corporate capacity, hold, purchase or deal in any lands within this territory other than the land on which said road shall run, or which may be actually necessary for the construction. or maintenance thereof, and of the gates, toll-houses and other fixtures connected therewith. sessed for oc terials for SEC, 11. Whenever it shall become necessary for the president, directors, and company of said plank road corpora- How damation to enter in and upon, and occupy, for the purpose of ma- ges to be asking said plank road, any land upon which the same be locacupying land ted, if the owner or owners of said land shall refuse to permit or taking inasuch entry, or occupation, and the parties cannot agree upon building road. 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 damage, who shall be under oath or affirmation, fairly and impartially to estimate the same, who shall reside within the county where the land lies, and the expenses incurred by the said appraisers, shall be defrayed by the plank road 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 feme covert, under age, non compos mentis, or out of the territory or state, 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 corporation, to appoint three disinterested persons of the said county, to view and examine said lands, and estimate the injury or damage, if any in their apprehension will be sustained as aforesaid, by reason of the location of said plank road, and report the same under their oaths or affirmations, to the district court of said county, which report being confirmed by the said court, judgment shall be entered thereon, and the said viewers shall be entitled for their services to two dollars per day each, 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 Provisos. use of such land, or to 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 be feme covert, under age, non compos mentis, the costs of such assessment shall be made by said company, and it shall be the duty of the appraisers in estimating such damages, to take into consideration the advantages that may ac crue to the owner of said lands from the construction of said plank road: Provided further, that either party may appeal to the 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 where the land is situated, the president and directors, agents or contractors for making or repairing the said road, may immediately take and use the same without waiting the issue of said appeal. SEC. 12. Whenever it shall become necessary for said How dama company to use any part of the public highway for the conges assessed straction of said plank road, the commissioners of highways for use of publie highway. of the town in which such highway may be situated, or a majority of them may give such company the permission to use such highway, and agree with such company upon the compensation and damages to be paid by said company for taking and using such highway for the purposes aforesaid. Such agreement shall be in writing, and shall be filed and recorded. in the town clerk's office of such town. In case such agreement cannot be made, the compensation and damages for taking such highway for such purposes, shall be ascertained in the same manner as the compensation and damages for the taking the property of individuals, such compensation and damages shall be paid to the said commissioners, to be expended by them in improving the highways of such town. Pow road to be laid out. SEC. 13. The said plank road shall be laid out at least three rods wide, the bed or foundation to be graded not less than twenty feet at the base between the ditches, to be so constructed as to make, secure, and maintain a smooth and permanent road, the track of which shall be made of timber, planks, or other hard material, not less than eight feet wide, so that the same shall form a hard and even surface, and the whole to be so constructed as to permit carriages and other vehicles conveniently and easily to pass each other, as also not to obstruct or impede the free use and pas-age of any public road or roads which may intersect or cross the same. erected. Rates of toll. SEC. 14. On the completion of said plank road or any por- When toll tion of the track, not less than three consecutive miles, the gates may be company may erect one or more toll gates upon their road, but not at a less distance than three miles apart, and may demand and receive such tolls as from time to time they may think reasonable, not exceeding one cent and a half per mile for any vehicle drawn by two animals, and for any 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: Prorided, that it shall be the duty of said com Proviso. pany, 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 toll gates, to make a report to the legis Jature, 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. Punishment to road. SEC. 15. If any person shall wilfully and knowingly ob struct, break or injure, or destroy the plank road so to be for injury done 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 offending, shall, each of them, for every such offence, be liable to. a civil suit for the recovery of damages by said company, in any court having competent jurisdiction in the county wherein the offence shall have been committed, and shall also be ty liable for L'ebts. subject to indictment, and upon conviction of such offence, shall be punished by fine and imprisonment, or either, at the discretion of the court. SEC. 16. The property of every individual which may be What proper invested in said corporation, shall be liable to be taken 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 each individual, shall be first paid. Liabilities of ited. SEC. 17. The debts and liabilities of said company shall company lim- not exceed in amount, at any one time, fifty per cent. of its capital actually paid in, and if debts and liabilities shall, at any time, be incurred to a greater amount than by this section is provided for, the directors of said company, who shall not have voted against the creation of such debts and liabili ties, unless absent from the state or so seriously indisposed as to render it impracticable to attend the meeting of direc tors at which said vote shall have been taken, shall be jointly and severally individually liable for such excess, in addition to their other liabilities in law and as provided in this act. 1 SEC. 18. The directors of said company may at any anCompany may increase stock nual or special meeting of the stockholders, with the consent 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 said 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 compa ny shall not be so increased, as to exceed, at any time, four thousand dollars per mile, for each mile of road. Charter may SEC. 19. If said company shall misuse or abuse any of the privileges hereby granted, the legislature may resume be resumed. all and singular the rights and privileges vested in said company by this act, and may establish rules and regulations for the government of said company in relation to said plank road, and the use of the same. SEc. 20. This act may be amended by any future legislature of the territory or state of Wisconsin. TIMOTHY BURNS, Speaker of the House of Representatives. APPROVED, March 6, 1848. President of the Council. HENRY DODGE. AN ACT To dissolve the marriage contract between Daniel Hiler and Sarah Hiler. Be it enacted by the Council and House of Representatives of the Territory of Wisconsin: SECTION 1. That the marriage contract now existing be tween Daniel Hiler and Sarah Hiler be, and the same is hereby dissolved, and the said Daniel Hiler and Sarah Hiler be restored to all the rights and privileges of unmarried per sons. TIMOTHY BURNS, Speaker of the House of Representatives. President of the Council. APPROVED, March 6, 1848. HENRY DODGE. |