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proper. But before any conveyance or release authorized by this section shall be executed, the terms on which the same is to be executed shall be reported to the court on oath; and if the court is satisfied that such terms are just to the party interested in such real estate, the court shall confirm the report, and direct the proper conveyance or release to be executed, which shall have the same effect as if executed by an owner of said land, having legal power to sell and convey the same.

MAY TAKE RIGHT OF WAY THROUGH PUBLIC LANDS.

SECTION 1857. Every railroad corporation shall have the right to take, hold and use, for the purpose of a railroad, a strip of land one hundred feet wide through each and every tract of the public lands, owned or held by the state, across which its road has been or shall be located or constructed; but such corporation shall, so soon as the route of its road shall be definitely fixed, deposit in the office of the commissioners of public lands, a plat exhib. iting all such lands, and the location of such route through the same, and shall have no such right to take or use any such lands so sold prior to so depositing such plat. The commissioners of public lands may also grant to any such corporation any lands owned by the state which may be required for the purposes of their road in excess of the aforesaid one hundred feet, upon such terms, and for such compensation as they may fix. Every certificate or patent for any such lands shall contain an express reservation to the the use of such corporation of all such lands as by this section it shall be entitled to take, hold or use.

(As amended by Chapter 266, Laws of 1882.)

RAILROADS MAY SELL, ETC., LANDS GRANTED.

SECTION 1858. Any railroad corporation upon which any lands granted to this state shall have been conferred to aid in the construction of any rail. road, may sell, assign and transfer the lands so conferred upon it, or any portion thereof, to any other railroad corporation, which shall by law have the right to construct a railroad along and upon the line, or any portion of the line upon which such lands are applicable under the grant of this state, upon such terms and conditions as it shall fix; provided, that the corporation receiving such lands shall be bound to construct the part of the line of railroad, to aid in the construction of which the lands were granted to this state, to which the assigned lands are applicable, according to the terms of the grant by congress; and to comply fully with all conditions and require. ments contained in the act in and by which the state conferred said lands upon said corporation. The terms and conditions of every such transfer shall be embodied in an agreement in writing, which shall be recorded in the office of the secretary of state; and provided further, that no such trans

Railroad Laws.

fer or assignment shall be of any force or effect until two-thirds of the full paid stockholders of the corporation making the same shall have assented in writing thereto and until such assent shall have been filed with the secretary of state. Whenever any grant of lands shall have been or shall hereafter be made to any corporation to aid in the construction of a railroad upon condition that such road or any portion thereof shall be completed within the period of time or times fixed or limited by the act or acts making such grant or grants, or by any act or acts amendatory thereof, and such corporation shall have failed or shall hereafter fail to complete such railroad, or any part or portions thereof, within the time or times fixed or limited by such act or acts, it shall be the duty of the attorney general of the state to immediately institute if the legislature shall not have revoked said grant, proceedingsagainst such corporation in the supreme court of the state to ascertain judicially the facts in the premises, and if it shall appear that such corporation has failed to complete its railway, or any portion thereof, within the time limited by said act or acts, or has otherwise committed a breach of the condition or conditions upon which said grant was conferred upon it, or of the requirements of said act, judgment shall be entered in behalf of the state, forfeiting, vacating and setting aside such grant or grants, and annulling all rights and interests of such corporation in and to all lands granted to it and not fully earned, and restoring such lands to the state, and such corporation shall thereafter be barred and foreclosed of all rights and interests in or to the lands so adjudged to be forfeited and restored to the state, and of all rights to, in any manner, thereafter acquire the same.

RAILROADS MAY MORTGAGE LANDS GRANTED.

SECTION 1859. Any railroad corporation upon which any lands shall have been conferred to aid in the construction of any railroad, or to which any such lands shall have been sold, assigned or transferred, may, to raise money to construct such road, mortgage or convey by any mortgage or deed of trust, in addition to such property as is herein before provided for, any and all such lands so conferred upon it, and thereby pledge the entire avails of such lands, when acquired by such corporation and sold; provided that no bonds or other evidences of debt so secured, shall be made payable at a longer time than twenty years from the date thereof, and that all such lands remaining unsold at the expiration of such twenty years shall thence forward remain subject to purchase by actual settlers, at a price not exceeding six dollars per acre; and that this section shall not be taken to exempt any lands from any taxation whatever.

NO RAILROAD OR BRIDGE TO BE CONSTRUCTED ACROSS BAY OF SUPERIOR.

SECTION 1860. No person or corporation shall have, construct or operate any railroad, or bridge of any kind, across the bay of Superior, between Min

Railroad Laws.

nesota Point, in the state of Minnesota, and the opposite shores. Every railroad corporation which shall construct or operate any railroad or railroad bridge across the St. Louis river or bay, at or above Connor's Point, shall, at some point in Superior, on the navigable water of the bay of Superior, between Nemadji river and Connor's Point, establish and maintain a depot and construct and forever maintain proper tracks and side tracks, docks, piers, ware houses and freight houses and depot accommodations, suitable and convenient for the receipt, transfer or shipment of all freights and general business of railroads; and shall furnish and maintain at such point, facilities for such receipt, transfer, shipment and railroad business, equal in all respects to the facilities which said corporation may have and maintained at any port in Minnesota, on or upon the St. Louis river or bays of St. Louis or Superior; and shall not discriminate in any manner in rates, draw backs, or facilities for freights or passengers, against Superior in favor of ports in Minnesota. Every act or charter heretofore passed, granting any right to cross the St. Louis river, shall be held subject to the foregoing provisions.

