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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 commis- Pro viso. sioners, 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, ưnless 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 guardian or trustees, if any there be, or in such manner as the said court may direct : Provided 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, or materials, 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- Title of land

when to vest ed, as hereinbefore provided, for the value of any lands


in company materials, 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 the owner or owners of such lands or materials, 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 judgment 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

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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 not to impede or obstruct the free use and passage of any public highways.

road or roads which may cross the same, and in all places
where said rail road may

ss, 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 Cause ways 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 all times
provide the necessary attendance so as to open said draw for

the convenience of persons navigating such stream. Passage way

Sec. 14. For the convenience of persons owning or posover rail road sessing lands through which said rail road shall pass, it 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 enble the occupants of the said
lands, to pass over or under the same with wagons, carts, and

implements of husbandry, as occasion may require: ProviProviso,

ded, that the said company shall in no case be required to
make more than one 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 causeway.

Sec. 15. On the completion of said rail road or any porRates of pas, tion of the track, not less than ten miles, it shall and may freight, 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 rea-

sonable: Provided, that the legislature of Wisconsin may, Proviso,

at any time after the completion of the road make such reason-
able rules and regulations in regard to tolls as it may be deem-

but shall in no case reduce the tolls so as to bring
the nett income of the company below twelve per cent, on the



sage and

capital actually invested, and it shall be the duty of said company, during the month of January, in each year, after the completion of any part of the road, 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 legislature may require, which report shall be verified by the oath of the president or secretary, and one of the directors of:

said company.

Sec. 16. If any person shall wilfully and knowingly ob- Penalty for struct, break, injure, or destroy the rail road, so to be con-injury to rail

road. structed 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 oflence, 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 discretion of the court. Sec. 17. The property of every individual, invested in

Property in said corporation, shall be liable to be taken in execution for corporation the

liable to exe. payment of his or her debts, in such manner as is, or cution. may be provided by law: P'rovided, that all debts due said company shall be first paid.

Sec. 18. The stockholders holding a majority in value of the stock, may at any annual or special meeting increase the Capital stock

how increased capital stock of this company to an amount not exceeding two millions of dollars. Sec. 19. This act shall be favorably construed to effect the

Act how conpurposes thereby intended, and the same is hereby declared strued. to be a public act, and copies thereof printed by authority of the territory, shall be received as evidence thereof.

Sec. 20. In case of a violation, by the company, of any of When legislathe provisions of this act, the legislature of the territory or the grant.

ture may take

state of Wisconsin may resume all and singular, the rights; and privileges hereby granted to said company.

Sec. 21. This act shall be in force from and after its passage.

Speaker of the House of Representatives.

President of the Council.
APPROVED, February 4, 1847.



To provide for the payment of Leander Judson

for making territorial maps. Be it enacted by the Council and House of Representatives of the Territory of Wisconsin :

Section 1. There shall be paid out of the moneys in the territorial treasury, to Leander Judson, the sum of nine hundred and seventy-eight dollars, it being in full payment for the balance due him for furnishing territorial maps.

Speaker of the House of Representatives.

President of the Council.
APPROVED, February 5, 1847.


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To divorce John Martin from the bonds of mat

rimony with his wife Dorcas B. Martin.

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

Section 1. That the marriage contract between John Mare tin, and his wife Dorcas B. Martin, is hereby dissolved, and the parties to the said contract, are, by virtue of this act, restored to all the rights and privileges of unmarried persons.

Speaker of the House of Representatives.

President of the Council. APPROVED, February 5, 1847.



To change the name of Harriet Wells to that of


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

SECTION 1. That the name of Harriet Wells, of Spring Prairie, Walworth county, be and the same is hereby changed

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