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ject, however, to the payment of such compensation as the company may have agreed to pay therefor, or as shall be ascetained in the manner hereinafter directed and provided in such cases respectively: Provided, that the said corporation shall not, in their corporate capacity, hold, purchase, or deal in any lands within this 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 ware-houses, machine shops, and other fixtures connected therewith.

Sec. 11. When the said corporation cannot agree with the How dama. owner or owners of such required land, for the purchase there-ges for lands of, or for the damages sustained by such owner or owners corporation thereof, or as to the compensation to be paid to the owner or

tained. owners of any land taken for the purpose aforesaid ; or when by reason of the legal incapacity, or absence of any such owner or owners, no such agreement, or purchase can be made, then, and in any such case, it shall be lawful for the judge of the district court of the county in which such lands are situated, on application of either party, and at the cost and charge of such corporation to appoint three disinterested persons residing in said county, whose duty it shall be to view and examine, or survey said lands, with the buildings and improvements, if any thereon, and to estimate the value of the land so taken or required by the said company, and all damages which the owner or owners thereof shall sustain or may have sustained, by reason of the taking of the same for the construction and use of said rail road, or works appertaining thereto, taking into consideration the advantages as well as disadvanges of the same, to the said owner or owners, and the persons so appointed, before entering upon the discharge of such duties, shall take an oath, before some justice of the peace, or other person competent to administer oaths, faithfully, and according to the best of their abilities, to examine the lands so taken or required by said company, and impartially to estimate and appraise the value of the same and the damage or injury which the owner or owners thereof shall have sustained or may sustain by reason of the taking and using thereof by the said

company, over and above all' benefits and advantages which such owner or owners shall derive from the construction of such rail road, whereupon such commissioners shall proceed to examine the premises and estimate the value of such land, and the amount of damages, if any, over and above the benefits and advantages which may accrue to such owners, as aforesaid, and shall make a report of such valuation, in wri. ting, under their hands and seals, to said judge, and shall return the same within thirty days after their appointment, to the clerk of the district court of the county in which they

reside ; and it shall be the duty of the said clerk to file the Returns when same, and in case no appeal shall be made within thirty days made.

after the filing of said report, as hereinafter provided, then the said clerk shall record the same, at the expense of said company, and judgment of the said court shall be entered thereon, on motion of either party, at any term of said court : Provided, 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 empannelle to try the 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 or owners from the construction of such rail road, and judgment of court shall be entered accordingly: Provided also, 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 attorney, 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 the territory or state of Wisconsin, and if the said owner or owners shall be minors, or non compos mentis, or absent from the territory or state, the service of notice may be made on their guradian or trustee, if any there

be, or in such manner as the said court may direct: Provided Proviso. also, that upon the making and filing of any report as afore. said, 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 rail road, may immediately take and use the same, without awaiting the issue of any appeal brought thereon.

Sec. 12. Whenever any judgment shall have been enter- When com. ed, as hereinbefore provided, for the value of any lands, or for pany entitled any 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 liad been conveyed in fee simple, and if such valuation be not secured 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 costs of any proceed- Proviso. ings and judgments specified in the last preceding section, shall be taxed by the court, and paid by the 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. 13. The said rail road shall be so constructed as not Rail road to impede or obstruct the free use and passage of any public

struct highroad or roads, which may cross the same, and in all places ways. 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, er cause to be made, a sufficient causeway or passage way, to 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

not to ob

Where pas.

all times provide the necessary attendance so as to open said draw for the convenience of persons navigating such stream.

Sec. 14. For the convenience of persons owning or pos**go way to be made by

sessing lands through which said rail road shall pass, it Bacapany. shall 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 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 the 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 rail road, in any farm, the person owning or possessing such farm shall not be entitled to require said company to make any additional caus

useway.

Sec. 15. On the completion of said rail road, or any porWhen com

tion of the track, not less than ten miles, it shall and may pany may re. 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. 16. If any person shall wilfully and knowingly break, Penalty for injure, or destroy the rail road so to be constructed by said damage done to road.

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 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 im

prisonment, or either, at the discretion of the court. Property of

Sec. 17. The property of every individual invested in stockholders said corporation shall be liable to be taken in execution for liable for debt

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 shall be first paid.

lature may

resume

Sec. 18. The stockholders, holding à majority in value Stock when

increased. of the stock may at any annual or special meeting, increase the capital stock of this company to an amount not exceeding three hundred thousand dollars.

Sec. 19. This act shall be favorably construed to effect Act to be fa the purposes thereby intended; and the same is hereby de- vorably con clared to be a public act, and copies thereof printed hy authority of the territory, shall be received as evidence thereof.

Sec. 20. \ In case of a violation by the company of any of When legio the provisions of this act, the legislature of the territory, or state of Wisconsin, may resume all and singular, the rights grant. and privileges hereby granted to said company. Sec. 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.
APPROVED, February 11, 1847.

HENRY DODGE.

AN ACT

To incorporate the trustees of the Beaver Dam

Academy

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

Section 1. That there be established in the village of Name and Beaver Dam in the county of Dodge, a seminary of learning, style of cora

poration. by the name and style of the Beaver Dam Academy, and

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