Railroad Laws.

bridges now or hereafter constructed across the Fox or Wisconsin rivers shall be constructed or modified, and such reasonable alterations therein made from time to time, as may be required, and according to plans approved by the secretary of war of the United States, or such engineer as he shall designate, by any railroad corporation owning or using the same.

ROLLING STOCK AND FUEL TO BE FIXTURES.

SECTION 1838. All rolling stock of any railroad corporation used and employed in connection with its railroad, and all fuel necessary to the operation of the same, are declared, and shall be held to be fixtures; and all such property and all additional rights of way, depot grounds, and other real property, acquired subsequently to the execution of any trust deed or mort gage, which shall have been described or provided for therein, shall be subject to the lien thereof to the same extent as the property therein described which the corporation owned at the time of its execution.

CONVEYANCES OF, HOW EXECUTED AND RECORDED.

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SECTION 1839. Every conveyance or lease, deed of trust, mortgage or satisfaction thereof, made by any railroad corporation, of any franchises, real estate, fixtures or other real property, in pursuance of law, shall be executed and acknowledged in the manner in which conveyances of real estate by corporations are required to be by these statutes, to entitle the same to be recorded, and shall be recorded in the office of the secretary of state, who shall endorse thereon his certificate thereof, specifying the day, hour and minute of its receptiou, and the volume and page where recorded, which shall be evidence of such facts. Every such record of any such instrument shall from the time of reception have the same effect as to any property in this state described therein as the record of any similar instrument in the office of a register of deeds may have by law, as to property in his county, and shall be notice of the rights and interest of the grantee, lessee or mortgagee, by such instrument, to the same extent as if it were recorded in each and all of the several counties in which any property described therein may be situated.

SINKING FUND, HOW PROVIDED FOR.

SECTION 1840. The board of directors of any railroad corporation may, annually or oftener, as deemed expedient, set apart and appropriate a sum of money not exceeding fifty per cent. of its net earnings, as resources for any one year, after paying the current expenses of their road, and the interest on its outstanding indebtedness, in order to sink, redeem, pay off, cancel or discharge the indebtedness of such corporation; and the said sums so set apart shall be annually applied to the payment and discharge of such debts of such corporation as shall be due, and te the purchase and redemption of the out

Railroad Laws.

standing evidences of indebtedness of such corporation, as the board of directors thereof shall deem most for the interest of such corporation, and for no other purpose.

NOT TO MAKE DEFENSE OF USURY.

SECTION 1841. No railroad corporation shall be allowed to make the defense of usury against the holder of any bond or other obligation for the payment of money issued by such corporation.

MAY CLASSIFY DIRECTORS.

SECTION 1842. Any railroad corporation may, by a vote of a majority in amount of the shareholders present or represented at any annual meeting, classify its directors into three classes, each of which shall be composed, as nearly as may be, of one-tnird of the directors; the term of office of the first class to expire in one year, of the second in two years, and of the third in three years. At each annual election thereafter, a number of directors shall be elected for three years, equal to the number whose term of office shall then expire; all other vacancies to be filled in accordance with the by-laws.

TO MAKE ANNUAL REPORT.

SECTION 1843. Every railroad corporation shall make an annual report to to the stockholders of its operations during the year ending on the first day of December, which report shall be verified by the affidavit of the secretary, treasurer and superintendent of the corporation, and shall state:

1. The length of road in operation; the length of single track; the length of double track; the weight of the rail per yard.

2. The capital stock actually subscribed, and the amount paid thereon.

3. The whole cost of the road, showing the amount expended for the right of way, for bridging, grading, iron and buildings, respectively, and for all other purposes incidental to the construction of such road.

4. The amount and nature of its indebtedness, distinguishing the first second and third mortgage bonds, and the unsecured indebtedness, and the amount due the corporation.

5. The number of through and way passengers, and the rate of fare.

6. The amount received for the transportation of passengers, property and mails, for interest, and from all other sources respectively.

7. The amount of freight, specifying the quantity in tons or other usual mode of measurement.

8. The amount paid for repairs of the road, buildings, engines and cars, respectfully for fuel: taxes and interest, specifying the indebtedness on which the same is paid; for wages of employes; for salary paid to each officer where it exceeds one thousand dollars per annum, and for any other purpose

Railroad Laws.

incidental to the business of transportation, so as to give a complete statement of the entire annual expense of the corporation.

9. The amount of loss to the corporation from casualty.

10. The number and amount of dividends and when made, and in what manner such dividends have been paid.

11. The amount appropriated to sinking fund, and the manner in which the same has been applied, and the total amount then held by such sinking fund.

12. The number of persons killed or injured, the causes thereof, and whether passengers or persons employed by the corporation.

13. Whether any such accidents have arisen from carelessless or negli. gence of any person in the employment of the corporation, and whether such person is retained in the service of said corporation. The secretary of each railroad corporation shall mail to every stockholder thereof, whose post office address is known, a copy of its annual report, and shall file a certified copy thereof with the railroad commissioner, on or before the first day of February.

SECRETARY AND OTHER OFFICERS TO KEEP BOOKS OPEN TO INSPECTION.

