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How right of way to be purchased.

Rates of toll.

road along or upon any road or highway now laid out, or enter upon any lands for the purpose of constructing said road: provided, the assent of the town board of supervisors of the towns through which said road shall pass, be first cbtained therefor; and when said route shall be established and determined by said company, it shall be lawful for them, their agents, officers, engineers, contractors and servants, at any time, to enter upon and take possession of and use said land or public highway, not exceeding four rods in width along the line of said road, subject however, to the payment of such compensation as the company may have agreed to pay therefor as will be ascertained in the manner hereinafter directed.

SECTION 6. When the said corporation shall not agree with the owner or owners of any land required for the construction of said road, for the purchase thereof, of the compensation to be paid therefor, or when by reason of the absence or legal incapacity of the owner or owners, no such purchase can be made, then, and in such cases, it shall be lawful for said company to proceed in accordance with the provisions of chapter fifty of the revised statutes, entitled "of the incorporation of plank and turn pike road companies,' to ascertain and settle the amount of damages which may accrue to the owner or owners of real estate through which said road may be located.

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SECTION 7. When two miles of said road shall be constructed, the said company may erect toll gates and collect the toll allowed by this act.

SECTION 8. The said company shall have power to fix and regulate the toll to be charged and paid for passing on said road: provided, the said toll shall not exceed the following rates: for every vehicle drawn by one animal, two cents per mile; for every vehicle drawn by two animals, three cents per mile, and one cent per mile additional for every animal more than two; for every score of neat cattle, three cents per mile; for every score of sheep or swine, one cent per mile; for every horse, rider, or led horse, one cent per mile; and it shall be lawful for any toll gatherer to stop and detain any person going over said road until the toll properPenalty for ly chargeable shall be paid; and any person who shall use said road and refuse to pay said toll, shall forfeit and pay said company, for such refusal, the sum of ten

nonpayment of toll.

dollars, to be collected by said company in an action of debt, before any justice of the peace in the county

of Brown.

SECTION 9. Persons going to or returning from Who exempt. funerals, shall be exempt from toll, and no toll shall be from toll. exacted of any persons while actually going to or returning from church on Sunday. Also persons living near the line of the road shall have the privilege of going to and from their farms, and to haul their produce or other material necessary for the use of their farms, on said road, free of charge: provided, the distance does not exceed three-fourths of a mile.

SECTION 10. If any person shall wilfully or Penalty for injuring roadknowingly obstruct, break, injure or destroy the said how prosecuted road to be constructed by said company, or any part thereof, or any work, building or fixtures 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, be liable to a civil suit for the recovery of damage by said company, by an action of trespass, in any court having competent jurisdiction in the county where the offence shall have been committed, and shall also be subject to indictment, and upon conviction, shall be punished by fine and imprisonment, or either, at the discretion of the court.

breaking down

SECTION 11. Any person who shall wilfully break Penalty for down any gate on such road, which may have been or forcibly passerected in pursuance of this act, or do any damage to ing gates. said road, or forcibly or fraudulently pass any such gate without having paid the legal toll, or to avoid the payment of the legal toll, or shall, with his team, carriage, or animals, turn out of said road or pass any gate therein, or ground adjacent thereto, and again return on said road, shall, for each offence, forfeit a sum not exceeding ten dollars, to and for the use of said company, and also for all damages.

Limitation of

time to com

SECTION 12. If the said corporation should not within three years from the passage of this act, com- mence road. mence the construction of said plank road, and expend one thousand dollars or more thereon, then the rights, privileges, and powers of the said corporation, under this act, shall be null and void.

SECTION 13. This act shall receive a liberal con- Construction struction in all courts of justice, and be considered a

of act.

public act in all proceedings in law or equity, and shal!
be in force from and after its passage.
Approved February 14, 1868.

CHAPTER 54.

[Published March 18, 1868.]

Legalized.

AN ACT to legalize the acts of special school district meeting of school district No. 1 of the town of Barton, Washington county.

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

SECTION 1. That all the acts of a special school district meeting of school district number 1, of the town. of Barton, in the county of Washington, in this state, held on the 12th day of August, 1867, are hereby leglized and declared to be valid, and the said school district is hereby authorized and empowered to raise the the sum of four thousand dollars, in the manner provided for and according to the vote of said meeting, notwithstanding the law may not in all respects have been complied with. And the said school district is hereby authorized by its officers, pursuant to the vote at said meeting, to loan four thousand dollars of said amount, upon the bond or order of said district for such length of time and at such rate of interest as said board may determine.

SECTION 2. This act shall take effect and be in force from and after its passage and publication. Approved February 14, 1868.

CHAPTER 55.

[Published March 18, 1868.]

AN ACT to appropriate the drainage fund in certain towns in Waupaca county, for highway purposos.

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

SECTION 1. All the drainage fund belonging to May set apart the towns of Lebanon, Bear Creek, Larrabee and Mat- drainage fund. teson, in Waupaca county and all of said fund that may be apportioned to said towns for three years from the passage of this act, shall be set apart for and used in improving the road running from the village of New London, through said towns to the village of Shawano. SECTION 2. Lot S. Townsend, William T. Nazro, Names of comA. B. Phillips, F. M. Gurnsey and Frank Webster, are hereby appointed commissioners to take charge of and superintend said work, with the same power and rights. over said road that town supervisors and district overseers have in opening and improving roads in their respective towns and districts.

missioners.

must take oath

SECTION 3. Said commissioners shall before enter- Commissioners ing upon the duties of their appointments, and within and give bond. three months after the passage of this act, take and subscribe a regular and official oath for the discharge of their duties, and shall also execute a bond in the sum of five hundred dollars ($500) to said towns, which oath and bond shall be in the form used by county and town officers; the bond to be approved by the county treasurer of Waupaca county, and with said oaths filed and kept by him in his office.

be drawn.

SECTION 4. Said funds to be drawn from the coun- Where funds to ty treasury, only upon an order signed by at least a majority of said commissioners.

SECTION 5. Said commissioners shall not draw any of said fund from the county treasury until after the work is completed for which the order may be given. SECTION 6. In case of a vacancy in said board of How vacancy to commissioners by death, resignation, removal from said county, or from refusal to act, or from whatever cause the county judge of said county shall fill the

be

Pay of commissioners.

same by appointment, a copy of which appointment shall shall be filed with the official oath and bond in the office of the county treasurer of said county, within ten days after said appointment.

SECTION 7. Said commissioners shall be allowed and paid out of said fund, two dollars per day for the time actually expended in said work, and shall at least once in each year make under oath to the clerk of each of said towns, a statement of the amount expended and to whom paid.

SECTION 8. This act shall take effect and be in force from and after its passage. Approved February 14, 1868.

CHAPTER 56.

[Published March 18, 1868.]

Legalized.

AN ACT to legalize the proceedings of the board of supervisors of the town of Barton, Washington county, changing the boundaries of a certain school district in said town.

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

SECTION 1. The order of the supervisors of the town of Barton, in the county of Washington, made on the 29th day of April, 1867, changing the boundaries of certain school districts therein mentioned, is hereby legalized and declared to be as valid and effectual for all purposes whatever, as the alterations would have been, had the provisions of the statutes in such cases. made and provided been strictly complied with in all respects.

SECTION 2. This act shall take effect and be in force from and after its passage and publication. Approved February 14, 1868.

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