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Railway company shall keep

SECTION 2. The Chicago and Milwaukee railwa draw in bridge. company, their successors and assigns, are hereby a thorized and empowered to keep and maintain the railway across said Kinnickinick river, where the san is now located: provided a good and sufficient draw opening in said railway shall be made, kept and mai tained as provided and required in the next section this act.

City surveyor shall designate

SECTION 3. It shall be the duty of the city surve place of draw or of the city of Milwaukee, subject to the approval bridge. the common council of said city, immediately after th passage of this act, to designate the place where suc draw or opening in said railway shall be mad and maintained, and notice in writing of such design tion shall be given to the president, superintendent a director of said company, and within three mont after receiving such notice, said company shall co struct and complete a good and sufficient draw d opening in said railway at the place so designate which draw or opening shall be at least fifty feet width and shall be capable of being so managed as admit the passage through the same of all boats, vesse and water-crafts navigating, or which may hereaft navigate said Kinnickinick river, without hindrance unnecessary delay, and such draw or opening shall b attended and so managed by said railway company, i successors and assigns, as to permit all such boat vessels and water-crafts at all times to pass free of e pense and without unnecessary delay or interruption. SECTION 4. In case such draw or opening in sa railway across said river shall not be constructed ar fce of injunc- completed within the time limited therefor in and b section three of this act, the failure so to complete th same shall be sufficient ground for an injunction restrain said railway company, its successors an assigns, and all persons acting for or under it, or by i authority, from keeping up, maintaining or operatin their said railway over and across said Kinnickinic river, until such draw or opening therein shall be mad and completed as in this act required; and such injun tion shall be granted at the suit of any person ownin or having a lease of, or any interest in, any real esta abutting on that part of said Kinnickinick river whic is hereby declared navigable, and it shall not be nece sary in order to obtain such injunction that the plainti

Failure to complete draw to be ground for sertion.

shall show that he has sustained special damage in consequence of the obstruction of said river by said railway, nor shall such plaintiff be required to give any security on the allowance of such injunction.

SECTION 5. This act shall take effect and be in force from and after its passage and publication. Approved January 25, 1868.

CHAPTER 12.

[Published January 29, 1868.]

AN ACT to amend the charter of the Rock river paper manufacturing company, and to consolidate the Rock river paper manufacturing company and the Beloit paper mill company.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1. Sereno T. Merrill, Judd M. Cobb, Corporators. William E. Hale and the other stockholders in the Rock river paper manufacturing company and the stock holders in the Beloit paper mill company, together with such persons as may hereafter be associated with them, are hereby created a body corporate and politic by the name and style of the "Rock river paper com- Name of company," and by that name shall have perpetual succes- pany. sion and shall have and enjoy all the privileges, fran. chises and immunities incident to a corporation. They may make, have and use a common seal, and may alter and renew the same at pleasure. By that name they may sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended, contract and be contracted with, may take and hold by grant, lease other property owned by said company, any estate, or contract or in exchange for its stock or real, personal or mixed, and may grant, bargain, sell, lease, convey, pledge or mortgage the same or any part thereof, and generally do and perform all the acts and things which any corporation may do or perform. SECTION 2. All the property and rights of the cor- Transfer of

transferred to and vested in the corporation hereby

2-P. & L LAWS.

rights.

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created, and all acts, agreements, contracts and liabil ities of the said "the Rock river paper manufacturing company" and the "Beloit paper mill company," ar hereby made and declared to be binding upon the cor poration hereby created, and from and after the accep tance of this act by a vote of a majority of the stockholders of each of said corporations present at any regular or special meeting, and after an organization under this act, the said corporations named in the title of this act shall be merged in the corporation created by this act, and they shall thereupon and thereafte cease to exist separately.

SECTION 3. The stock of said corporation hereby created shall be one hundred and fifty thousand dol lars, and shall be divided into shares of one hundred dollars each; and the same shall be distributed amongst the present stockholders of the corporation named in the title of this act, in such proportions as may be agreed upon by them; and the same shall be take and held by them in the place and stead of the stock s held by them in the said corporations named in the titl of this act. The capital stock of the corporation created by this act may be increased from time to time by a vot of the directors, but the same shall not exceed six hun dred thousand dollars.

