When road to be built.

Powers of

in relation to

land.

SEC. 9. If said corporation shall not within five years from the passage of this act commence the construction of said rail road, and shall not within fifteen years from the passage of this act, construct, finish, and put in operation a single or double track of rail road, from such eligible point in Fond du Lac county to Beaver Dam, then the rights, priv ileges, and powers of the said corporation, under this act, shall be null and void.

SEC. 10. It shall and may be lawful for the said company, corporation their officers, engineers, and agents, to enter upon any lands for the purpose of exploring, surveying, and locating the route of said rail road, doing thereto no unnecessary damage; and when the said route shall be determined by the said company, it shall be lawful for them, their agents. officers, engineers, contractors, and servants, at any time, to enter upon, take possession of, and use such lands, subject, however, to the payment of such compensation as the company may have agreed to pay therefor, or shall be ascertained in the manner hereinafter provided in such cases; said road shall not be over four rods wide, except in such places as may be necessary for the company to obtain gravel and stone for the construction of said road, in which places the company may construct said road not to exceed six rods in width, provided said company shall have the privilege of cutting down such trees on each side of said road as may endanger said road by falling or otherwise: Provided, said corporation shall not, in their corporate capacity, hold, purchase, or deal in any lands within this territory other than the land on which said road shall run, or which may be actually necessary for the construction or maintenance thereof, and of the ware-houses, machine shops, and other fixtures connected therewith.

How dama.

to be ascer tained.

SEC. 11. When said corporation cannot agree with the ownges for lands required by er or owners of such required land, for the purchase thereof, or corporation for the damages sustained by such owner or owners thereof, or as to the compensation to be paid to the owner or owners of any land; or when by reason of the legal incapacity, or absence of any such owner or owners no such agreement, or purchase can be made, then, and in any such case, it shall be lawful for the judge of the district court of the county in which

such land or materials are situated, on application of either
party, and at the cost and charge of such corporation to ap-
point three disinterested persons residing in said county,
whose duty it shall be to view and examine, or survey said
lands, with the buildings and improvements, if any thereon,
and to estimate the value of the land so taken or required by
the said company, and all damages which the owner or own-
ers thereof shall sustain or may have sustained, by reason of
the taking of the same for the construction and use of said
rail road, or works appertaining thereto, taking into consider-
ation the advantages as well as disadvanges of the same, to the
said owner or owners, and the persons so appointed, before
entering upon the discharge of such duties, shall take an oath,
before some Justice of the peace, or other person competent
to administer oaths, faithfully, and according to the best of
their abilities, to examine the lands so taken or required by
said company, and impartially to estimate and appraise the
value of the same and the damage, or injury which the own-
er or owners thereof shall have sustained or may sustain by
reason of the taking and using thereof by the said company,
over and above all benefits and advantages which such owner
or owners shall derive from the construction of such rail road,
whereupon such commissioners shall proceed to examine the
premises and estimate the value of such land or materials,
and the amount of damages, if any, over and above the bene
fits and advantages which may accrue to such owners, as
aforesaid, and shall make a report of such valuation, in wri
ting, under their hands and seals, to said judge, and shall
return the same within thirty days after their appointment,
to the clerk of the district court of the county in which they
reside; and it shall be the duty of the said clerk to file the
same, and in case no appeal shall be made within thirty days made.
after the filing of said report, as hereinafter provided, then
the said clerk shall record the same, at the expense of said
company, and judgment of the said court shall be entered
thereon, on motion of either party, at any term of said court:
Provided, that either party may appeal to said court within

Returns when

Frovisos.

When company entitled

to lands or materials.

thirty days after said report shall have been filed in the clerk's office, and such appeal shall be tried in the same manner as other issues are tried in said court, and the jury empannelled to try the same shall find the value of the land so taken or required by said company, and the damages which the owner or owners thereof shall have sustained, or may sustain by the taking of the same, over and above the benefits which will accrue to such owner or owners from the construction of such rail road, and judgment of court shall be entered accordingly: Provided also, that it shall not be lawful for the said commissioners, or said court, to proceed in the assessment of damages, or in the valuation of any lands, as aforesaid, in the absence of the owner or owners thereof, his, her, or their agents or attorney, unless it shall be shown to them by competent testimony, that the said owner or owners have had at least five days' notice of the time and place at which such assessment, or valuation was to be made, or that the said owner or owners are absent from the territory or state of Wisconsin, and if said owner or owners shall be minors, or non compos mentis, or absent from the territory or state, the service of notice may be made on their guradian or trustee, if any there be, or in such manner as the said court may direct: Provided also, that upon the making and filing of any report as aforesaid, and payment, or legal tender of the amount of any valu ation or appraisal specified therein to the owner or owners of any such lands, his, her, or their legal representatives, the said company, their agents, or the contractors for making or repairing said rail road, may immediately take and use the same, without awaiting the issue of any appeal brought thereon.

