the benefits which will accrue to such owner or owners from the tle. SBC. 13. 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 Perfection offthe 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: Provi. Provisa ded, 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. 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 traveling such public road, to pass over or under such rail road without inconvenience: Provided, That in Of obstructions by the Company Proviso Fennity. cases where said railroad may cross or come in contact with any public or private road so as to occupy any part of such road, it shall be lawful for said company to construct said rail road 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 adjacent to such road, and in every respect complete such newly constructed road or part of a road so interfered with, in as good condition as the same was previous to the disturbance and occupancy thereof by said company. SEC, 15. For the convenience of persons owning or pos sessing lands through which said railroad shall pass, it shall be the duty of said company whenever required, to make a good and sufficient passage-way over or under said railroad, whenev er 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 of any por tion of the track, not less than five miles, it shall and may 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 reasonable. SEC. 17. If any person shall willfully and knowingly break, injure or destroy the railroad to be so 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 compa ny, 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 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 discre tion 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 be first paid. SEC. 19. 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 of Wisconsin, shall be received as evidence thereof. wilful obstrue SEC. 20. Any person 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 engines or cars may be impeded or thrown off the track, shall be deemed guilty of a misdemeanor, whether such acci-Penalties for dent shall take place or not, and shall be punished for every tions. 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 in case any damage shall result from the placing such obstruction or injury to said road, said party shall be liable to pay all such damage to said company, and to any other person damaged thereby, and in case any accident shall happen in consequence of placing such obstruction, 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. borrow money. SEC. 21. The said rail road company are hereby authorised and fully empowered in their corporate name and capacity to borrow any sum, or sums of money from any person or persons, corporations or body politic of any kind, and for any rate of interest which may be agreed upon by and between said compa ny and any person or party of whom such money may be obtained, and make and execute in their corporate name all necessary writings, notes, bonds or other papers and make and ex- Company may ecute and deliver such securities in amount and kind as may be deemed expedient by said corporation, any law on the subject of usury in this state or any other state where such transactions may be made to the contrary notwithstanding; and the powers of said corporation, for the purposes aforesaid, and for all purposes necessary to carrying out the object of said company, namely: the construction of a railroad from the city of Milwaukee to Fond du Lac, with a branch of said road to Taychedah, are hereby ratified and confirmed, and the contracts and official acts of said company, declared binding in law and equity, upon said corporation and upon all other parties to such contracts. SEC. 22. It shall be lawful for said company to purchase lands adjoining or adjacent to the railroad for the purpose of procuring earth, gravel, or other materials for embankments and structures necessary to the construction or repairs of said road, Powe Lands. and whenever such lands shall be no longer needed for the pur Power to pur terminus. poses aforesaid the said company are hereby authorised to sell and convey the same. SEC. 23. The said company are hereby authorised and empowered to extend, lay out, and continue the railroad at any time within five years from the passage of this act from the village of Fond du Lac in the county of Fond du Lac on the west side of Lake Winnebago and Fox River to Green Bay in the county of Extension of Brown and whenever the said company shall decide to extend said railroad as aforesaid, they may increase the capital stock to two millions of dollars, which shall be subscribed in shares of like amount as the orignal stock and for that purpose may open anew their books or new books for the subscription of such additional stock and may appoint such agents to attend to the same as may be necessary for carrying out fully the provisions of this Guaranties Resumption. act. SEC. 24. The said company shall enjoy all the powers in locating, continuing and constructing said railroad, buildings and fixtures from Fond du Lac to Green Bay, as is provided for upon that portion of the road from Milwaukee to Fond du Lac and all powers, regulations, and restrictions and all authority granted to, and liabilities of said compauy shall not in any manner be abridged, extended, or altered by the increase of capital stock and extension of the road as aforesaid, except such alterations, extension and increase as is duly authorised. of SEC. 25. In case of a violation by the company of any 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. SEC. 26. This act shall be in force from and after its pas sage. FREDERICK W. HORN, Speaker of the Assembly. SAMUEL W. BEALL, Lt. Governor and Prsident of the enate. Approved February 21st, 1851. NELSON DEWEY. Chap. 95. An Act to provide for the time of holding county courts in the county of Marathon. The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: SECTION 1. The term of the county court for the county of Marathon, shall commence on the first Monday in February, May, August and November of each year. SEC. 2. This act shall take effect from and after its passage. Speaker of the Assembly. SAMUEL W. BEALL, Lt. Governor and President of the Senate. Approved, February 21st, 1851. NELSON DEWEY. An Act to provide for the more speedy collection and payment of fines, forfeitures and Chap. 96. penalties remaining in the hands of Justices of the Peace. The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows : Treasurers to SECTION 1. It shall be the duty of the Town Treasurers of each town in this State, on the first Monday in the months of July, October, January and April in each year to visit each Justice of the Peace in his town, and to demand and receive of and from said Justice of the Peace any and all moneys which collect moneys. may or shall have been received by such Justice of the Peace on account of any fines, forfeitures or penalties adjudged and collected by him against and from any individual or persons on account of any complaint or prosecution on the part of this State. SEC. 2. The Town Treasurer shall be authorised to demand of any Justice of the Peace of his town, at any time he shall see fit, an examination of his docket and of all entries made there. in relative to any complaint, suit or prosecution had by the State against any person, and also of all writs, process and papers of every kind issued in such cases; and it shall be the duty Docket may be of such Justice of the Peace, on such demand being made, immediately to present such Treasurer for his examination his docket kept by him, and all process, writs and papers on file in his office pertaining to any suit on the part of the State. SEC. 3. Upon the refusal or neglect of any Justice of the Peace to pay over immediately and promptly to the town Treasurer of his town, on the demand of such Treasurer, any and all moneys which shall have been paid to or collected by him for fines, penalties or forfeitures as aforesaid, the town Treasurer is authorised, and it, shall be his duty, immediately to prosecute in his own name as such Treasurer, the said Justice of the Peace and his sureties, on the instrument in writing or bond given by such Justice of the Peace in pursuance of section eighty-nine of chapter twelve of title four of part first of the Revised Statutes. And such suit may be commenced before any Justice of the Peace of the county, if the amount claimed as unpaid does not exceed the sum of one hundred dollars, and all examined. When Treasurer may sue sureties |