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Provizos.

thirty days after said report shall have been filed in the clerk's office, and such appeal shall be tried in the same manner as other issues are tried in said court, and the jury empannelled to try the same shall find the value of the land so taken or required by said company, and the damages which the owner or owners thereof shall have sustained, or may sustain by the taking of the same, over and above the benefits which, will accrue to such owner or owners from the construction of such rail road, and judgment of court shall be entered accordingly: Provided also, that it shall not be lawful for the said commissioners, or said court, to proceed in the assessment of damages, or in the valuation of any lands, as aforesaid, in the absence of the owner or owners thereof; his, her, or their agents or attorney, unless it shall be shown to them by competent testimony, that the said owner or owners have had at least five days' notice of the time and place at which such assessment, or valuation was to be made, or that the said owner or owners are absent from the territory or state of Wisconsin, and if said owner or owners shall be minors, or non compos mentis, or absent from the territory or state, the service of notice may be made on their guradian or trustee, if any there be, or in such manner as the said court may direct: Provided also, that upon the making and filing of any report as aforesaid, and payment, or legal tender of the amount of any valuation or appraisal specified therein to the owner or owners of any such lands, his, her, or their legal representatives, the said company, their agents, or the contractors for making or repairing said rail road, may immediately take and use the. same, without awaiting the issue of any appeal brought thereon.

Sec. 12. Whenever any judgment shall have been entered, as hereinbefore provided, for the value of any lands, or for any damages for the taking and using of the same, and the amount specified in such judgment shall have been paid or tendered to the owner or owners of such lands or materials, his, her, or their legal representatives, the said company shall be entitled to the estate and interest in the same, as fully as

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not to ob

if it had been conveyed in fee simple, and if such valuation
be not secured when tendered, it may at any time thereafter.
be received, or may be collected from said company by action
at law, at the cost and
expense of the person or persons enti-

Proviso.
tled to the same: Provided, that the costs of any proceed-
ings and judgments specified in the last preceding section,
shall be taxed by the court, and paid by the said company,
except in cases where upon appeal the verdict of the jury
shall be for the same, or a l'ess sum than that reported by the
said commissioners.

Sec. 13. The said rail road shall be so constructed as not Rail road to impede or obstruct the free use and passage of any public

struct highroad or roads, which may cross the same, and in all places ways. where said rail road may cross or in any way interfere with any public road, it shall be the duty of said company to make, or cause to be made, a sufficient causeway or passage way, to enable all persons passing or traveling such public road to pass over or 'under "such rail road, without inconvenience, and whenever said rail road shall cross any navigable stream, it shall be constructed with a draw over the channel of such stream, not less than thirty feet wide, so as not to obstruct the use of said stream, and said company shall at all times provide the necessary attendance so as to open said draw for the convenience of persons navigating such stream. Sec. 14. For the convenience of persons owning or pos

Where pas. sessing lands through which said rail road shall pass, it be made by

sage way to shall be the duty of said company, when required, to make company, a good and sufficient passage way, over or under said rail road, wherever the same may be necessary, to enable the occupants of said lands to pass over or under the same with wagons, carts, and implements of husbandry, as occasion may require.

Sec. 15. On the completion of said rail road, or any por- When comtion of the track, not less than ten miles, it shall and may pany may re

. be lawful for the company to demand and receive such sum or sums of money, for passage and freight of persons and

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said company.

property as they shall from time to time think reasonable : Provided, that the legislature of Wisconsin may at any time reduce the price of passage and freight, not however so that the profits shall be less than twelve per cent. on the capital stock invested, and the said company shall annually report to the legislature of Wisconsin the expenses of said company, and the purposes of the same, the amount of tolls received, and the amount of capital stock invested during the year preceding the date of the sitting of the said legislature, which

report shall be subscribed, and sworn to by the president of Penalty for damage done to road.

