Council to

open streets,

of said village shall have exclusive power by the enactment have power to of ordinances to that effect, to open and repair all streets within the corporate limits of said village, to levy a tax in poll or otherwise, for that purpose, and to exercise exclusive jurisdiction over all streets and highways within their corporate limits, and all the power and authority heretofore exercised by the road commissioners and overseers of highways for the town of Racine, within the limits of said village shall cease and determine from and after the adoption of this amended charter by the voters of said village.

School.com.

heretofore.

SEC. 15. The school commissioners of the town of Racine missioners to shall continue as heretofore, notwithstanding the adoption of this amended charter, to exercise all jurisdiction pertaining to their office, over and within said village: Provided, that such a re-arrangement of the school districts within the corporate limits thereof shall be made as soon after the adop tion of this amended charter as may be, as to coufine all such districts within said village, to the corporate limits thereof, and no territory without such limits shall remain attached, or hereafter be attached to any district within those limits.

Council kavo

power to ap point attor ney.

Sec. 16. The common council shall have power to ap point an attorney for said corporation, and such other officers as they may deem necessary for giving effect to the provis sions of this act, and fix their compensation.

SEC. 17. So much of the first section of the act incorpoAs amended rating the village of Racine, approved February 13, A. D. 1841, as defines the corporate name of said village, shall be, and hereby is so amended as to read "The President and Common Council of the village of Racine."

Duty of trus;

lees.

SEC. 18. It shall be, and is hereby made the duty of the pres ident and trustees of the village of Racine, to provide for submitting these amendments to the charter of said village to the legal voters thereof, on the third Monday in March, A. D. 1848, by opening the polls of election within the court house, in said village, at ten o'clock in the forenoon, and keeping the same open until four o'clock in the afternoon of that day, and by receiving the votes of all persons at present qualified to vote for village officers. On the ballots thus to be voted

shall be written or printed the words "For new Charter," or, "Against new Charter," and if on a majority of all the votes thus given on the third Monday in March aforesaid, the words "For new Charter," shall be written or printed, then this act shall be and remain in full force and effect, from and after said day; but if on a majority of all the votes thus given. on said day there shall be written or printed the words. "Against new Charter," then this act shall be null and of no effect; and said election shall be held by the same officers, and be conducted in all respects in the same manner as elections for municipal officers of said village have heretofore been held, and the votes shall be counted and the result declared the same as at the elections above named. In the event of the adoption of this amended charter by the legal voters of said village, then it shall be the duty of the present board of trustees of said village, to provide for the election of all the officers of the village as provided for in the amended charter, and as directed in the third section of this act. SEC. 19. All acts and parts of acts contravening any of the provisions of this act are hereby repealed.

TIMOTHY BURNS.

Speaker of the House of Representatives.

HORATIO N. WELLS,

President of the Council.

APPROVED March 9, 1848.

HENRY DODGE.

Commission.

To incorporate the Neenah, and Manitouwoc
Plank Road Company.

Be it enacted by the Council and House of Representatives of the Territory of Wisconsin:

SECTION 1. That Harrison Read, George W. Lawe, Charles ers appointed. Doty, Evander M. Soper, and Cornelius Northup, be, and they are hereby appointed commissioners under the direction of a

majority of whom subscriptions may be received to the capital stock of the Neenah and Manitowoc Plank Road Company, Books opened hereby incorporated; and they may cause books to be opened at such times and places as they shall direct, for the purpose of receiving subscriptions to the capital stock of said company, first giving thirty days notice of the times and places of taking such subscriptions, by publishing the same in two or more newspapers printed in Winnebago, Manitouwoc, Brown. or Fond du Lac counties.

Amount of capital stock.

SEC. 2. That the capital stock of said company shall be two hundred thousand dollars, in shares of ten dollars each; and as soon as one thousand shares of the capital stock shall be subscribed, and one dollar of each share actually paid in, the subscribers of such stock, with such other persons as shall associate with them for that purpose, their successors and assigns, shall [be,] and they are hereby declared and created a body corporate and politic, by the name and style of "The Neenah and Manitouwoc Plank Road Company," with perpetual succession; and by that name shall be capable in corporation. law of purchasing, holding, selling, leasing, and conveying estate, either real or personal or mixed; and in their corporate name may sue and be sued, may have a common seal, which they may alter or renew at pleasure, and generally may do all and singular the matters and things which they

Name and style and powers of

are authorized by law to do for the interest and well being of

said company.

1

missioners be

SEC. 3. That the said commissioners, or a majority of Duty of com. them, after the said one thousand shares of stock shall have fore election been subscribed as aforesaid, 'shall give at least twenty days' of directors, notice in the newspapers herein before mentioned, of the time and place of a meeting of the stockholders for the purpose of electing seven directors, who shall elect one of their number' president; and annually thereafter, the said stockholders shall meet on the first Monday in July, for the purpose of electing directors as aforesaid, upon a like previous notice to be given by a majority of the directors for the time being, in such newspapers as they may think proper: Provided, that previous to the first election, the commissioners hereinbefore named shall elect one of their number president, and they shall perform all the duties, and be invested with all the powers of directors: And provided, that if from any cause an election shall not be held at the regular time specified therefor, the same may be held at any other time on notice as aforesaid, that until such election, the directors of the preceding year shall continue to act, and this charter shall not be avoided by reason of the irregularity or want of such election; and in case of any vacancy in the board of directors, the same shall be filled by the other directors or a majority of

them.

Sec. 4. The affairs of said company shall be managed by Bow concerns a board of seven directors, who shall be stockholders and be managed. chosen annually by ballot, by the stockholders of said compa ny, the votes to be given in person or by proxy duly authorized; which directors shall appoint one of their number president; and shall serve until others are elected in their stead, They shall make and establish such bye-laws, rules, orders and regulations, not inconsistent with the constitution and laws of the United States and of the state or territory of Wisconsin, as may be necessary for the well ordering of the affairs of said.company. Each share of stock shall be entitled to one vote, and in all cases of elections for directors,

the seven stockholders having the greatest number of votes shall be declared duly elected.

SEC. 5. Five directors shall be a quorum for the trans action of business, who, in the absence of the president, may appoint a president pro tem; the said directors shall ap point a secretary, treasurer, and such engineers and other officers as they may find necessary; shall fix their compen sation, and may demand adequate security for the per formance of their respective trusts; they shall have full power to decide the time and manner in which said stock. holders shall pay the money due on their respective shares, and shall forfeit to the use of the said company the share of shares of every person or persons failing to pay any instalment, at a reasonable period not less than thirty days after the time appointed for the payment thereof. They shall have power to make such covenants, contracts and agreements with any person or persons or body politic whatsoever, as the execution and management of the works and the convenience and interests of the company may require, and in general to superintend and direct all the operations, receipts, disburse ments, and other proceedings of the company. The commis sioners, until the directors are chosen, shall issue certificates to each stockholder for the number of shares he or she shall subscribe for or hold in said corporation, signed by the presi dent, and countersigned by the secretary, subject to all the payments due and to become due thereon; which stock shall be transferable in person, or by attorney, executors, administrators, guardians or trustees, under such regulations as may be provided by the bye-laws of said company.

SEC. 6. The said company shall have power to locate and construct a single or double track plank road, from such eligible point at the outlet of Lake Winnebago, to [such] eligible [point] in the town or village of Manitowoc, as shall be determined upon by a vote of the stockholders having a majority of the stock of said company, and who shall be represented in person or by proxy at a special meeting called for the purpose of fixing the location or termination of said road; and they shall have power to erect all such tollhouses, bridges, and other works and appendages as may be