. 7. The directors of said company shall have power to make, from time to time, all needful rules, regulations, and bylaws touching the business of said company, and to determine the number of tracks upon said road, and the width thereof, and the description of carriages which may be used thereon, to regulate the amount of tolls and the manner of collecting the same for such transportations; and the said company may erect and maintain toll houses, and such buildings and fixtures as the accommodation of those using said road may require. SEC. 8. The said company shall have the right to enter upon any lands, to survey and lay down said road, not exceeding one hundred feet in width, and whenever any lands or materials shall be required for the construction of said road, and the same shall not be given or granted to said company, as to the compensation to be paid therefor, the person or persons claiming compensation as aforesaid, or if the owner or owners thereof are minors, insane persons or married women, the guardian or guardians of such minor or minors, and insane persons, and the husband of such married woman, may select for themselves When parties a disinterested person, as an arbitrator, and the company shall select an arbitrator, and the two thus selected shall take to themselves a third person, who shall be sworn and paid by said company, as arbitrators between the parties, and render copies of their award to each of the parties in writing, from which award either party may appeal to the court of proper jurisdichaving jurisdiction, in the county in which such lands or materials may have been situated, and in all cases in which compensation shall in any manner be claimed for lands where there has been no improvements made, it shall be the duty of the arbitrators and court to award fair compensation for such lands and materials, Appesis to be and appeals in such cases, shall when taken, be in all respects proceeded in as appeals in other cases in said courts, and brought into said court by filing the award with the clerk of said court, whose duty it shall be to enter the same on the docket of said court, setting down the claimant or claimants as plaintiff, and said company as defendant, and when the valua tion so ascertained shall be paid or tendered by said company, said company shall have the same right to retain, hold, own and Perfection of possess said lands and materials as fully and absolutely as if title by tender the same had been granted and conveyed to said company by deed, as long as the same shall be used for the purposes of said pear to tion. tried as other issues. of va uation. Company may use reads. &c., road. SEC. 9. The said company may construct the railroad across un estan con- any public or private road, highway, stream of water or water course, if the same shall be necessary, but the said company shall restore such road, highway, stream of water or water |