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such point in the village of Southport, and county of Racine, Corporation as may be designated by the commissioners or board of direchow and where to con
tors, and running thence westwardly on the most eligible struct road. route to Beloit, in the county of Rock, with power to build
branches to Burlington, on Fox river, and Elkhors, in the county of Walworth, and the company shall also bave power to make, construct and erect such side-tracks, turn-out and connecting tracks, and also all such gates, toll-houses, and other works and appendages as may be necessary for the convenience of said company in the use of said road, and also to connect said road and operate the same with other plank
roads in the territory or state of Wisconsin. When road
Sec. 9. If said corporation shall not within two years from commenced and finished. the passage of this act commence the construction of said
road, and shall not within five years have constructed, furnished and put in operation, a single or double track of road, extending from Southport westwardly at least as far as For river then and in that case it shall be considered a violationi and non-user of their charter. And all the rights, privileges and powers of said corporation, under this act, shall be resumed by the state of Wisconsin and such disposition made with regard to any portion of said road, which may have been constructed' as the legislature thereof may deem meet and
proper, consistently with law and justice. Corporation Sec. 10. It shall and may be lawful for said company, may take land.
their officers, engineers and agents to enter upon any lands for the purpose of exploring, surveying and locating the route of said road, doing thereto no unnecessary damage, nor locating any such route through any orchard or garden with out the consent of the owner thereof, nor through any buildings, or any fixtures or erections for the purposes of trade o: manufactures, or any yard or enclosures necessary to the use and enjoyment thereof, without permission from the owners; and when the said route shall be determined by the said company, it shall be lawful for them, their officers, agents, engineers, contractors and servanıs, at any time, to enter! upon, take possession of, and use such lands, to the width of four rods; and also to take from any land adjoining said road, gravel, stone or earth, for the purpose of constructing, repair.
ing and maintainirg such road; subject, however, to the payment of such compensation as the company may have. agreed to pay therefor, or as shall be ascertained in the manner hereinafter directed and provided in such cases respec. lively: Provided, that the said corporation shall not in their corporate capacity, hold, purchase or deal in any lands within ibis 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 gates, toll-houses and other fixtures connected therewith.
Sec, 11. Whenever it shall become necessary for the How daniapresident, directors, and company of said road corporation ges to be as.
. to enter in and upon, and occupy, for the purpose of making cupying land
or taking ma. said road, any land upon which the same may be loca-terials for ted, if the owner.or owners of said land shall refuse to permit building road. such entry, or occupation, and the parties cannot agree upon the compensation to be made for any injury thai may be done to such land by such entry and occupation, it shall and may be lawful for the parties to appoint three disinterested persons to estimate such damage, who shall be under oath or affirmation, fairly and impartially to estimate the same, who shall reside within the county where the land lies, and the expenses incurred by the said appraisers, shall be defrayed by the said company, but if the parties cannot agree upon such persons, or if the persons so chosen shall not decide upon the matter, or if the owner of such land shall refuse or neglect to join in such appointment within twenty days after the requisition for that purpose upon him made, or if such owner shall be feme covert, under age, non compos mentis, or out of the territory or state, then it shall be lawful for the judge of the district court of the district in which such land lies, on application of either party, and at the cost and charges of said corporation, to appoint three disinterested persons of the said county, to view and examine said lands, and estimate the injury or damage, if any in their apprehension will be sustained as aforesaid, by reason of the location of said road, and report the same under their oaths or affirmations, to the district court; which report being confirmed by the said
court, judgment shall be entered thereon, and the said viewers shall be entitled for their services to two dollars per day each, to be paid by the said company in all cases where the damages shall be assessed to a greater amount than the sum that may have been tendered by said company for the use of sucho land, or to 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 Provisos.
such land be feme covert, under age, non compos mentis, the costs of such assessment shall be paid by said company, and it shall be the duty of the appraisers in estimating such damages, to take into consideration the advantages that maraccrue to the owner of said lands from the construction of said roads Provided further, that either party may appeal to the court within thirty days after such report may hare 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 court of the county where the land is site uated, the president and directors, agents or contractors for making or repairing the said road, may immediately take and
use the same without waiting the issue of said appeal. How dama.
Sec. 12. Whenever it shall become necessary for said for use of pub. company to use any part of the public highway for the conlic highway. struction of their road, the commissioners of highways of
the town in which such highway may be situated, or a major.
the co pensation and damages to be paid by said company for taking and using such highway for the purpose aforesaid. Such agreement shall be in writing, and shall be filed and recorded in the town clerk's office of such town. In case such agreement cannot be made, the compensation and damages for taking such highway for such purpose, shall be ascertained in the same manner as the coinpensation and damages for ta. king the property of individuals. Such compensation and dam.
ages shall be paid to the said commissioners, to be expended by them in improving the highways of such town. Sec. 13. The said road shall be laid out at least-three How road to rods wide, the bed or foundation to be graded not less be laid out. , than twenty feet at the base between the ditches, to be so constructed as to make, secure, and maintain a smooth and permanent road, the track of which shall be made of timber, planks, or other hard material, not less than eight feet wide, that the same shall form a hard and even surface, and the whole to be so constructed as to permit carriages and other vehicles conveniently and easily to pass each other, as also not to obstruct [or] impede the free use and passage of any public road or roads which may intersect or cross the same. Sec. 14. On the completion of said road or any por. When toll tion of the track, not less than three consecutive miles, the o bo company may erect one or more toll gates upon the road, but not at a less distance than three miles apart, and may demand and receive such tolls as from time to time they may think reasonable, not exceeding two cents per mile for any vehicle 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 vehicle drawn by one animal, one cent per mile. For every horse and rider, or led horse, three-quarters of a cent per mile, and for every Rates of tol. twenty sheep or swine, and for every twenty neat cattle, one cent per mile : Prorided, that it shall be the duty of said company, during the, month of January, in each year, after the completion of such portion of the road as will authorize them to erect one or more toll gates, 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 le-, gislature may require, which report shall be verified by the oath or affirmation of the president or secretary and one or In ore of the directors of said company, Sec. 15. If any person shall wilfully and knowingly Punishment obstruct, break, injure, or destroy the road so to be con...” structed by said company, or any part thereof, or any
ty liable for 'ebts.
Liabilities of company lim ited.
work, building or fixture 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 in a civil suit for the recovery of damages by said company, by an action of debt, in any court having competent jurisdiction in the county wherein the offence shall have been 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. 16. The property of every individual which may be invested in said corporation, shall be liable to be taken in execution for the payment of his or her debts, in such manner as is or may be provided by law : Provided, that all debts due said company srom such individual, shall be first paid.
Sec. 17. The debts and liabilities of said corporation shall not exceed in amount, at any one time, fifty per cent. of its 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 individually liable for such excess, in addition to their other liabilities in law and as provided in this act.
Company o Sec. 18. The directors of said company may at any an
Charter may be resumed.
nual or special meeting of the stockholders, with the consent of a majority [in amount of such stockholders, provide for such increase of the capital stock of said company as may be found necessary to complete said road, in such sections as may have been actually commenced but remain in an unfinished state for want of means, and for the further purpose of extending the road from time to time towards its terminus on Rock river: Provided, that the whole stock of said company shall not be so increased, as to exceed, at any time, four thousand dollars per mile, for each mile of road.
SEc. 19. If said company shall misuse or abuse any of the privileges hereby granted, the legislature may resume all and singular the rights and privileges vested in said company by this act, and may establish rules and regulations for