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said lands, and estimate the injury or damage, if any in their judginent will be sustained as aforesaid, by reason of the location of said road, and report the same under oath or affirmation, to the district court of said county, which report being confirmed by said district court, judgment shall be entered thereon. The said viewers shall be entitled to two dollars per day each for their services, to be paid by the said company, in all cases where the damages shall be assessed to a greater amount than the sum ihat may have been tendered by said company for the use of said land, or be paid by the owner or owners in all cases where the assessed damages shall not be greater than the sum thus tendered : Provided, that in case the owner of such land shall be under any legal disability, the cost of such assessment shall be paid by said company; and it shall be the duty of the appraisers in esti. mating such damages, to take into consideration the adran. lages that may accrue to the owner of said lands from the construction of said road: Provided further, that either par. ty may appeal to the said court within thirty days after such report may have been filed in the clerk's office, and such appeal shall be tried as other issues arising in said court. And 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, or a deposite of the same for their benefit, with the clerk of the district cours of the county in which the land is situated, the said company may immediately take and use the same without awaiting

the issue of said appeal. Toll gatos

Sec. 9. The said directors may place toll-gates at any may be crect.

place on said road where they may determine: Prorided. that no full toll.gate shall embrace less than ten miles in length of said road; half toll-gates, half that length, or fire miles; and in the proportion as aforessid until such gates shal! take in the whole length of said road. Whenever ten consecutive miles of said road shall be completed, it shall be lawful for the said directors to cause a toll-gate to be erectei, or when five miles shall be constructed, a half toll-gate, discretionary with the said directors, at which gates said company may demand and receive for full toll-gates toll not exceed


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ing two cents per mile for every vehicle, sled, sleigh or car- Rates of toll. riage of any description drawn by two animals; and for any vehicle drawn by more than two animals, one-half cent per mile for every additional animal; for every horse and rider, or for every vehicle drawn by one animal, one cent per for every horse, mule or neat cattle, and half score of sheep or swine, one-half cent per mile. No toll shall be exacted of any person while actually going to or returning from any religious meeting on Sunday, or from any person liable to do military duty while actually going to or returning from any, military parade or review at which their attendance shall be by law required. And the toll.gatherer at any of said gates erected on said road in pursuance of this act, may detain and prevent from passing such gate any vehicle, carriage or animal subject to toll until the toll thereon is paid. Sec. 10. Any person who shall wilfully break or throw

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Penalty for down any gate on said road, which may have been erected injury io toll in pursuance of this act, or shall do any damage to said road, gate, or pass. or forcibly pass any such gates without having paid without pay. the legal toll, or to avoid the payment of the legal tolling to!l. shall with his or her term, vehicle or carriage, or animal, turn out of said road or pass around such gale, for the purpose of avoiding such toll, and return again on said road, shall for each offence forfeit a sum not exceeding ten dollars, to and for the use of said compauy, and also for all damages uf said company, to be recovered by said company in the name of the president and directors of the Winnebago Lake and Fox River Road Company, in an action of trespass, or trespass on the case, according to law.

Sec. 11, The debts and liabilities of said corporation shall Liabilities not exceed in amount at any one time, fifty per cent. of its

limited. capital actually paid in, and if debts and liabilities shall at any time be incurred to a greater amount than by this section is provided for, the directors of said company shall be jointly and severally and individually liable for such excess, in addition to their other liabilities at law and as provided for in this act.

Sec. 12. If said company shall misuse or abuse any of the Charter may privileges hereby granted, the legislature may resunte all be resumed.

and singular the rights and privileges vested in said company by this act, and may establish rules and regulations for the government of said company in relation to said road and the use of the same.

Speaker of the House of Representatires.


President of the Council. APPROVED, March 13, 1848.



In relation to the death of John Quincy Adams.

Whereas the magnaninity of a great and free people is perfectly and beautifully illustrated in the affectionate regard with which the memory of talented and patriotic citizens of whatever political creed is cherished by them; and whereas the legislative assembly of the territory of Wisconsin have heard with sincere regret the decease of John Quincy Adams, whose grateful privilege it is to mourn the loss which the country has sustained: Therefore

Resolved, by the Council and House of Representatives of the Territory of Wisconsin:

That in his death the nation has again been deprived of the life and services of a greal and good man, the purity of whoşe motives in all his actions there is no enemy to impeach, whose great learning and acquirements, literary, po

litical and diplomatic, were second to those of no man of his day and generation.

Resolved, That in his death the country has lost an emi. nent statesman, venerable and eloquent-whose earthly honor it was to be venerated, loved and respected by all his fellow 'men.

Resolved, That while the nation is grieved and afflicted by this dispensation of Providence, it is grateful that the chastening event has been so long delayed.

Resolved, That while we express the sentiments of a country whose public relations with the deceased have been severed, we tender our sympathies to the family and friends who so deeply grieve this severance of private and social relations.

Resolved, That his Excellency the Governor be requested to transmit a copy of the foregoing preamble and resolutions ta the widow of the deceased.

Speaker of the House of Representatives.


President of the Council APPROVED March 13, 1848.



To authorize the trustees of school district No.

2, in Waterloo, in Jefferson county, to renew a tax warrant, and for other purposes.

Be it enacted by the Council and House of Representatires

of the Territory of Wisconsin: District No. 2

Section 1. That the trustees of school district number in Waterloo two, in the town of Waterloo, in Jefferson county, are heremay renew warrant.

by authorized :o renew a tax warrant issued for the collection of one hundred and eighty dollars which was ordered to be raised at a special school meeting of said district, on the 10th day of July last, for the purpose of building a school house, to enable the collector to collect the uncollected portion of said tax.

Sec. 2. That the trustees of the several school districts General pow..

in this territory are hereby authorized to renew tax warrants
issued by them for the collectiou of taxes to build school
houses, from time to time, in the manner now provided by
law: Provided, that the renewals authorized by this act
shall not be in all for a longer term than six months.

Speaker of the House of Representatires.


President of the Council. APPROVED, March 13, 1848.


er to renew warrants.

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