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verdict of the jury shall be for the same, or a less sum than that reported by the said commissioners.

Sec. 13. The said rail road shall be so constructed as not Rail road not to impede or obstruct the free use and passage of any publie to obstruct highways.

road or roads which may cross the same, and in all places 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 Causeway's 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. Passage way

Sec. 14. For the convenience of persons owning or posover rail road sessing lands through which said rail road shall pass, it shall wlien to be built. be the duty of said company, when required, to make a good

and sufficient passage way over or under said rail road wherever the same may be necessary to enble the occupants of the said lands, to pass over or under the same with wagons, carts, and

implements of husbandry, as occasion may require: ProriProviso.

ded, that the said company shall in no case be required to make more than one passage way for each farm, and when any public road shall cross such rail road in any farm, the person owning or possessing such farm shall not be entitled to require said company to make any additional causeway.

Sec. 15. On the completion of said rail road or any porRates of pas. tion of the track, not less than ten miles, it shall and may freight. be lawful for the company to demand and receive such sum

or sums of money, for passage and freight of persons and property as they shall, from time to time think rea

sonable: Provided, that the legislature of Wisconsin may, Proviso.

at any time after the completion of the road make such reasonable rules and regulations in regard to tolls as it may be deemed proper, but shall in no case reduce the tolls so as to bring the nett income of the company below twelve per cent, on the

sage and

capital actually invested, and it shall be the duty of said company, during the month of January, in each year, after the com. pletion of any part of the road, to make a report to the legislature, setting forth particularly the amount of capital invested, the length of road in operation, the expenses paid, and tolls collected during the preceding year, and generally such information in regard to the affairs of the company as the legislature may require, which report shall be verified by the oath of the president or secretary, and one of the directors of said company

Sec. 16. If any person shall wilfully and knowingly ob- Penalty for struct, break, injure, or destroy the rail road, so to be con- injury to sail

road. structed 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, shail each of them, for every such offence, forfeit and pay a sum not exceeding three times the amount of damages caused by such offence, which may be recovered in the name of the said company, by action of debt, in any court having competent 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 property of every individual, invested in

Property in said corporation, shall be liable to be taken in execution for corporation

liable to exethe payment of his or her debts, in such manner as is, or

cution. may be provided by law: I'rovided, that all debts due said company shall be first paid.

Sec. 13. The stockholders holding a majority in value of the stock, may at any annual or special meeting increase the Capital stock

how increased capital stock of this company to an amount not exceeding two millions of dollars. Sec. 19. This act shall be favorably construed to espect the

Act bow con. purposes thereby intended, and the same is hereby declared strued. to be a public act, and copies thereof printed by authority of the territory, shall be received as evidence thereof.

Sec. 20. In case of a violation, by the company, of any of When legisla. the provisions of this act, the legislature of the territory or the grant.

ture may take

state of Wisconsin may resume all and singular, the rights, and privileges hereby granted to said company. SRC. 21. This act shall be in force from and after its passage. WILLIAM SHEW, Speaker of the House of Representatives. MASON C. DARLING, President of the Council. Approven, February 4, 1847. HENRY DODGE.


To provide for the payment of Leander Judson for making territorial maps.

Be it enacted by the Council and House of Representatives of the Territory of Wisconsin: SECTION 1. There shall be paid out of the moneys in the territorial treasury, to Leander Judson, the sum of nine hundred and seventy-eight dollars, it being in full payment for the balance due him for furnishing territorial maps. WILLIAM SHEW, Speaker of the House of Representatires. MASON C. DARLING, - President of the Council. Approved, February 5, 1847. HENRY DODGE.


To divorce John Martin from the bonds of mat

rimony with his wife Dorcas B. Martin.

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

Section 1. That the marriage contract between John Martin, and his wife Dorcas B. Martin, is hereby dissolved, and the parties to the said contract, are, by virtue of this act, restored to all the rights and privileges of unmarried persons.

Speaker of the House of Representatires.

President of the Council. APPROVED, February 5, 1947.



To change the name of Harriet Wells to that of

Harriet Arms.

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

Section 1. That the name of Harriet Wells, of Spring Prairie, Walworth county, be and the same is hereby changed

Mortgages to be cancelled.

Patonts to be issued.

to Harriet Arms, by which name she shall and may be here.
after known in all courts and places.
Speaker of the House of Representatives.

President of the Council.

Approved February 5, 1847.


To amend the act entitled “An act to authorize a further sale of the canal lands, and for other purposes.

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

SECTION 1. That the register and receiver shall cancel and release all mortgages in their hands, executed to the ter. ritory of Wisconsin, by any purchaser, in pursuance of the act hereby amended ; and no mortgage shall be required to be given by any purchaser under said act, either upon lands heretofore sold, or upon those which may hereafter be sold. The register and receiver shall deliver all patents issued on sales heretofore made, to the persons entitled thereto, on the surrender of the original certificate of sale; and all mortgages in the hands of the register and receiver, executed to the territory under acts passed prior to the year 1845, shall be cancelled and released on the payment of one dollar and twenty-five cents per acre upon the lands embraced in said mortgages, including payments hefetofore made thereon.

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