tried by jury.

and judgment of the said court shall be entered thereon, on motion of either party, at any term of said court: Provided, Provine. That either party may appeal to said court within 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 Appeals to be 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 of owners from the construction of such railroad, and judgment of court shall be entered accordingly: Provided also, Proviso. 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 or materials, as aforesaid, in the absence of the owner or owners thereof, his, her, or their agents or attorneys, 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 When notice the State of Wisconsin, and if the said owner or owners shall be may be served minors, or non compos mentis, or absent from the State, the service of notice may be made on their guardian or Trustee, if any there be, or in such manner as the court may direct: Pro-Proviso. vided also, That upon the making and filing of any report, as aforesaid, and payment or legal tender of the amount of any valuation 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 railroad, may immediately take and use the same, without awaiting the issue of any appeal brought thereon.

on Trustees

When tit'e to lands consider

SEC. 12. Whenever any judgment shall have been entered, as hereinbefore provided, for the value of any lands, or for any ed perfect. 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, 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 received 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 entitled to the same: Provided, That the cost of any proceedings and judgments specified in the last preceding section shall be taxed by the court and paid by 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.

23

Provo

right in certain

upon Lands.

Extension of SEC. 13. It shall be lawful for said company, their officers, cases to enter engineers and agents to enter upon lands adjacent to the rail road beyond the limits of four rods in the manner provided in the tenth section of said act when necessary for the purpose of erecting depot buildings, station houses and necessary fixtures for the operation of the business of said road and for the purpose of drains and giving a proper direction to water courses across or along said road, when the same are necessary beyond the said limits of said road, and to remove all substances and things which might endanger, obstruct or interfere with the free use of said road and to deposit earth and gravel and other materials for embankments and structures necessary to the construction and repairs of said road, doing however no unnecessary damage; and all damage which shall be done to any lands or property under the provisions of this section shall be ascertained and paid for in the manner and agreeable to the provisions contained in the eleventh section of this act.

Railroad not to obstruct other roads.

Kates of freight and passage.

Penalties for wilful injury or obstruction.

SEC. 14. The said rail road shall be so constructed, as not to impede or obstruct any public road, and in all cases where said rail road may cross any public road, it shall be the duty of said company to make sufficient passage-way, to enable all persons travelling on such public road to cross the same without inconvenience, and it shall be lawful for said company to construct said rail road across any public or private road, after altering and putting the same in as good condition as before.

SEC. 15. On the completion of said rail road, or of any portion of the track, not less than five miles, it shall and may be lawful for the company to demand and receive such sums of money for passage and freight of persons or property, as they shall from time to time think reasonable.

SEC. 16. If any person shall wilfully or maliciously injure or destroy the said 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 not exceeding three times the amount of damages caused by such offence, which may be recovered in the name of the said company, by an action of debt, in any court having competent jurisdiction, and shall also be subject to indictment, and upon conviction of such of fence, shall be punished by fine and imprisonment, or either,at the discretion of the court; and any person or persons who' shall wilfully and maliciously place any obstruction or thing upon the track of said road or shall remove or damage any part thereof, in such a manner that the cars may be impeded or thrown off the track, shall be deemed guilty of a misdemeanor,

whether such accident shall actually take place or not, and shall be punished for every such offence, by imprisonment in the state prison for a term of not less than one, nor more than five years, at the discretion of the court; and be liable to said company for all damages, and to any person or persons who may be damaged thereby, and in case any accident shall happen in consequence of placing such obstrnction, or in consequence of breaking or injuring said road whereby death may be produced, the party so offending shall be adjudged guilty of murder in the first degree, and shall be punished agreeable to the law in such cases made and provided.

ed.

Capital Stock

SEC. 17. The stockholders holding a majority in value of may be increasthe stock may at any annual or special meeting increase the capital stock of this company to an amount not exceeding six hundred thousand dollars.

Company may extend road and

steck.

SEC. 18. The said company are hereby authorised to lay increase capital out, extend and continue the rail road authorised to be constructed by this act. from Swan Lake to some point at or near Fort Winnebago or Portage City, and whenever said company shall decide to extend said rail road as aforesaid, they may increase their capital stock to eight hundred thousand dollars, which shall be subscribed in shares of like amount as the original stock of said company, and for that purpose may re-open their books of subscription, or open new books, for the subscription of such additional stock, and may appoint such agent to attend to the same as may be deemed necessary for carrying out fully the provisions of this act.