PHRASE RAILROAD CORPORATION, defined.

SECTION 1861. The phrase "railroad corporation," as used in these statutes, may be taken to embrace any company, association, corporation or person managing, maintaining, operating or in possession of a railroad, whether as owner, contractor, lessee, mortgagee, trustee, assignee or receiver.

PLACE OF TRIAL OF ACTIONS AGAINST RAILROAD CORPORATIONS IN

OF RECORD.

COURTS

SECTION 2619, subdivision 4, provides that actions against railroad corpora tions running or operating, under lease or otherwise, any railroad, except appeals in condemnation proceedings, may be brought in any county through or into which such railroad runs.

HOW ACTIONS COMMENCED AND SERVICE MADE ON RAILROAD CORPORATIONS IN COURTS OF RECORD.

SECTION 2637. Actions against corporations shall be commenced in the same manner as personal actions against natural persons. The summons, and the accompanying complaint or notice aforesaid, shall be served, and such service held of the same effect as personal service on a natural person, by delivering a copy thereof, as follows:

6. If against a railroad corporation whose general office is within this state, to the president, secretary, superintendent, general manager or general solicitor thereof, if either shall reside and be within the state.

7. If against a railroad corporation, whose general office is, or all whose aforesaid officers shall reside or he without the state, to any station, freight, ticket or other agent thereof within the state.

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8. If against a corporation owning or operating sleeping or hotel cars, or the like, which has not its general office in the state, to any person having charge of any of its cars, or any agent found within the state.

HOW IN JUSTICE COURT.

SECTION 3601. Actions in justice's court against municipal or other corporations shall be commenced by summons, except where otherwise provided by law, which shall be served by leaving a copy thereof with any officer or officers, agent or person, upon whom the summons in an action commenced in the circuit court against such corporation, is required by law to be served, at least six days before the return day thereof, except that in an action against a railroad or express corporation, in addition to the officers above referred to, it may be served upon any agent of the corporation who has charge of an express office, or a depot or station on the line of the railroad, owned or occupied by the defendant; and upon perfecting such service, and a legal return thereof being made, it shall be held to have the same effect as a personal service upon a natural person, and like proceedings may be had in such action as in cases against such persons.

SECTION 3162, provides that under judgments of foreclosure and sale of mortgages given by any railroad corporation, the sale may be made immediately after the rendition of the judgment.

RECOVERY IN CASE OF WRONGFUL ACT, NEGLECT OR DEFAULT.

SECTION 4255. Whenever the death of a person shall be caused by a wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case the person who, or the corporation which, would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured; provided, that such action shall be brought for a death caused in this state, and in some court established by the constitution and laws of the same.

15 Wis., 489; 19 id., 516; 21 id., 256, 372, 305; 22 id., 615; 23 id., 43, 400, 495; 28 id.. 487; 38 id., 613; 42 Wis., 643.

BY WHOM SUCH ACTION TO BE BROUGHT.

SECTION 4256. Every such action shall be brought by, and in the name of, the personal representatives of such deceased person, and the amount recovered shall belong and be paid over to the husband or widow of such deceased person, if such relative survive him or her; but if no husband or widow survive the deceased, the amount recovered shall be paid over to his or her lineal descendants, and to his or her lineal ancestors in default of such de

Railroad Laws.

scendants; and in every such action the jury may give such damages, not exceeding five thousand dollars, as they shall deem fair and just in reference to the pecuniary injury resulting from such death, to the relatives of the deceased specified in this section.

15 Wis., 578; 21 id., 372; 22 id., 615; 23 id,, 400, 495; 28 id., 522; 38 id., 613.

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CRIMES AND MISDEMEANORS ARISING UNDER LAWS REGARD. ING OR GOVERNING RAILROADS, AND PUNISHMENTS FOR VIOLATIONS OF SUCH LAWS.

FOR PLACING OBSTRUCTIONS ON TRACK, DESTROYING BRIDGES, ETC., WHEREBY PERSON IS KILLED.

SECTION 4342. Any person who shall willfully and maliciously place any obstruction upon the track of any railroad in this state, or take up or displace a rail, or switch, or signal, or remove a spike or otherwise injure, break down or destroy the bridge, road-bed or other structure of such railroad, and the death of any person shall ensue therefrom, he shall be deemed guilty of murder in the second degree.

OBSTRUCTING OR INJURING RAILROADS.

SECTION 4386. Any person who shall willfully, maliciously or unlawfully place any obstruction upon the track of any railroad in this state, or take up or displace a rail, or switch, or signal, or remove a spike, or otherwise injure, break down or destroy the bridge, road-bed or other structure of such railroad, shall be punished by imprisonment in the state prison not more than ten years nor less than one year.

PENALTY FOR RACING, ETC.

SECTION 4358. Any person having charge of auy steamboat or railroad train, for the conveyance of passengeas, or any engineer or other person having charge of the boiler of such steamboat or locomotive of such railroad train, or of any other apparatus for the generation of steam, who shall from ignorance or gross neglect, or for the purpose of excelling any other steamboat or railroad train in speed, cause a collision or wreck of such steamboat or railroad train, or create or allow to be created such an undue quantity of steam as to burst or break the boiler or other apparatus in which it shall be generated, or any apparatus or machinery connected therewith, by which collision, wreck, or bursting or breaking of such boiler, any person shall be killed, shall be guilty of manslaughter in the third degree.