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sary for governing and promoting the welfare and interest of
said society. Record of or Sec. 4. Said society shall keep a full and complete record dinances, &c. of all ordinances, bye-laws, rules, and regulations made by to be kept.
them, and of the names of all members and officers, and of all their proceedings, which record shall be always free to the inspection of the members, and shall be received in all courts as competent evidence of all facts therein staled.
Sec. 5. This act may be amended, altered, or repealed, at any time, by the legislature of Wisconsin.
President of the Council.
To incorporate the Milwaukee and Waukesha
Rail Road Company.
Be it enacted by the Council and House of Representatives
of the Territory of Wisconsin: Commission. SECTION 1. That William A. Barstow, Norman Clinton, ers of compa. ng to open
Alexander W. Randall, and Alexander F. Picett, of Waukebooks.
sha county, and Paraclete Potter, Daniel Wells, Edward D. Holton, Byron Kilbourn, and Lemuel W. Weeks, of Milwaukee county, be and they are hereby appointed commissioners, under the direction of a majority of whom subscriptions may be received to the capital stock of the Milwaukee and Wanke
sha Rail Road Company, hereby incorporated; and they may cause books to be opened at such times and places as they shall direct, for the purpose of receiving subscriptions to the capital stock of said company, first giving sixty days notice of the times and places of taking such subscriptions, by pub lishing the same weekly in a public newspaper printed in the county of Waukesha, and also in two printed in the county of Milwaukee. Sec. 2. That the capital stock of said company shall be Capital
stock. one hundred thousand dollars, in shares of one hundred dol. lars each; and as soon as one thousand shares of stock shall be subscribed, and five dollars on each share actually paid in, and a statement shall be deposited with the treasurer of the county of Milwaukee, authenticated by the oath of the secretary, and two or more of said commissioners, that such subscriptions and payments have been in good faith made, the subscribers of such stock, with such other persons as shall associate with them for that purpose, their successors and assigns, shall be, and they are hereby declared and created a body corporate and politic, by the name and style of
Milwaukee and Waukesha Rail Road Company;" with Name and perpetual succession ; and by that name shall have all the style of the
corporation. privileges, franchises, and immunities incident to a corporation; they shall be capable in law of purchasing, holding, selling, leasing, and conveying estate, either real, personal, or mixed, so far as the same may be necessary for the purposes hereinafter mentioned, and no further; and in their cor
General porate name may sue and be sued; may have a common seal, which they may alter and renew at pleasure ; and generally may do all and singular the matters and things which to them it shall lawfully appertain to do for the well being of the said corporation.
Sec. 3. That the said commissioners, or a majority of of the electhem, after the said one thousand shares of stock shall have tion of direc. been subscribed, as aforesaid, shall give at least thirty days notice in the newspapers (hereinbefore] mentioned, of the time and place by them appointed for the subscribers or stockholders to meet for the purpose of electing nine directors ; and annually thereafter the said stockholders shall meet on
the first Monday in July, for the purpose of electing directors
deem advisable: Provided, that previous to the first election, Proviso. the commissioners hereinbefore named shall elect one of
their number president, and they shall perform all the duties
director, his place shall be filled by the board of directors. Affairs how
Sec. 4. · The affairs of the said corporation shall be manamanaged. ged by a board of nine directors, who shall be chosen annually,
by ballot, on the days hereinbefore prescribed, by the stock..
territory of Wisconsin, as may be necessary for the well Proviso,
ordering of the affairs of said company: Provided, that none
est number of votes shall be declared duly elected.
transaction of business, who, in the absence of the president,
officers as they may find necessary; shall fix their compensation, and may demand adequate security for the performance
Powers of of their respective trusts. They shall have full power to de- directors. cide the time and manner and proportions in which the said stockholders shall pay the money due on their respective shares, and to forfeit to the use of the company the share or shares of every person or persons failing to pay any instalment so required, at a reasonable period, not less than thirty days after the time by them appointed for the payment thereof; to regulate tolls; to make such covenants, contracts, and agreements, with any person, copartnership, or body politic whatsoever, as the execution and management of the works, and the convenience and interests of the company may require ; and in general to superintend and direct all the operations, receipts, disbursements, and other proceedings of the company: Provided, that no instalment called in at any one time shall exceed twenty dollars per share, and that no instalment shall be called by the directors without giving at least sixty days notice thereof in the newspapers hereinbefore mentioned.
Sec. 6. The directors chosen as aforesaid shall issue a Certificates certificate to each stockholder for the number of shares he or
of stock to
be issued. she shall subscribe for or hold in the said corporation, signed by the president, countersigned by the secretary, and sealed with the common seal; subject, however, to all the payments due and to grow due thereon; which stock shall be transferable in person, or by attorney, executors, administrators, guardians, or trustees, under such regulations as may be provided for by the bye-laws of the company.
Seo. 7. At each annual meeting of the stockholders, for Annual state. the purpose of electing directors, the directors of the preced- made, and ing year shall exhibit to them a complete statement of the special meet.
ings when affairs and proceedings of the company for such year: and held. special meetings of the stockholders may be called by order of the directors, or by stockholders holding one-fourth in amount of the capital stoek, on like notice as that required for annual meetings, specifying moreover the object of the meeting; but no business shall be transacted at such special
meetings unless a majority in value of the stockholders shall
attend in person or by proxy. Powers of Sec. 8. The said company shall have power to locate and corporation in
construct a single or double track rail road, from such eligiconstruction of road. ble point in the city of Milwaukee to such eligible point in the
village of Prairieville, Waukesha county, as shall be determined upon by a vote of the stockholders holding a majority of the stock of said company, and who shall be represented in person or by proxy, at a special meeting called for the purpose of fixing the location or termination of said road; and shall have power to transport, take, and carry property and persons upon the same by the power
and force of steam, of animals, or of any mechanical or other power, or of any combination of them; and they shall also have power to make, construct, and erect all such side-tracks, turn-outs, and connecting tracks, and also all such ware-houses, toll-houses, machine shops, carriages, cars, and other works and appen. dages as may be necessary for the convenience of said company in the use of the said rail road; and also to connect said rail road, and operate the same, with other rail roads and branch rail roads, in the territory or state of Wisconsin.
Sec. 9. If said corporation shall not within three years When road from the passage of this act commence the construction of to be built.
said rail road, and expend twenty thousand dollars or more thereon, and shall not within five years from the passage of this act, construct, finish, and put in operation a single or double track of rail road, from the city of Milwaukee to the village of Prairieville, then the rights, privileges, and powers
of the said corporation, under this act, shall be null and void. Powers of
Sec. 10. It shall and may be lawful for said company, corporation their officers, engineers, and agents, to enter upon any lands in relation to land. for the purpose of exploring, surveying, and locating the
route of said rail road, doing thereto no unnecessary damage; and when the said route shall be determined by the said company, it shall be lawful for them, their agents, officers, engineers, contractors, and servants, at any time, to enter upon, take possession of, and use such lands, not ex. ceeding four rods in width, along the line of said route, sub