Privileges, liabilities, &c, un

sion the same as

SEC. 19. The said company shall have the same powers in der the extenlocating, constructing and continuing such extension as this act under original gives for locating any part of the road, and the liabilities of road. said company, and all the powers, regulations and restrictions,

and authority, shall not in any manner be abridged, extended

or altered by the increase of capital stock, or extension of road as aforesaid, except as to such alterations, extension and increase, as is authorised by the provisions of this and the last preceding section.

SEC. 20. This act shall be favorably construed to effect the purpose thereby intended; and the same is hereby declared to be a public act, and copies thereof printed by authority of the State, shall be received as evidence thereof.

SEC. 21. In case of a violation by the company of any of the provisions of this sct, the legislature of the State of Wisconsin, may resume all and singular, the rights and privileges hereby granted to said company.

Rule of evidence

Reservation.

Chap. 176

Commissioners appointed to re

tions.

SEC. 22. This act shall be in force from and after its pas

An Act to incorporate the Milwaukee and Watertown Railroad Company.]

The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows:

SECTION 1. Edward D. Holton, Alexander Mitchell, Eliceive subscrip- phalet Cramer, James Kneeland, Daniel Wells, Jr., Hans Crocker, John H. Tweedy, George H. Walker, Byron Kilbourn, Daniel H. Chandler, John W. Medbury, William M. Dennis, Daniel Jones, Benjamin F. Fay, Luther A. Cole, Simeon Ford, Peter Rogan, Peter V. Brown and Edward Gilman be, and they are hereby appointed commisioners, under the direction of a majority of whom subscriptions may be received to the capital stock of the Milwaukee and Watertown raliroad company, hereby incorporated, and they may cause books to be opened at such times and places as they may direct, for the purpose of receiving subrcriptions 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 weekly in a newspaper printed in the county of Milwaukee, and also in one printed in the county of Jefferson.

Conditional Corporate Pow

era.

SEC. 2. The capital stock of said company shall be five hundred thousand dollars in shares of one hundred dollars each, and as soon as five hundred shares of stock shall be subscribed, and five dollars on 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 "Milwaukee and Watertown railroad company," with perpetual succession, and by that name shall have all the privileges, franchises and immunities incident to a corporation; they shall be capable in law of purchasing, holding, selling, leasing and conveying estate, either real, personal or mixed, as far as the same may be necessary for the purposes hereinafter mentioned, and no further; and in their corporate name may sue and be sued, may have common seal, which they may alter and renew at pleasure, and generally may do all and singular the matters and things which to

them it shall lawfully appertain to do, for the well being of the

said corporation.

SEC. 3. The said commissioners, or a majority of them, after Commissioners the said five hundred shares of stock shall have been subscribed to give notice of meeting to elect as aforesaid, shall give at least thirty days' notice in the news. Directors. papers hereinbefore mentioned, of the time and place by them appointed for the subscribers or stockholders to meet, for the purpose of electing thirteen directors, and annually thereafter the said stockholders shall meet on the second Thursday in January, for the purpose of electing directors as aforesaid, upon a like previous notice to be given as aforesaid: Provided, that Proviso. 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 Proviso. 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 that this charter shall not be avoided by reason of the irregularity or want of such election: And provi- Provise. ded, also, that in case of vacancy from the death or resignation of any director his place may be filled by the board of directors. SEC. 4. The affairs of the said corporation shall be managed by a board of thirteen directors, who shall be chosen an- dent. nually by ballot, on the days hereinbefore prescribed, by the stockholders of the said company, the votes to be delivered in person or by proxy duly authorised, which directors shall ap point one of their own number to be President, and shall respectively serve for one year, or until other directors be elected; they shall have power to make and establish such by-laws, rules, orders and regulations, not inconsistent with the constitution and laws of the United States or of the State of Wisconsin, as may be necessary for the well ordering of the affairs of said company.

SEC. 5. None but stockholders shall be elected directors, and at every election, and in all other cases upon which stockholders shall be called upon to vote, each share of stock shall be entitled to one vote, and in all cases of elections for directors, the thirteen stockholders having the greatest number of votes shall be declared duly elected.

SEC. 6. The said directors shall meet at such times and places, and be convened in such manner as they may hereafter decide upon. A majority of the directors shall be a quorum for the transaction of business, who in the absence of the President shall appoint a President, pro tem; the said directors shall appoint a Secretary, Treasurer and such Engineers and other officers as they may find necessary; they shall have full

Directors to appoint a Presi

Stook to vote.

General and specific powers.