route.

SEC. 7. The location of the route of said road shall be de- Location of termined by the board of directors of said company, and if the same be located on any public highway, they shall have power to contract with the commissioners of highways of the town in which such road may be, for the right to use such highway for the purposes of said road, and the commissioners of highways are hereby authorized to grant to said company the right to use any highway in their town, as aforesaid, on such terms as they may agree.

When road to

be comme

SEC. 8. If said company shall not, within five years from the passage of this act, commence the construction of said road, and shall not within that time have constructed a sin. ed. gle or double track for a distance of twenty miles, then and in that case, it shall be considered a violation and non user of their charter, and all the rights, privileges, and powers of said company under this act, shall be resumed by the state of Wisconsin, and such disposition made with regard to any portion of said road which may have been constructed, as the legislature thereof may deem meet and proper, consistent with law and justice.

SEC. 9. It shall and may be lawful for said company, Land may their officers, engineers and agents to enter upon any lands be taken. for the 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 without the consent of the owner thereof, nor through any buildings, or any fixtures or any erections for the purposes of trade or manufactures, or any yard or enclosures necessary to the use or enjoyment thereof, without permission from the owners; and when the 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 land 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 there

How lands assessed and praid for.

: for, or as shall be ascertained in the manner hereinafter directed and provided in the case of lands.

SEC, 10. 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 may be located, and the owner or owners of said land shall refuse to permit such entry, 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 lawful for the parties to appoint three disinterested persons to estimate such damages. 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 such owner shall be under legal disability or out of the territory, then it shall be lawful for the judge of the district court of the district in which such land lies, on application of either party, and at the cost and charges of said company, to appoint three disinteres:ed 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 being confirmed by said court, judgment shall be entered 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 nse of said land, or be paid by the owner or owners in al 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 costs of such assessment shall be paid by said company, and it shal

be the duty of the appraisers in estimating such damages, to take into consideration the advantages that may accrue to the owner 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 land, 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 waiting the issue of said appeal.

may be

forfeited.

ap.

SEC. 11. The directors of said company may appoint a What otheers secretary, treasurer, and such other officers as they may find pointed. necessary, and shall have full power to decide the time and manner and proportions in which the said stockholders shall pay the money due on their respective shares, and to declare forfeited to the use of the said company any share or shares How stock held by any person or persons failing to pay an instalment so required to be paid, after advertisement of the same for a period not less than sixty days, in one or more newspapers, as herein before provided: Provided, that no instalment called in at any one time shall exceed five dollars per share, and that no instalment shall be called in by the directors without giving at least thirty days' notice thereof in the newspapers as aforesaid.

Certificate is. sued to steek

SEC. 12. The directors elected as aforesaid shall issue a certificate to each stockholder for the number of shares he or she shall subscribe for or hold in the said company, signed holders. by the president, countersigned by the secretary, and sealed with the common seal; subject, however, to all the payments due and to become due thereon; which stock may be transferable in person, or by attorney, executors, administrators, guardians or trustees, under such regulations as may be provided in the bye-laws of the company.

SEC. 13. At each annual meeting of the stockholders for the purpose of electing directors, the directors of the preced

ment when

Lade.

Annual state-ing year shall exhibit to the meeting a complete statement of the affairs and proceedings of the company for such year; and special meetings of the stockholders may be called by order of the directors, or by any number of stockholders holdSpecial meeting one-fourth in amount of the capital stock of the company,

ings how

called.

on like notice as required for annual meetings, but no basiness shall be transacted at such special meeting unless a majority in value of all the stock shall be then and there repre

sented.

Toll gates SEC. 14. On the completion of said road, or any portion may be erect- of the track not less than three consecutive miles, the company may erect one or more toll-gates upon their road, but not

ed.

at a less distance than three miles apart, and may demand and receive such tolls as from time to time they think reasonable, Rates of toll, not exceeding two cents per mile for any vehicle drawn by two animals; and for every vehicle drawn by more than two animals, one half-cent per mile for every additional animal; for every vehicle drawn by one animal, one cent per mile; for every horse and rider, or led horse, three quarters of a cent per mile; and for every twenty sheep or swine, and for every twenty neat [cattle,] one cent per mile: Provided, that it shall be the duty of said company, during the month of January in each year after the completion of such portion of the road as will authorize them to erect one or more tollgates, to make a report to the legislature, setting forth particularly the amount of capital invested, the length of road in operation, the expenses paid and tolls collected during the preceding year, and generally such information in regard to the affairs of the company as the legislature may require: which report shall be verified by the oath or affirmation of the president or secretary, and one of the directors of said company.

Company to report to le gislature.

Penalty for

SEC. 15. If any person shall wilfully and knowingly obstruct injury to road, break, injure or destroy the road so to be constructed by sa.. company, or any part thereof, or any work, building or fixture attached to or in use upon the same, belonging to said com pany, such person or persons so offending shall each of thes

for every such offence, be liable to a civil suit for the recovery of all damages by said company, 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 of such offence shall be punished by fine and imprisonment, or either, at the discretion of the

court.

to be taken

SEC. 16. The stock of every individual which may be Stock liable invested in said corporation shall be liable to be taken for debt. in execution for the payment of his or her debts in such manner as is or may be provided by law: Provided, that all debts due said company from such individual shall be first paid.

Liabilities

SEC. 17. The debts and liabilities of said corporation shall not exceed in amount at any one time, fifty per cent. of its limited. capital actually paid in, and if debts and liabilities shall at any time be incurred to a greater amount than by this sec tion is provided for, the directors of said company shall be jointly and severally individually liable for such excess, in addition to their other liabilities at law and as provided for

in this act.

How stock

may be in.

SEC. 18. The directors of said company may at any annual or special meeting of the stockholders, with the consent creased. of a majority in amount of such stockholders, provide for such increase of the capital stock of said company as may be found necessary to complete such road in such sections as may have been actually commenced, but remain in an unfinished state for want of means, and for the further purpose of extending the road from time to time towards its terminus on Rock river: Provided, that the whole stock of said company shall not be so increased as to exceed at any time four thousand dollars per mile for each mile of road.

SEC. 19. If said company shall misuse or abuse any of the Charter may be resumed. privileges hereby granted, the legislature may resume all and singular the rights and privileges vested in said company by this act, and may establish rules and regulations for the