Sec, 16. If any person shall wilfully and knowingly break, injure, or destroy the rail road so to be constructed by said company, or any part thereof, or any work, building, or machinery 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, forfeit and pay a sum such offence, which may be recovered in the name of the said company, by action of debt, in any court having competent not exceeding three times the amount of damages caused by jurisdiction in the county wherein the offence shall be committed, and shall also be subject to indictment, and upon conviction of such offence, shall be punished by fine and im

prisonment, or either, at the discretion of the court. Stockholders liable for debt Sec. 17. The stockholders of said rail road company

shall be individually liable for all the debts, liabilities, and acts of said company: Provided, that' no stockholder shall

be liable for a greater sum than the capital stock which such Stock when stockholder shall have invested in said company. inoreased.

Sec. 18. The stockholders, holding a majority in value of the stock may at any annual or special meeting, increase

the capital stock of this company to an amount not exceeding Act to be fa.

one million of dollars. vorably con. strued. Sec. 19. This act shall be favorably construed to effect

the purposes thereby intended ; and the same is hereby de

clared to be a public act, and copies thereof printed by auWhen legis. thority of the territory, shall be received as evidence thereof. resume grant. Sec, 20. In case of a violation of any of the provisions of

Jature may

this act, the legislature of the territory, or state of Wisconsin,
may resume all and singular, the rights and privileges here.
by granted to said company.

WILLIAM SHEW,
Speaker of the House of Representatives.

MASON C. DARLING,

President of the Council. APPROVED, February 10, 1847.

HENRY DODGE.

AN ACT

To incorporate the trustees of the Sheboygan

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

Section 1. That there be established in the village of Sheboygan, in the county of Sheboygan; a seminary of learn. Name and

style of coring, by the name and style of the Sheboygan Academy, and poration. that D. C. Vosburg, J. L. Moore, W. R. Garshim, R. P. Harriman, H. C. Hobart, W. W. Kellogg, Amos Adams, J. Rankin, David Taylor, and David Giddings, and their associates and successors in office, be and they are hereby created a body politic and corporate, by the name and style of “The Trustees of the Sheboygan Academy," by which name they and their successors shall forever be known and have perpetual succession, and shall have power to contract and be contracted with, sue and be sued, plead and be impleaded, defend and be defended, in all courts and places, in all actions, suits, complaints, and causes whatever; and they shall have a common seal, and may alter the same at pleasure; and

Goneral they shall have power, under said corporate name, to acquire, powers of corporation purchase, receive, hold, and enjoy, in deed and in law, to

themselves and their successors, property, personal, real and mixed, and the same to sell and convey, rent, or otherwise lawfully dispose of at pleasure, for purposes of education : Provided, that the real estate owned at any time by said cor

poration shall not exceed ten thousand dollars. Amount and

Sec. 2. The stock of said corporation shall consist of nature of stock. shares of ten dollars each, which shall be deemed personal

property, and shall be transferable on the books of said corporation in such manner as shall be directed by the trustees of the same.

Sec. 3. The corporate concerns of said academy shall be

managed by five trustees, a majority of whom shall constiOfficers, bow

tute a quorum for the transaction of business.; they shall be electou.

elected annually on the first Monday of May by the stockholders of said academy, and shall hold their offices for the term of one year, and until their successors are elected. The election of trustees shall be by ballot, and each stockholder shall be entitled to one vote for each and

every

share by him owned to the amount of ten shares, and then to one vole for every five shares over and above that number. Any stockholder may vote in person or by proxy. The said trustees shall elect one of their own number to be president, and shall have power to fill all vacancies in their own body. All elections shall be held at the academy building, when the corporation shall have erected one ; and until then, elections shall be held at such place as shall be designated by a majority of stockholders, notice of the time and place being given in writing by such stockholders, posted up in three public places in Sheboygan, ten days at least before such election. If any election herein provided for shall not take place on the day appointed herein, such election may be held on any other day: Provided, that at least two or more stockholders shall give notice of the time and place of holding such election, in writing, posted in three public places in the town of Sheboygan, at least ten days before the time of hold. ing such election.

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