Clearing obstruc Compensation. depot buildings, station-houses or other fixtures and CHAPTER 47. grounds about the same, for the operation and business of said road, or for making drains and giving a proper direction to water courses, or for diverting or changing the channel of water courses across or along said road, Water courses. or for the purpose of removing such substances and things as may endanger, obstruct or interfere with the tions. free use of said road, or for the purpose of making deep cuts or excavations, or for the purpose of obtaining earth, gravel, timber, stone or materials for embankments, structures or superstructures, necessary to the construction or repair of said road, subject, however, to the payment of such compensation as the company may have agreed upon to pay therefor, or as shall be ascertained in the manner hereinafter provided; and when such compensation shall have been paid or tentendered, the title to said land shall vest in said company in fee simple, and the said company shall have the right to hold the same, and whenever in the opinion of the company, the same or any part thereof shall be no longer necessary for the purposes for which the same was taken, the said company is hereby authorized to lease or sell the same or any part thereof in fee simple. SECTION 14. The said company shall have the right owners. to enter upon any lands required for their use, as provided in the thirteenth section of this act, and to survey and lay out said road, not exceeding one hundred feet in width, and the said company shall, if possible, agree with the owner of said lands as to the amount of compensation to be paid for such lands, whether such person shall own or possess the legal or equitable title to the same, or any lien or incumbrance on the same; and if the person or persons owing or possessing such legal or equitable title, lien or incumbrance shall be a minor, non compos mentis, insane or under any legal disabilities, then with the guardian of such person, and if said company cannot agree with or ascertain who are such guardian or owner, then the question of compensation shall be submitted to an arbitration in the following manner, to wit: The said company shall select a disinterested arbitrator, and such owner or guardian shall select another, who shall be disinterested and In ease of disanot akin to the owner or agents of such land; and choose arbitrashould the persons so selected as arbitrators refuse or neglect, or should such owner or guardian neglect or To agree with greement to tors. Expenses. Appeal. "CHAPTER 47. refuse to choose such arbitrator for the space of five days after being notified by said company to do so, or in case said company cannot find such owner or guardian, then, in either, case the judge of probate or the chairman of the county board of supervisors of the county in which such lands lie, shall, upon application being made to either of them by the president or by a majority of the directors of said company or by its legally authorized agent or attorney, appoint three competent persons to act as arbitrators, who shall not be akin to the claimants, and who are not stockholders in said company, and the said arbitrators shall proceed to examine the premises and to make an award of the amount of compensation which shall be paid by said company to such person or persons for the land so taken, and shall deliver a copy of their award in writing to each of the parties; and if the amount awarded by said arbitrators shall be more than said company had previously offered to pay, the said company shall pay all expenses of said arbitration; if it shall be less, then the other party shall pay such costs; and either party may, within ten days after receiving a copy of such award, appeal from the same to the court having the proper jurisdiction for the county in which such lands are situated, by giving a written notice of such appeal to some one of the arbitrators; and when the arbitrator receives such notice of appeal, it shall be the duty of the arbitrators to certify all their proceedings to said court, and the said court shall enter said case on its docket, setting down the claimant or claimants as plaintiff and the said company as defendant; and the said court shall proceed to ascertain the amount of compensation to be paid by said company to said complainant, taking into consideration all the facts and circumstances, all the rights said company acquired by this act, and all the benefits received by the complainant from said railroad, and the said court shall thereupon proceed to hear, determine and render judgment in favor of said complainant, against said company, as in other cases tried in such court; and if the amount so found for such complainant shall exceed the amount so found by said arbitrators, the judgment shall be rendered against said company for costs; and if it shall not exceed the amount so found by said arbitrators, the judgment shall be rendered in favor of said Judgment of court, costs, &c. Title to vest in company for costs and against said claimants; and CHAPTER 47. when such compensation so to be ascertained according to the provisions of this section, shall be paid or tendered to the parties entitled to the same, the title to said lands shall vest in said company in fee simple, company. and a copy of such award or judgment filed and recorded in the proper deed book in the office of the register of deeds of the county in which the lands lie, shall be sufficient evidence of such title. And the said company shall have full power and authority pending all such proceedings, and until they shall refuse to pay the compensation so to be ascertained as aforesaid, to use, occupy