on sections twenty-three, and twenty-two, and twenty-oue, on the south side of the farms of Hiram Manson, Abram Woolener, Charles Curtis, and others, be, and the same is hereby declared to be a legal and valid highway.

TIMOTHY BURNS,

Speaker of the House of Representatives.

HORATIO N. WELLS,

APPROVED, March 11, 1848.

President of the Councils

HENRY DODGE.

AN ACT

To incorporate the Fond du Lac and Beaver
Dam Road Company.

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

Commission

SECTION 1. That Moses S. Gibson, James B. Clock, John J. Driggs, Peter V. Sang, Myron Orris, Seymore Wilcox, T. ers appointed. C. Snow, Amos. Whiting, and such other persons as shall associate with them, and become stockholders pursuant to the provisions of this act, shall be and hereby are created and made a body corporate and politic, in fact and in name, by the name of "The President and Directors of the Fond Name and du Lac and Beaver Dam Road Company," and by that name style and they and their successors shall have perpetual succession, corporation. powers of and shall be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all courts and pla ces whatsoever, in all matters appertaining to said company.

Power of com

pany.

Amount of capital stcek.

How concerns managed.

Power to make bye. laws.

Books opened

SEC. 2...The said company shall have power to construct a plank road from Fond du Lac to Beaver Dam, and the route of said road between the points above bamed shall be determined by the directors of said company, when elected by the stockholders and duly organized, and they shall have power in their discretion to construct said road along and upon any road or highway now or hereafter to be laid out, opened or established by the proper authorities, and of such width, and in such manner as the said directors shall determine, and there shall be suitable tracks, side cuts, or turn outs upon the same, made of planks, charcoal, stone or timber, or a part of each, or of any other hard material, securely laid, so as to form a smooth and even surface.

SEC. 3. The capital stock of said company shall not exceed the sum of one hundred thousand dollars, tɔ [be] divided into shares of twenty-five dollars each, and shall be transferable in such manner as shall be prescribed in and by the bye-laws of said company, and each stockholder shall be entitled to one vote for each and every share of stock held by them, by proxy or in person. 7.

SEC. 4. The business and the concerns of said company shall be managed and conducted by nine directors, who shall be stockholders, and shall be elected annually, on the first Wednesday in December, at such place as a majority of the directors shall appoint, and shall hold their office for one year and until others are chosen. And the said directors shall choose one of their number to be their presideut, and [a] majority of said directors shall be a quorum for the transaction of business.

SEC. 5. The said directors or [a] majority of them shall have power to make such bye-laws, rules, and regulations as to them shall appear necessary and proper for the manage ment of the concerns of said company, not inconsistent with the laws of the territory, or the future state of Wisconsin, and also to appoint such agents and officers, as may be necessary to carry out the objects of the corporation.

SEC. 6. The persons named in the first section of this set, or any two of them, shall be commissioners to open becks

and receive subscriptions to the capital stock of said compa ny, at such times and places as a majority of them may deem expedient, and whenever ten thousand dollars of such capital stock shall [be] subscribed for and distributed, and ten per cent. paid thereon, said commissioners shall call a meeting of the stockholders of said company by giving two weeks' public notice of the same in one or more newspapers published at Fond du Lac, for the purpose of electing the direc tors of said company, who shall hold the office until the first annual election thereafter, and the directors shall [be] authorized to call in and require the payment of the balance of the stock subscribed for, in ten per cent. instalments, as they progress in the construction of said road and as the interests of the company may require.

land.

SEC. 7. It shall and may be lawful for said company, their Corporation officers, engineers and agents to enter upon any lands for the may take purpose of exploring, surveying and locating the route of said road, doing thereto no unnecessary damage, nor locating any such route through any orchard or garden, nor through any. building, or any fixtures or erections for the purpose of trade. or m nuf ctures, without permission from the owners thereof; and when said route shall be determined by the said company, it shall be lawful for them, their officers, agents, engineers, contractors and servants, at any time to enter upon, take possession of and use such lands, to the width of four rods, and also to take from any lands adjoining said road, gravel, stone or earth, for the purpose of constructing or repairing said road; 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.

