posals for doing the state printing," in March, eighteen hund red and fifty. GEO. H. WALKER, Speaker of the Assembly, pro tempore. Lt. Governor and President of the Senate. Approved, February 26th, 1851. NELSON DEWEY. An Act appropriating to Fratney & Herzberg the sum therein named. The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: SECTION. 1. There is hereby appropriated to Messrs. Fratney & Herzberg, to be paid out of any money in the treasury not otherwise appropriated the sum of twenty-one dollars and fifty cents, in full for publishing in the Milwaukee Volksfreund, the act in relation to the division of the county of Washington, published by authority contained in said act. GEO. H. WALKER, Speaker of the Assembly, pro tempore. Lt. Governor and President of the Senate. Approved February 26th, 1851. NELSON DEWEY. An Act appropriating to S. M. Booth the sum therein named. The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. There is hereby appropriated to S. M. Booth, to be paid out of any money in the treasury not otherwise appropriated, the sum of fourteen dollars in full for advertising in the Milwaukee Free Democrat, by direction of the Secretary of State, a notice for the payment of interest due on Canal lands in eighteen hundred and fifty. GEO. H. WALKER, Speaker of the Assembly, pro tempore. Lt. Governor and President of the Senate. Approved, February 26th, 1851. NELSON DEWEY. An Act to appropriate to Barstow & Hatch the sum therein named. Chap. 108 Chap. 109 Chap. 110 The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. There is hereby appropriated, out of any mon Chap. 111 appointed. ey in the treasury not otherwise appropriated, to Barstow & Hatch, of Waukeshaw, the sum of six dollars and twenty-five cents, in full for one dozen bottles of ink furnished the Secretary of State January twentieth,eighteen hundred and fifty-one. GEO. H. WALKER, Speaker of the Assembly, pro tempore. SAMUEL W. BEALL, Lt. Governor and President of the Senate. Approved, February 26th, 1851. NELSON DEWEY. An Act to incorporate the Milwaukee fand Humbolt Plank Road Company. The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: SECTION. 1. That John H. Hoorer, E. B. Walcott, Harrison Ludington, Byron Kilbourn, John H. Tweedy, Thomas L. Ogden, H. D. Heide, Charles E. Jenkins, C. M. Hunter, John L. Doran, D. A. J. Upham, Elisha Starr, Mathew Steine and William W. Brown, be, and they are hereby appointed commisCommissioners sioners under the direction of a majority of whom, subscriptions may be received to the capital stock of the "Milwaukee and Humbolt Plank Road Company" hereby incorporated, and they may cause books to be opened at such times and places as they shall direct, for the purpose of receiving subscriptions to the capital stock of said company first giving thirty days notice of the times and places of taking such subscriptions by publishing the same in one or more newspapers printed in the city of Milwaukee. SEC. 2. The capital stock of said company shall be thirty thousand dollars, and shall be divided into shares of twenty dollars each; and as soon as one thousand shares of the capital stock shall be subscribed, and one dollar of each share actually paid in, the subscribers of such stock, with such other persons as shall associate with them for that purpose, their successors and assigns, shall be, and they are hereby declared and created a body corporate and politic, by the name and style of "The Conditional cor Milwaukee and Humbolt Plank Road Company," with perpetual succession; and by that name shall have all the privileges. franchises and immunities incident to a corporation, to wit: they shall be capable in law of purchasing, holding, leasing, and conveying estate, either real, personal or mixed; and in their corporate name may sue and be sued, may have a common seal which they may alter or renew at pleasure, and generally may do all and singular the matters and things which they are authorised by law to do for the interest and well being of said company. porate powers. Notice of election of Directors SEC. 3. The said commissioners, or a majority of them, after the said one thousand shares of stock shall have been subscribed as aforesaid shall give at least twenty days notice in the newspapers hereinbefore mentioned, of the time and place of meeting of the stockholders for the purpose of electing seven directors, who shall elect one of their number President; and annually thereafter, the said stockholders shall meet on the first Monday in July, for the purpose of electing directors as aforesaid, upon a like previous notice, to be given by a majority of the directors for the time being in such newspapers as they may think proper: Provided, That previous to the first election, the Proviso. commissioners hereinbefore named shall elect one of their number President, and they shall perform all the duties, and be invested with all the powers of directors. And provided, That if from any cause an election shall not be held at the regular time specified therefor the same may be held at any other time on notice as aforesaid; that until such election, the directors of the pre- Vacancies, how ceding year shall continue to act, and this charter shall not be avoided by reason of the irregularity or want of such election, and in case of any vacancy in the board of directors, the same shall be filled by