SEC. 12. Whenever any judgment shall have been entered, as hereinbefore provided, for the value of any lands, or for any damages for the taking and using of the same, and the amount specified in such judgment shall have been paid or tendered to the owner or owners of such lands or materials, his, her, or their legal representatives, the said company shall be entitled to the estate and interest in the same, as fully as

if it had been conveyed in fee simple, and if such valuation be not secured when tendered, it may at any time thereafter be received, or may be collected from said company by action at law, at the cost and expense of the person or persons enti tled to the same: Provided, that the costs of any proceedings and judgments specified in the last preceding section, shall be taxed by the court, and paid by the said company, except in cases where upon appeal the verdict of the jury shall be for the same, or a less sum than that reported by the said commissioners.

Proviso.

SEC. 13. The said rail road shall be so constructed as not Rail road not to ob to impede or obstruct the free use and passage of any public struct highroad or roads, which may cross the same, and in all places ways. where said rail road may cross or in any way interfere with any public road, it shall be the duty of said company to make, or cause to be made, a sufficient causeway or passage way, to enable all persons passing or traveling such public road to pass over or under such rail road, without inconvenience, and whenever said rail road shall cross. any navigable stream, it shall be constructed with a draw over the channel of such stream, not less than thirty feet wide, so as not to obstruct the use of said stream, and said company shall at all times provide the necessary attendance so as to open said draw for the convenience of persons navigating such

stream.

it

sage way to

SEC. 14. For the convenience of persons owning or pos- Where passessing lands through which said rail road shall pass, be made by shall be the duty of said company, when required, to make company. a good and sufficient passage way, over or under said rail road, wherever the same may be necessary, to enable the occupants of said lands to pass over or under the same with wagons, carts, and implements of husbandry, as occasion may require.

SEC. 15. On the completion of said rail road, or any por- When com. tion of the track, not less than ten miles, it shall and may pany may receive toli. be lawful for the company to demand and receive such sum or sums of money, for passage and freight of persons and

Penalty for damage done to road.

Stockholders liable for debt

property as they shall from time to time think reasonable : Provided, that the legislature of Wisconsin may at any time reduce the price of passage and freight, not however so that the profits shall be less than twelve per cent. on the capital stock invested, and the said company shall annually report to the legislature of Wisconsin the expenses of said company, and the purposes of the same, the amount of tolls received, and the amount of capital stock invested during the year preceding the date of the sitting of the said legislature, which report shall be subscribed, and sworn to by the president of said company.

SEC. 16. If any person shall wilfully and knowingly break, injure, or destroy the rail road so to be constructed by said company, or any part thereof, or any work, building, or machinery 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, forfeit and pay a sum such offence, which may be recovered in the name of the said company, by action of debt, in any court having competent not exceeding three times the amount of damages caused by jurisdiction in the county wherein the offence shall be committed, and shall also be subject to indictment, and upon conviction of such offence, shall be punished by fine and imprisonment, or either, at the discretion of the court.

SEC. 17. The stockholders of said rail road company shall be individually liable for all the debts, liabilities, and acts of said company: Provided, that no stockholder shall be liable for a greater sum than the capital stock which such Stock when stockholder shall have invested in said company.

increased.

Act to be favorably construed.

SEC. 18. The stockholders, holding a majority in value of the stock may at any annual or special meeting, increase the capital stock of this company to an amount not exceeding one million of dollars.

SEC. 19. This act shall be favorably construed to effect the purposes thereby intended; and the same is hereby declared to be a public act, and copies thereof printed by auWhen legis thority of the territory, shall be received as evidence thereof. SEC. 20. In case of a violation of any of the provisions of

lature may

resume grant.