CHAPTER 10.

[Published March 17, 1868.]

AN ACT to legalize the proceedings of the county board of supervisors of the county of Grant in laying out a certain road therein.

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

SECTION 1. The action of the board of supervisors Legalized. of the county of Grant in laying out a road through the towns of Lancaster, Liberty and Clifton in the year 1866 is hereby rendered in all respects lawful, notwithstanding any informalities.

SECTION 2. This act shall take effect and be in force from and after its passage. Approved January 24, 1868.

CHAPTER 11.

[Published January 27, 1868.]

AN ACT to prevent the obstruction of the navigation of the Kinnickinick river in the city of Milwaukee.

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

gable.

Building of

SECTION 1. The Kinnickinick river from the place Declared navi of its confluence with the Milwaukee river, to the place where the common highway road or street known as Clinton street, crosses the same, is hereby declared to be a navigable river and public highway of water, and it shall not be lawful for any person or corporation to erect, construct, or maintain any bridge or other ob bridges prohib struction in said Kinnickinick river, which shall interfere with, hinder or prevent the free use and navigation of said river, between the points aforesaid, with any watercraft which is commonly used in any branch of the carrying trade on lake Michigan, and in the harbors thereof, except the same shall be specially authorized by act of the legislature.

ited.

Railway company shall keep

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

City surveyor shall designate place of draw bridge.

Failure to complete draw to be ground for ser

tion.

SECTION 3. It shall be the duty of the city surveyor of the city of Milwaukee, subject to the approval of the common council of said city, immediately after the passage of this act, to designate the place where such draw or opening in said railway shall be made and maintained, and notice in writing of such designation shall be given to the president, superintendent or a director of said company, and within three months after receiving such notice, said company shall construct and complete a good and sufficient draw or opening in said railway at the place so designated, which draw or opening shall be at least fifty feet in width and shall be capable of being so managed as to admit the passage through the same of all boats, vessels and water-crafts navigating, or which may hereafter navigate said Kinnickinick river, without hindrance or unnecessary delay, and such draw or opening shall be attended and so managed by said railway company, its successors and assigns, as to permit all such boats, vessels and water-crafts at all times to pass free of expense and without unnecessary delay or interruption.

SECTION 4. In case such draw or opening in said railway across said river shall not be constructed and Ice of injunc- completed within the time limited therefor in and by section three of this act, the failure so to complete the same shall be sufficient ground for an injunction to restrain said railway company, its successors and assigns, and all persons acting for or under it, or by its authority, from keeping up, maintaining or operating their said railway over and across said Kinnickinick river, until such draw or opening therein shall be made and completed as in this act required; and such injunction shall be granted at the suit of any person owning or having a lease of, or any interest in, any real estate abutting on that part of said Kinnickinick river which is hereby declared navigable, and it shall not be necessary in order to obtain such injunction that the plaintiff

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 stockholders 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, franchises 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 or contract or in exchange for its stock or other property owned by said company, any estate, 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.

property and

SECTION 2. All the property and rights of the cor- Transfer of porations named in the title of this act are hereby rights. transferred to and vested in the corporation hereby

2-P. & L. LAWS

created, and all acts, agreements, contracts and liabil ities of the said "the Rock river paper manufacturing company" "and the "Beloit paper mill company," are hereby made and declared to be binding upon the corporation hereby created, and from and after the acceptance 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 thereafter cease to exist separately.

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

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

Powers of di

SECTION 5. A majority of the board of directors Majority to conshall constitute a quorum for the transaction of busi. stitute quorum. ness 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 hold 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 majority 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