the other directors or a majority of them. filled. chosen. SEC. 4. The affairs of said company shall be managed by a board of seven directors, who shall be stockholders, and be chosen annually by ballot by the stockholders of said company, the vote to be given in person or by proxy duly authorised; which directors shall appoint one of their number President; Directors, how and shall serve until others are elected in their stead. They shall make and establish such by-laws, rules and regulations, not inconsistent with the constitution and laws of the United States and of the State of Wisconsin, as may be necessary for the well ordering of the affairs of said company; each share of stock shall be entitled to one vote, and in all cases of elections for directors, the seven stockholders having the greatest number of votes shall be declared duly elected. SEC. 5. Five directors shall constitute a quorum for the transaction of business, who, in the absence of the President, may appoint a President pro tem. The said directors shall ap point a secretary, treasurer, such engineers and other officers as they may find necessaay, and fix their compensation, and may demand adequate security for the performance of their respective trusts: they shall have full power to decide the time and manner in which the said stockholders shall the pay money tors. due on their respective shares, not exceeding twenty-five per cent in any one instalment, and to forfeit to the use of said company the share or shares of every person or persons failing to pay any instalment, at a reasonable period not less than thir Duties of Direc ty days after the time appointed for the payment thereof. They shall have power to regulate tolls; to make such covenants, contracts and agreements with any person or persons, or body politic whatsoever, as the execution and management of the works and the convenience and interests of the company may require, and in general to superintend and direct all the operations, receipts, disbursements and other proceedings of the Stoek certifi- company. The commissioners, until the directors are chosen, shall issue certificates to each stockholder for the number of shares he or she shall subscribe for or hold in said corporation, signed by the President and countersigned by the Secretary, subject to all the payments due and to become due thereon; which stock shall be transferable in person or by attorney, executors, administrators, guardians or trustess, under such regulations as may be provided by the by-laws of said company. cates taansferabie. construction, SEC. 6. The said company shall have power to locate and construct a single or double track plank road from such eligi ble point in the city of Milwaukee, to Humbolt in the county of Milwaukee, from thence to intersect at the most convenient point with the Fond du Lac plank road, as shall be determined on by a vote of the stockholders having a majority of the stock Of location and of said company, and who shall be represented in person or by proxy, at a special meeting called for the purpose of fixing the location or termination of said road, and they shall have power to erect all such toll houses, bridges and other works and ap pendages as may be necessary for the convenience of said company in the use of said road. The directors shall exercise all powers conferred on them by law, shall audit and pay all accounts; give and receive all such receipts and discharges of debt as shall be deemed best for the interest of said company; Powers of Di- fix the compensation and salary of the officers they may appoint, and meet at such times and places as they may prescribe in the by-laws to be enacted by them. They may appoint and remove all officers at pleasure; prescribe the meeting of the stockholders, and declare and pay the dividends, or so much of the surplus profits of the company, as they shall deem advisable, which may accrue on the shares of the said stock to the stockholders of said company, on the first Monday of July and January of each year. rectors. SEC. 7. 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 road, doing thereunto no unnecessary damage, and when said Occupation of 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 Lands 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. summoned to SEC. 8. 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 any 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, directed to the sheriff or any constable of said county not directly interested, requiring him to summon a jury of nine freeholders of said county, not interested in said property, to meet when jury to be at some convenient place at or near the property to be valued, assess damages. 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 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 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 judgment, whereupon the said jurors shall proceed to view the said land or material so required, and to hear the evidence of the respective District Clerk to file proceedparties, which the said jurors shall reduce to writing, which ings. shall be signed by all, or a majority of said jurors, and by the sheriff or other officer in attendance, and the said officer 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 such valuation when paid, together with the costs of such inquisition, or tendered to the owner or |