said lands, tenements, and hereditaments, and estimate the injury or damage, if any, in their apprehension, will be sustained as aforesaid, by reason of said rail 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, and it shall be the duty of the appraisers in estimating such damage, to take into consideration the advantages that will accrue to the owner of said lands, from the said rail road: Provided, that either paty may appeal to the court within thirty days after Appeals allowed. such report may have been filed in the clerk's office, and such appeal shall be tried as other issues arising in said 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, 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. court: Road not to obstruct any SEC. 12. The said road shall be so constructed by the said company as not to obstruct or impede the free use and passage of any public road or roads which may cross the highway. same, and in all places where the 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 causeways, to enable all persons passing, or traveling such public road, to cross and pass said rail road. SEC. 13. For the accommodation of all persons owning or possessing lands, through which the said rail road may, or shall pass, it shall be the duty of said company, when required, to make, or cause to be made, a good and sufficient causeway, or causeways, wherever the same may be sary to enable the occupant, or occupants of said lands to cross, or pass over the same, with wagons, carts, and implements of husbandry, as occasion may require: Provided, that the said company shall, in no case be required to make, or cause to be made, more than one such causeway, through such farm, and when any public road shall cross said rail road, neces Causeways when erected Rates of passage and freight. Road to be commenced in five years. Powers reserved to the legislature. Persons ob structing rail ished. the person owning, and possessing land, through which the sail road shall pass, shall not be entitled to make requisition on said company for such causeway. SEC. 14. On the completion of said rail road, or any portion of the track, not less than ten miles, it shall, and may be lawful for the said company, to demand and receive such sum and sums of money, for passage and freight of persons and property, as they shall from time to time think reasonable: Provided, that the company hereby incorporated, shall commence the said rail road within five years, and complete the same within fifteen years, from and after the passage of this act : And provided, that said rail road company may establish such tolls as they may deem proper, but the legislature shall have the right to alter or reduce said tolls, not, however, so that the profits of the company shall be less than twelve per cent. upon the capital stock invested, and the said company shall annually report to the legislature of Wisconsin, the expenditures of said company, the amount of tolls received, and the amount of capital stock invested during the year preceding the date of the sitting of said legislature, which report shall be subscribed and sworn to by the president of said rail road company. SEC. 15. If any person or persons shall wilfully and knowroad how pun. ingly break, injure, or destroy the rail road, or any part thereof, or any work, edifice, or device, or any part thereof, to be erected by the said company, or shall place any obstruction on the track of said rail road, he, she, or they shall forfeit and pay to the said company the actual damages sustained by the said company, to be sued for and recovered, with costs of suit in any court having competent jurisdiction, and shall be subject to indictment, and upon conviction of such offence, shall be punished by fine and imprisonment, at the discretion of the court. Power of com. missioners. SEC. 16. It shall be lawful for the commissioners named in the first section of this act, from and after the passage of the same, to do and perform all the duties enjoined on the president and directors of said company, until others are duly elected, as prescribed in this act, a majority of whom shall be a quorum, and they shall at their first meeting, elect one of their number president, and shall appoint a treasurer, secretary, engineers, and such other officers and agents as they shall deem necessary. SEC. 17. If said company shall misuse or abuse any of the privileges hereby granted, the legislature may resume all Power of the legislature. and singular, the rights and privileges hereby granted to said company, and may establish rules and regulations for the government of said company, in relation to said rail road and the use of the same. WILLIAM SHEW, Speaker of the House of Representatives. APPROVED, January 25, 1847. HENRY DODGE. President of the Council. AN ACT To amend an act entitled "An act to incorpo Be it enacted by the Council and House of Representatives of the Territory of Wisconsin: Relative to SEC. 1. That so much of an act entitled "An act to incorporate Carroll College," approved January 31, 1846, and the election an act entitled "An act to incorporate the trustees of Prai- of trustees. rieville Academy, "approved February 19, 1841, as relates to the election of trustees by stockholders of said incorporation, be and the same is hereby repealed. trustees may SEC. 2. That the present board of trustees of Carroll Col- Twenty-one lege shall have power to elect twelve other trustees additional be elected. to their present number, making their whole number twentyone, one-third of whom shall be a quorum for the transaction of business; and the said trustees shall have power to elect their successors. SEC. 3. That subscribers to the stock of said incorporation, for every twenty shares so subscribed, shall be entitled to the free tuition of one scholar forever in said college. WILLIAM SHEW, Speaker of the House of Representatives. APPROVED, January 25, 1847. HENRY DODGE. President of the Council. May borrow money. For what purpose. AN ACT To authorize the city of Milwaukee to borrow money, and for other purposes. Be it enacted by the Council and House of Representatives of the Territory of Wisconsin: SECTION 1. That the mayor and common council of the city of Milwaukee be and are hereby authorized, for the purposes hereinafter mentioned, to borrow on the faith of said city, any sum or sums of money not exceeding in the aggregate fifteen thousand dollars, for any term or terms not less than ten years, and at such rate or rates of interest not exceeding ten per cent per annum, as to them shall seem expedient. SEC. 2. That the whole of the monies so borrowed shall be appropriated to the purchase of suitable sites, and to the construction of school houses in the city of Milwaukee, and to no other purpose whatever. sinking fund. SEC. 3. It shall be the duty of the mayor and common May create a council of said city, and they are hereby authorized to levy and collect annually on the taxable property within said city, in addition to the taxes already authorized by law, a sum sufficient to pay and discharge the interest on such loan or loans as the same becomes due, and also such further sum as to them shall seem expedient, to constitute a sinking fund for the final liquidation of the principal of the loan or loans so made, as the same become due; and the proceeds of every such tax shall be applied to the payment of the interest and principal of such loan or loans, and to no other purpose whatever. SEC. 4. This act shall take effect when a majority of the Not to take legal voters of said city, voting upon said question, shall vote effect unless. in favor of the same, at any election called by the mayor and |