SECTION 1844. The secretary or other officer or agent of every railroad corporation, who, by the charter or by-laws of such corporation, is made the custodian of the books, records and papers or other property thereof, shall keep the same in his possession, and at all times during business hours have the same ready to be exhibited to any officer, director, or any committee appointed by the stockholders, representing one-tenth of all the subscribed stock of snch corporation, on request, and furnish them, or either of them, transcripts from the records of proceedings of the board of directors of such corporation, under his official hand and seal, on the payment to him of the. same fee as that required by law to be paid to the register of deeds for transcripts of the records of his office. And the secretary shall, on resigning his office, or otherwise vacating the same, make over all such books, records, papers, and all other property of the corporation, which are in his possession, to his successor in office, and where no successor has been elected or appointed, to the board of directors, if any, or to the person or persons appointed by the majority of the stockholders of such corporation; and such secretary, on being duly subpoenaed to appear as a witness in any cause or trial in any court of justice in this state, shall attend and produce such books and records of the corporation as may be demanded in such subpoena, to be used in such trial.

Railroad Laws.

ACQUIRING LAND BY RIGHT OF EMINENT DOMAIN.

HOW MAY ACQUIRE REAL ESTATE.

SECTION 1845. Any railroad corporation may acquire any real estate which it shall be authorized to take for the purposes of its organization in the manner hereinafter prescribed; and every provision for that purpose heretofore made in any special law or act of incorporation or amendment thereto, is repealed.

· 3 Pin., 334; 4 Wis., 268; 6 Wis., 605, 636; 12 Wis., 16, 213; 14 id., 443, 609; 15 id, 233; 19 id., 137; 20 id., 135; 21 id., 77, 435; 26 id., 624; 27 id., 194; 30 id., 105; 34 id., 173; 40 id., 157; 52 Wis., 537.

PETITION TO BE FILED AND PROCEEDINGS THEREON.

SECTION 1846. For the purpose of acquiring such title such corporation may file a petition praying for the appointment of commissioners of appraisal by the circuit court or the judge thereof of the county in which the real estate described in the petition is situate, which petition must be signed and verified by the attorney or some authorized officer of the corporation. If such real estate is desired for station or building grounds or yards, and not for a part of its main track, such petition shall state that the corporation is duly incorporated; a description of the real estate sought to be acquired; that the same is required for the purpose of operating such road, and that it is the intention of the corporation, in good faith, to use it therefor; the names of the owners and parties interested therein, and such other facts touching the same as shall be deemed fit. If such real estate is desired for the main line of the railroad, or in part for the main line and in part for station or building grounds, yards or other purposes, such petition shall state that such corporation is duly incorporated; that it is its intention, in good faith, to construct the road autnorized by its charter; that it has surveyed its route over the lands sought to be acquired for its main line, and has actually staked out the center line of its proposed road over the grounds desired for such main line, and shall contain a description of the lands across which said line shall have been so staked out by the subdivisions of the government survey; and in case a greater width than one hundred feet shall be desired to be taken across any track, it shall specify the width desired across said track, and the reasons therefor, and shall contain a description of the land sought to be acquired for depot, station or building grounds, and the other purposes of such corporation; that the route of said road has been located by its board of directors upon the line so staked out, and that the real estate, so described, is required for the purpose of constructing and operating the proposed railroad; the names of the parties who own and occupy said real estate, as near as may be, and if any of such persons are infants, their ages

Railroad Laws.

as nearly as may be, and if any are persons of unsound mind or unknown, these facts shall be stated, with such other facts as shall be deemed fit; said corporation shall annex to said petition a map, showing the route of its said road, and the lands desired to be taken for right of way, and for depots, stations, building grounds and other grounds, and shall file the same in the office of the clerk of the circuit court of the county in which such real estate is situated. The filing of such petition shall be the commencement of a suit in said court. Upon the filing of such petition, the said court or judge thereof shall make an order, prescribing the notice to be given of the time and place of hearing said petition, which notice shall state the filing of such petition, the object thereof, and shall refer by general description to the lands described in the petition, and shall be addressed to the parties named in said petition, and to all persons interested in said lands, and may be served personally, or at the last and usual abode of such owners and parties interested, not less than five days before such hearing, or by publication in some newspaper, to be designated by said court or judge, not less than ten days before the date fixed for the hearing of such petition.

CAUSE MAY BE SHOWN AGAINST PETITION -APPOINTMENT OF COMMISSIONERS.

SECTION 1847. On presenting such petition to the court or judge, with proof of publication of notice, any person whose estates or interests are to be affected by the proceedings, may show cause against granting the prayer of the petition. If it shall appear from said petition that any of such persons are infants, idiots, or persons of unsound mind, the court or judge may, upon notice to the guardian, if they have any, and if not, without further notice, appoint a guardian ad litem to act for said minor, idiot, or person of unsound mind in said proceeding, and require him to give proper security. The court or judge shall hear the parties interested, and may adjourn from time to time as shall be convenient; and shall determine whether the railroad corporation is entitled to take the whole or any part of the land sought to be acquired, and if no sufficient cause is shown against granting the prayer of the petition, shall make an order appointing three disinterested and competent freeholders, who reside in the county or some adjoining county, where the premises to be appraised are situated, commissioners to ascertain and appraise the compensation to be made to the owners or persons interested in the real estate determined necessary to be taken in such county for the purposes of the corporation, and fix therein the time and place for the first meeting of the commissioners; and may limit the time within which they shall hold their appointment, which shall not in any case exceed one year.

21-RAIL. COM.