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Corporation may take land.

How dara.

ges to be as

or taking ma.

terials for building road.

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 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, 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: Provided, that in such places as may be necessary for the company to obtain gravel and stone, or to make excavations and embankments for the construction of said road, the company may locate the route of said road not to exceed six rods in width, and they may also cut down such trees on each side of said road as may endanger said road by falling or otherwise.

SEC. 8. When the said corporation cannot agree with the Sessed for oc- owner or owners of any land, gravel, stone or other material cupying land required for the construction of said road, for the purchase thereof or for 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 town in which the property may lie, to issue a 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 the said justice at some convenient place at or near the property to be valued, on a day in said warrant na ned, 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 at

torney, the sheriff or constable shall for him, her or them strike off each two of said jurors, and the remaining five shall act as a jury of inquest of damages. Before they act as such, the said justice of the peace shall administer to each of them an oath or affirmation, that he will faithfully and impartially value the land or material required for such road, and all damages which the owner or owners shall sustain by reason of the construction of said road, taking into consideration the advantages the same will be to the owner or owners according to the best of his skill and judgment; whereupon the said justice and jurors shall proceed to view the said land or material so required, and to hear the evidence of the respective parties, which the said justice shall reduce to writing, which shall be signed by the said justice, and the verdict of the jurors thereon shall be signed by the said jurors or a majority of them, and by the justice of the peace; and the said justice 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 owners, or deposited with the said court, shall 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, 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 justice and 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 the 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 owners are under age, of non compos mentis, such service of notice may be made upon the guardian or trustee, under the same restrictions as in case of owners; or

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if there be no guardian or trustee, the same shall be established by affidavite Provided, that no such materials shall be taken, if the jury shall decide that the same are essential to the owner or owners thereof yang sut be

SEC. 9. The shares of stock of the corporation shall be deemed per-deemed personal property.and every person becoming a sharesonal proper. holder 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 the said shares shall be liable to be taken in execution for the payment of the debts of the owner in such manner as is or may be provided by law. Wherever the route of said road follows the line of any public highway, the said company shall not take possession of 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 elerk's office,

Directors

gates.

SEC. 10. The directors may erect toll gates and exact toll way erect toll from persons traveling on their road, whenever five consec utive miles are finished, or when the whale 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 one score of sheep or swine one cent a mile, and for every score of neat cat:le tour cents per mile: Provided, that persons going to and from military parade, at which they are required by law to attend, and persons going to or returning from funerals, shall be exempt from toll. The toll-gatherer at each and every gate, when erected on said road in pursuance of this act, may detain and prevent from passing such gate any carriage or animal subject to toll, until the toll thereon is paid.

Penalty for wilful injury.

SEC. 11. If any person shall wilfully and knowingly ob struct, break, injure, or destroy the plank road 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 offend

ing, shall, each of them, for every such offence, be liable to a civil suit for the recovery of damages by said company, by an action of trespass, in any court having competent jurisdiction in the county-wherein the offenceshall 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.

gate, or pass

ing toll.

SEC. 12. Any person who shall wilfully break or throw Penalty for down any gate on such road, which may have been erected injury to to!! in pursuance of this act, or do any damage to said road, oring gate without payforcibly or fraudulently pass any such gate without having paid the legal toll, or to avoid the payment of the legal toll shall with his team, carriage or animal turn out of said road, or pass any gate thereon on ground adjacent thereto, and again return on said road, shall for each offence forfeit a sum not exceeding ten dollars, to and for the use of said compa ny, and also for all damages done to the profits of said company, in an action of trespass.

increase stock

SEC. 13. The directors of said company, at any annual Company way or special meeting of the stockholders, with the consent of a majority in amount of such stockholders, may 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. 14. If said company shall violate any of the privi- Charter may leges hereby granted, the legislature of the state of Wiscon- be resamel. sin may resume all and singular the rights and privileges

vested in said company by this act.

and finished.

SEC. 15. If said corporation shall not within three years When road from the passage of this act commence the construction of commenced said plank road, and expend three thousand dollars or more thereon, and shall not within ten years from the passage of this act construct, finish and put in operation a single or double track of plank road from Milwaukee city to the town or village of Beaver Dam, in the county of Dedge, then the rights, privileges and powers of the said corporation under this act shall be null and void.

SEC. 16. This act shall be favorably construed to effect

How act construed.

the purposes thereby intended, and the same is hereby declared to be a publie act, and copies thereof printed by authority of the territory shall be received as evidence thereof.

SEC. 17. This act may be altered or amended by any future legislature of the territory or state of Wisconsin.

TIMOTHY BURNS,

Speaker of the House of Representatives.
HORATIO N. WELLS,

APPROVED March 10, 1849.

President of the Council.

HENRY DODGE.

AN ACT

To legalize certain acts of the commissioners of highways of the towns of Whitewater and Salem.

Be it enacted by the Council and House of Representatives of the Territory of Wisconsin :

SECTION 1. That the acts of the commissioners of highways of the town of Whitewater. Walworth county, in Febraary, A. D. 1848, altering the territorial road from Madison to Rochester, on and near the farm of Zerah Mead, in said town of Whitewater, are hereby declared to be valid, and said alteration is confirmed, any thing in any law of this ter ritory to the contrary notwithstanding.

SEC. 2. That the highway heretofore laid out in the town of Salem, in the county of Racine, by the highway commis sioners of said town, on the 11th day of February A. D. 1847,

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