SEC. 8. Whenever it shall be necessary for the said company to enter upon and occupy, for the purpose of making said road, any land upon which the same be located, and the owner or owners of said lands shall refuse to permit such en try or occupation, and the parties cannot agree upon the compensation to be made for any injury that may be done to such land by such [entry] and occupation, it shall and may be

How dama. ges to be as

sessed for occupying land or taking mabuilding road.

terials for

lawful for the parties to appoint three disinterested persons to estimate such damage, who shall take an oath or affirmation fairly and impartially to estimate the same, and who shall reside within the county where the land lies.. The expenses incurred by said appraisers shall be defrayed by the said company, but if the parties cannot agree upon such persons, or if the persons so chosen shall not decide upon the matter, or if the owner of such land shall refuse or neglect to join in such appointment within twenty days after the requisition for that purpose upon him made, or if any such ownershall be under legal disability or out of the territory, then it shall be lawful for the clerk of the district court of the county in. which such land lies, on application of either party, and at the cost and charges of said company, to appoint three disin terested persons of said county, to view and examine said. lands, and estimate the injury or damage, if any in their judgment will be sustained as aforesaid, by reason of the location of said road, and report the same under oath or affirmation to the district court of said county, which report be-ing confirmed by the said court, the judgment shall be en-tered thereon. The said viewers shall be entitled to two dollars per day each for their services, to be paid by the said company, in all cases where the damages shall be assessed. to a greater amount than the sum that may have been tendered by said company for the use of said land, or be paid by the owner or owners in all cases where the assessed damages shall not be greater than the sum thus tendered: Provided, that in case the owner of such land shall be under any legal disability, the cost of assessment shall be paid by said company; and it shall be the duty of the appraisers in estimating such damages, to take into consideration the advantages that may accrue to the owners of said lands from the construction of said road: Provided further, that either party may appeal to the said court within thirty days after such report may have been filed in the clerk's office, and such appeal shall be tried as other issues arising in said court. And provided also, that upon payment, or tender of payment of the sum specified in the report of said viewers or

appraisers, to the owners of said lands, or a deposite of the same for their benefit, with the clerk of the district court of the county in which the land is situated, the said company may immediately take and use the same without awaiting the issue of said appeal.

gates.

SEC. 9. The said directors may place toll-gates at any Directors place on said road where they may determine: Provided, may erect toll that no full toll-gate shall embrace less than ten miles in length of said road; half toll-gates, half that length, or five miles; and in proportion as aforessid until said gates shall take in the whole length of said road. Whenever ten consecutive miles of said road shall be completed, it shall be -lawful for the said directors to cause a toll-gate to be erected, or when five miles shall be constructed, a half toll-gate, discretionary with the said directors, at which gates said company may demand and receive for full toll-gates toll not exceed ing two cents per mile for every vehicle, sled, sleigh or carriage of any description drawn by two animals; and every vehicle drawn by more than two animals, one half cent per mile for every additional animal; for every horse and rider, or for every vehicle drawn by one animal, one cent per mile; for every horse, mule or neat cattle, and half score of sheep or swine, one-half cent per mile. No toll shall be exacted of any person while actually going to or returning from any religious meeting on Sunday, or from any person liable to military duty while actually going to or returning from any military parade or review at which their attendance shall be by law required. And the toll-gatherer at any of said gates erected on said road in pursuance of this act, may detain and prevent from passing such gate any vehicle, carriage or animal subject to toll until the toll thereon is paid.

gate, or pass

without pay

SEC. 10. Any person who shall wilfully break or throw Penalty for down any gate on said road, which may have been erected injury to toll in pursuance of this act, er shall do any damage to said road, ing gate or forcibly or fraudulently pass any such gate without having paid the legal toll, or to avoid the payment of the legal toll shall with his or her team, vehicle, carriage or animal turn out of said road, or pass around such gate for the purpose of

ing to!.