Proviso. 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 land so taken or required by said Company, and the damages which the owner or owners therof 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 railroad, and judgment of Court shall be entered accordingly: Provided also, That it shall not be lawful for said Commissioners, or said Court, to proceed to 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 said owner or owners 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 State of Wisconsin, and if Owners to have the said owner or owners shall be 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: Provided also, That upon making and filing 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. notice. Proviso He to Land. SEC. 13. Whenever any judgment shall have been entered, as hereinbefore provided, for the value of any lands, or for any damages for taking and using the same, and the amount specified in such judgment shall have been paid or tendered to Perfection of the 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. SEC. 14. The said railroad shall be so constructed as not to impede or obstruct the free use and passage of any public road or roads, which may cross the same, and in all places where such railroad 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 travelling such public road to pass over or under such railroad without inconvenience: Provided, That in cases where Proviso. said railroad may cross or come in contact with any public org private road so as to occupy any part of such road, it shall be lawful for said. Company to construct said railroad across or upon such road after altering and putting the same in as good condition as before, and for that purpose the said Company shall previous to occupying any part of such road, construct a new road in part or in whole as may be necessary, on ground adja cent to any such road, and in every respect complete such newly constructed road or part of a road so interfered with as it was, previous to the disturbance and occupancy thereof by said Company. SEC. 15. For the convenience of persons owning or possessing lands through which said railroad shall pass, it shall be the duty of said Company when required, to make a good and sufficient passage-way over or under said railroad, whenever 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. Provided, that said company shall in no case be required to make more than one such passage-way for each farm, and when any public road shall cross such railroad, in any farm, the person owning or possessing such farm shall not be entitled to require said company to make any additional causeway. SEC. 16. On the completion of said railroad, or any portion of the track, not less than ten miles, it shall and may be lawful for the company to demand and receive such sums of money Rates of Fare. for passage and freight of persons and property, as they shall from time to time think reasonable. SEC. 17. If any person shall wilfully and knowingly break, injure, or destroy the railroad 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 offense, forfeit and pay a sum not exceeding three times the amount of damages caused by such offense, which may be recovered in the name of the said company, by action Penalty for of debt, in any court having competent jurisdiction in the coun- damages. ty wherein the offense shall be committed, and shall also be subject to indictment, and upon conviction of such offense, shall be punished by fine and imprisonment, or either, at the discretion of the Court.. SEC. 18. The property of every individual 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 provi ded by law: Provided, That all debts due said Company shall Proviso be first paid. SEC. 19. The stockholders holding a majority in value Stook may be of the stock may, at any annual or special meeting, increase the capital stock of this Company to an amount not exceeding six hundred thousand dollars. increased forfeited. SEC. 20. 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 authority of the State of Wisconsin shall be received as evidence thereof. SEC. 21. In case of a violation by the company of any of Rights, when the provisions of this act, the legislature of the State of Wisconsin may resume all and singular, the rights and privileges hereby granted to said company. Company may SEC. 22. At any time within five years from and after the passage of this act, the said company are hereby authorised extend Road. and empowered to extend and continue the railroad authorised to be constructed by this act from the said town of Dodgeville to such point in the town of Mineral Point, in said Iowa county, as may be most eligible, and also to extend said road northward from said town of Dodgeville to such point on the Wisconsin river in said Iowa county as the said company may determine. When other used. SEC. 23. It shall be lawful for said company, their officers, engineers and agents, to enter upon lands adjacent to the rail road beyond the limits of four rods, in the manner provided in the eleventh section of this act, when necessary for the purpose of erecting Depot Buildings, Station Houses and necessary fixtures for the operation for the business of said road, and for the purpose of making drains and giving a proper direction to wa ter courses across or along said road, and to remove all substances and things which might endanger, obstruct, or interfere lande may be with the free use of said road, and to deposite earth and gravel taken from deep cuts, and to obtain earth, gravel and other materials for embankments and structures necessary to the construction and repairs of said road, doing however no unnecessa ry damage; and all damage which shall be done to any lands or property under the provisions of this section, shall be ascer tained and paid for in the manner and agreeable to the provisions contained in the twelfth section of this act. And when such damages shall have been paid or tendered, the title to the land occupied by such building, fixtures, excavations and embankments, shall vest in fee simple in said company, agreeable to the provisions contained in the thirteenth section of this act aforesaid. FREDERICK W. HORN, Speaker of the Assembly. Lt. Governor and President of the Senate. Approved, February 10th, 1851. NELSON DEWEY. An Act to extend the corporate limits of the village of Madison. The People of the State of Wisconsin represented in Senato and Assembly do enact as follows: SECTION 1. That so much of sections twelve, thirteen, fourteen, twenty-three and twenty-four, of town seven, north of range nine east, and section seven, of town seven north, of range ten east, of the fourth principal meridian, in the State of Wisconsin, as is included in the original town plat of Madison, as platted and recorded in the county of Dane, together with blocks numbered from one to seventeen inclusive in the "University addition," shall hereafter be included in and constitute the corporate limits of the village of Madison. FREDERICK W. HORN, Speaker of the Assembly. SAMUEL W. BEALL, Lt. Governor and President of the Senate. Approved, February 10th, 1851. NELSON DEWEY. An Act to authorize the Milwaukee and Janesville Plank Road Company to construct branch roads. The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: Chap. 55. Chap. 56. SECTION 1. It shall and may be lawful for the Milwaukee and Janesville Plank Road Company, and they are hereby authorized and empowered to build under the provision of their charter and the amendments thereto, a branch road running through Waterford and Rochester to Burlington in the county of Racine, and also a branch from the village of East Troy, by the way of Troy in Walworth County, to Elkhorn in the said connty, and also a branch road from Big Bend in the county of Wau) kesha, through Mukuannago to Eagleville in the county of Waukesha aforesaid. FREDERICK W. HORN, Speaker of the Assembly. SAMUEL W. BEALL, Lt. Governor and President of the Senate. Approved, February 10th, 1851. NELSON DEWEY. An Act to vacate a part of the town plat of the village of Dunkirk Falls, in the county Chap. 57. of Dane. The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. All that part of the town plat of the villago of Chap. 58. 1 Dunkirk Falls, which lies in the west half of the south west quarter of section twenty-one, town five, range eleven, Dane county, is hereby vacated. FREDERICK W. HORN,' Speaker of the Assembly. SAMUEL W. BEALL, Lt. Governor and President of the Senate... Approved, February 10th, 1851. NELSON DEWEY. An Act to appropriate to King & Fuller the sum therein named. The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. There is hereby appropriated to King & Fuller thirty dollars out of any money not otherwise appropriated as payment in full for publishing the proclamation of the sale of Milwaukee and Rock River Canal on the twenty-third of June, in the year of our Lord one thousand eight hundred and fifty, also, the proclamation of the postponement of the same on the tenth of August, in the year of our Lord one thousand eight hundred and fifty. FREDERICK W. HORN, Speaker of the Assembly. SAMUEL W. BEALL, Lt. Governor and President of the Senate. Approved, February 10th, 1851. Chap. 59. NELSON DEWEY. An Act to vacate a part of the town plat of the villarge of Rockport in the county of * Rock. The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows: SECTION 1. All that part of the town plat of the village of Rockport, which lies in the town of Rock, is hereby vacated. SEC. 2. This act shall take effect from and after its passage. FREDERICK W. HORN,.. Speaker of the Assembly. SAMUEL W. BEALL, A Lt. Governor and President of the Senate. Approved, February 10th, 1851. NELSON DEWEY. |