and enjoy the peaceable and uninterrupted joy peaceable possession of said land or lands for all the purposes of possession of said corporation, and they shall not, while such pro- pendency of ceedings shall be pending, or until such refusal, be disturbed in such possession, use, occupancy and enjoyment by any proceedings at law or in equity. The said arbitrators shall, before they enter upon the duties of their appointment, severally take and subscribe an oath take an oath. to faithfully and honestly decide, between the parties, which oath shall be taken before some person authorized to administer oaths, and shall be returned with the award. Company to en lands during proceedings. Arbitrators to witness, &c. SECTION 15. No person shall be incompetent to be Competency of a witness or give testimony in a suit or proceeding at law or in equity in which the said railroad company shall be a party, but no person shall be qualified to discharge the duties of judge, justice of the peace or juror, in any suit or proceeding, who is a stockholder in said com pany. fares. SECTION 16. On the completion of said railroad, or Freight and any part thereof, not less than three miles in length, it shall and may be lawful for the company to demand and receive such sum or sums of money for freight, or passage and freight, of persons and property, as they shall from time to time think reasonable. juries to road. SECTION 17. If any person shall willfully and know- Penalties for iningly injure or destroy the railroad so to be 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 company, or shall willfully and maliciously place any obstruction or thing upon the track of said road, such person or persons so offending shall each of them for every such offense, forfeit and CHAPTER 48. Public act. pay a sum not exceeding three times the amount of damages caused by such offense, which may be recovered in the name of said company, by action of debt, in any court having competent jurisdiction in the county wherein the offense shall be committed, and shall also be subject to indictment, and upon conviction of any such offense, shall be punished by imprisonment and fine, or either, at the discretion of the court. SECTION 18. This act is hereby declared to be a public act, and shall be favorably construed to effect the purposes hereby intended, and copies thereof printed by authority of the state, shall be received as evidence thereof in all cases, and this act shall be in full force and effect from and after its passage. Approved April 4, 1861. Company may abandon or sell their road. Bridge across the Crawfish declar Rates of toll. CHAPTER 48. AN ACT to amend an act to incorporate the Watertown, Hubbleville, Portland and Waterloo plank road company, and the several acts amendatory thereto. The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: SECTION 1. Said company are hereby authorized to abandon and give up to the public, or to sell and dispose of, the whole or any part of this road, whenever they may choose so to do, and the city of Watertown and the towns of Shields and Milford are hereby severally authorized to purchase so much of said road as lies within their respective limits. SECTION 2. The bridge of said company across the ed a toll bridge. Crawfish river, in the town of Milford, in the county of Jefferson, is hereby declared a toll bridge, and said company are hereby authorized to maintain the same, and demand and collect toll for crossing the same at and after the following rates, to wit: For every vehicle, sleigh, sled or carriage drawn by one animal, 5 cents; for every vehicle, sleigh, sled or carriage drawn by two animals, 10 cents; for every additional animal, 5 cents; for every horse ridden or led animal, 5 cents; for swine or sheep, each head, 1 cent: for cattle or other animals in droves, each head, 2 cents. And said company are hereby authorized to erect a toll gate or toll gates at or on said bridge, to collect said. toll. CHAPTER 49. posted. SECTION 3. Said company shall keep posted up in a List to be kept conspicuous place on said bridge, a list of the tolls authorized by this act. Toll to be de SECTION 4. The amount of toll charged for crossing ducted, &c. said bridge shall be deducted from the amount heretofore authorized to be charged by said company for traveling over said road, and in case said road shall be abandoned east of said Crawfish river, then no more toll shall be charged than is hereby authorized for crossing said bridge. SECTION 5. All penalties and forfeitures provided Penalties, &c. for in the several acts of which this is amendatory, shall apply to the collection and enforcement of tolls for crossing said bridge, and to injuries to the same and its toll gate and appurtenances. SECTION 6. This act shall take effect and be in force from and after its passage. Approved April 6, 1861. CHAPTER 49. AN ACT to vacate portions of Flint's addition to the town of St. The People of the State of Wisconsin, represented in Senate and Assembly do enact as follows: vacated. SECTION 1. The plat of blocks, lots, streets and Blocks, lots, &c., alleys, excepting only blocks number seven, (7) fourteen (14) and fifteen, (15) and Maryland street and Quincy avenue in said plat, situated in the southeast quarter of section nineteen, (19) of township number thirty-four, (34) north of range eighteen (18) west, known as "Flint's addition to the town of St. Croix," and recorded in the office of register of deeds of Polk county, on pages eighty-one (81) and eighty-two (82) in volume No. 2, of deeds of said county, is hereby vacated. SECTION 2. This act shall take effect and be in force from and after its passage and publication. Approved April 6, 1861. |