AN ACT

To provide for the continuation of the Lisbon and Milwaukee Plank Road from Watertown to Madison.

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

SECTION 1. That the Lisbon and Milwaukee Plank Road Company, created by the act of the legislative assembly, entitled " an act to incorporate the Lisbon and Milwaukee Plank Road Company," be, and is hereby authorized to locate Company au and construct a plank road from Watertown to Madison, in thorized to le continuation of the road which said company is authorized to cate road. make from Milwaukee and Lisbon to Watertown, and for that purpose to take and use the road now located from Watertown to Madison if it shall be found on a survey to be suita ble, and to make such deviations therefrom as may be neces sary or to adopt such other practicable route as may be deemed [most expedient] by said company, and terminate said road at such points in the towns aforesaid, as they shall deem best for the public convenience, and the directors of said company may increase the capital stock of said company to Directors may an amount not exceeding three hundred thousand dollars and increase stoek receive subscriptions for the shares thereof, distribute and give certificates to the subscribers therefor, and the instalments on said shares shall be paid by the subscribers in the following manner, to wit: Two dollars on each share when How stock to, said company is organized, and two per cent. on the capital be paid, stock by each one subscribed, as each mile of said road is completed.

Company

SEC. 2. The said company shall have power to receive do nations of land, or materials required for the use of said company, or to purchase and hold real estate, or other property, donations.

may receive

necessary for the purposes of said company, and to sell and How proper. convey the same by their president, and a majority of the di y conveyed. rectors, and to construct a part of said road, of stone, gravel, or charcoal, if either of said materials shall be deemed most useful in the construction of said road: Provided no part thereof constructed of said materials shall have a greater elevation than the highest adopted in the grade of that part of the road covered with plank.

Proviso.

When direct

Ty cannot

ages, how to be decided.

SEC. 3. Whenever the said company cannot agree with ers and own the owner or owners of any land over which it may be desired ers of properto construct said road, (not less than two nor more than four agree on dam- rods wide) for the purchase thereof, or for the damage sustained by such owner or owners, or as to the compensation to be paid to the owner or owners of any gravel, stone, wood, or other material necessary for the construction of said road, or when by reason of the incapacity, or absence of such owner or owners, no such agreement or purchase can be made, application may be made to any justice of the peace of the county in which the property wanted may lie, who shall thereupon issue. his warrant, directed to the sheriff, or any constable of said county not interested, requiring him to summon a jury of nine freeholders of said county not interested in the property, to meet af some convenient place, at or near where he property is to be valued, on a day in said warrant named, not less than five nor more than ten days from the date of such 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 at orney, or either of them and if they are not present in person or by attorney, the sheriff or constable, for him, her, or them, may 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 sheriff or constable 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 advantage the same will be to such owner or owners according to the best of his skill and judgment. Whereupon the said jurors shall proceed to view the said land, or materials, so required, and to hear the evidence of the respective parties, and one of their number shall reduce the same to writing, which shall be signed by all or a majority of the jurors, and by the sheriff or other officer in attendance, and the said officer shall, within five days thereafter, transmit the same to the cleak 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 in question, and th value thereof, as aforesaid, and such valuation, when paid, to ether with the costs of such inquisition, or tendered to the owner or owners, or deposited with the said court, shall entitle he said company to the estate and interest in the same thus valued, as if it had been conveyed by. the owner or owners thereof in fee simple: Provided, that it shall not be lawful for any such 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 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 or non compos mentis, the service of notice upon the guardian or trustee, (if any there be,) or their absence from the county, shall be required to be established by affidavit to the said jurors, before they shall proceed to make such valuation: Provided, that the jury so summoned shall first decide that the taking of such land or materials is necessary, and that such materials are not essentially necessary to the owner or owners thereof, for his, her, or their private and proper use.

SEC. 4. The directors of said company may exercise all Duties and the powers conferred by law on said company; they may powers of transact all its business; audit and pay all accounts against

directors.

said company; may meet at such times and places as they may prescribe in the bye-laws to be enacted by them; they may appoint and remove all officers at pleasure; and they shall sign and issue certificates of stock; prescribe the times for the meeting of the stockholders, and declare and pay the dividends of so much of the surplus profits of the company as they shall deem advisable, which may accrue on the shares of said stock, to the stockholders, after paying all the just debts of the said company, on the first Monday of January and July annually. The board of directors shall consist of seven, who are stockholders, and shall be elected annually, and if any vacancy shall occur in the board of directors, by death, resignation, transfer of stock, removal from the terri tory, or otherwise, the remaining members o the board may fill such vacancy by the appointment of some other stockStockholders holder in the said company; and the persons holding a majority of the stock of said company may call special meetings of the stockholders to remove the directors, or either of them, for misconduct, or other cause. and elect others in their stead, or to transact any business of the said company. They shall give at least ten days previous notice of the time and place of such meeting in one newspaper printed in Madison, Watertown and Milwaukee.

may remove directors.

Part of act repealed.

Name changed.

Stock how

sold.

SEC. 5. In case of the violation by the company of any of the provisions of this [act], the legislature of the state or territory of Wisconsin may resume all and singular the rights and privileges hereby granted to said company; and the eighteenth section, and so much of the said act as is inconsistent with or contrary to the provisions of this act, is hereby repealed; and the name of the said company is hereby changed to the "Madison, Watertown and Milwaukee Plank Road Company," by which name the said company shall hereafter be known in law and be capable of transacting all of its bu siness.

SEC. 6. The shares of stock of the corporation shall be forfeited and deemed personal property, and in case any stockholder in said company shall neglect or refuse to pay any instalment as required by the fifth section of the act to which this is amendatory, it shall be lawful for the directors, or any person by

them appointed for that purpose, to offer at public sale any share or shares of stock on which such delinquency may have. occurred, after having given at least twenty days notice of the time and place of such sale; and every person becoming a shareholder by transfer, purchase or otherwise, of shares of said stock, shall succeed to all the rights and liabilities of the prior holder or holders of said share or shares; and the said shares shall be liable to be taken in execution for the payment of the debts of their owner in such manner as is or may be provided by law: Provid. d, that all debts due said company shall be first paid; and any stockholder may appoint any other stockholder to represent and vote for him at any meeting of the stockholders according to the number of shares of stock held by him.

SEC. 7. When ten consecutive miles of said plank road Rates of toll. shall be completed, it shall be lawful for the board of directors of said company to cause a toll gate to be erected, or when five miles shall be completed, a half toll gate, discretionary with the board of directors; at which gate said company may demand and receive for full toll gates, toll not exceeding the following rates, viz: For every vehicle, sled, sleigh, or carriage of any description drawn by one animal, ten cents; if drawn by more than one animal, for every such additional animal five cents, when designed or used chiefly at the time for the conveyance of persons, ten cents; for either of said vehicles drawn by one horse twenty cents, when drawn by two horses, and twenty-five cents when drawn by more than two horses. For every horse and rider, or led horse, six cents; for every horse, mule, or neat cattle, and half score of sheep and swine, three cents. Half toll not exceeding half the above toll.

ison.

SEC. 8. The seventh section of the act to which this [is] Road continamendatory, is hereby repealed, and the said commissioners ued to Madare hereby authorized to locate and the said company to construct said road upon the most practicable and eligible route for said road from Milwaukee to Madison; by the village of Watertown.