SECTION 4. The business of the corporation hereby created, shall be managed and conducted by a bear of directors, to consist of not less than three persons nor more than five, as may be determined by the stock holders at their annual meetings; the board of direc tors, after the first who are hereinafter named, shal hold their offices for one year and until their sucessor are elected; and no person except a stockholder shal be eligible to the office of director. The time for th annual meetings of stockholders shall be fixed by the by-laws, and if from any cause such annual meeting o stockholders shall not be held at the time fixed in th by-laws, it shall be the duty of the secretary to call special meeting of the stockholders by publishing notice of such meeting in some newspaper printed an published in the city of Beloit, once in each wee during the two weeks next preceding such meeting and at such special meeting the stockholders may elec directors and do any other business that might hav been done by them at their annual meeting.

stitute quorum.

Powers of di

SECTION 5. A majority of the board of directors Majority to conshall constitute a quorum for the transaction of business. The board of directors may pass and enact bylaws for the transaction of business, not inconsistent with the provisions of this act, and may alter and amend the same. Said board shall have power to fill rectors. any vacancy that may occur in their number from death, resignation, or any other cause. They shall have power to elect a president, vice-president, secretary and treasurer of the corporation, each of whom shall be a member of the board, and they may elect or appoint such other officers or agents of the corporation as they think proper and necessary, and fix the compensation to be paid to any officer or agent of said corporation; and such officers and agents shall have and exercise such power and authority as may be conferred on them by the board of directors.

directors.

SECTION 6. Sereno T. Merrill, Judd M. Cobb, Wil- First board of liam E. Hale and Lucius G. Fisher shall constitute the first board of directors of said company, and they shall bold their office until the first day of January, 1869,

and until their successors are elected. The first First meeting. meeting of the board shall be held at the office of the Rock river paper manufacturing company in the city of Beloit, within one month after the organization of said company, under the provisions of this act, at such time as may be designated in a call signed by a majority of said board of directors; and thereafter, they may meet on their own adjournment of said first meeting, or any other meeting of said board, which may be thereafter held. Special meetings of said board Special meetmay be called at any time by the president or by a ma ority of the board, upon notice thereof given in the manner provided by the by-laws, and no meeting of said board shall be deemed illegal for want of sufficient notice, or by reason of any informality or irregularity in calling the same, if a majority of said board are present at such meeting, and take part in the business done by the board at such meeting.

ings.

SECTION 7. The said company may carry on the Business of the business of manufacturing paper of any and every de- company. scription or kind, or any goods, wares and merchandize composed in whole or in part of paper, or any other manufacturing business should it be deemed for the best interest of the company to do so, and for that purpose may

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said town is hereby authorized and directed to collect such special tax as is now assessed in the special tax roll, and now in his hands for collection in the same manner that other taxes are collected by law.

SECTION 3. From the time of the delivery of the special tax roll and warrant herein before mentioned, to the treasurer of the said town of Jefferson, the taxes so levied on the real estate described in said special tax roll shall become and be a lien thereon until the same shall be paid and satisfied, together with all costs and charges which may accrue thereon by reason of nonpayment, as provided by law, and in case of the nonpayment or refusal to pay any of the tax assessed in such special tax roll, real or personal, the treasurer of said town shall proceed to collect the same by distress and sale of the goods and chattels of such persons as neglect or refuse, in the same manner and with like proceedings as now provided by law in the collection. of any state, county or town tax, assessed according to law.

SECTION 4. The town treasurer of the town of Jefferson shall on the first day of April, 1868, make a return of the said special tax roll to the supervisors of said town, annexing thereto a statement upon oath, the same as is now required by law in case of any general taxes, of all taxes that shall remain unpaid at that time, giving the names of the persons and a description of the property against which such unpaid tax is charged on said special tax roll; and the supervisors of said town are hereby authorized to place upon the next annual tax roll of said town, any delinquent tax returned to them in accordance with the provisions of this section, charging the several amounts to the proper persons and descriptions of property, as shown by the town treasurer's return in a separate column, upon the aforesaid next annual tax roll; and the same thereafter shall in all things be subject to the same proceedings and return as other taxes in said annual roll: provided, further, that in case the said town treasurer shall neglect or refuse to comply with the requirements of this act and the aforesaid chapter 381, he is hereby made subject to the same penalty and fine as now provided for by law, for neglect of duty in other cases.

SECTION 5. This act shall be in force from and after its passage.

Approved January 24, 1868.

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