Kenosha telegraph. [volume] (Kenosha, Wis.) 1850-1854, 1853-04-29

for their use, as provided in the eleventh
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 said lands, whether such persons 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 own
| ing or possessing the legal or equitable title,
! lien or incumbrance, shall be minor, non
compus mentis, insane, or married woman, or
under any legal disabilities, then with the
guardian of such person, or the husband of
| such married woman; and if said company
cannot egree with such owner, or with such
guardian, or husband, then such question
of compensation shall be submitted to arbit-
ration in the manner following to wit: the
said company shall select disinterested ar
bitrator and such owner, guardian or hus-
band, shall select another, who shall be dis
interested and not of kin to him, or if they
should neglect or refuse for the space of three
days after being notified by said company, so
to do, or if they be non-residents of this state
they shall be notified by mail, by letter sign
ed by the secretary, and addressed to their
usual place of residence, to select such arbi-
traitors, and if they shall refuse or neglect for
the space of sixty days after mailing such let
ter, then in all eases of neglect and refusal as
aforesaid, the judge of the circuit court of
the county in which such land shall lie shall
appoint three competent persons TO act as ar
bitrators, who. shall not be of kin to the claim
ant, or in auy manner interested in said COM
pany; and the said arbitrator, having first
determined that it was necessary to take
said property, shall proceed to make anaward
of the amount of compensation, which shall
be paid by said company, to such persons for
the land so taken, and shall deliver copy
of their award in writing to each of the par
ties, and if the amount awarded by said ar
| bitrators shall be more than said company
shall have previously offered to pay,then said
company shall pay all the expenses of said
arbitration, and if it shall be less, then the
other shall pay such costs; and either party
may, within ten days after receiving a copy
of such award, appeal from the same to the
circuit court of such county, by giving writ
ten notice of such appeal to one of the ar
bitrators, and upon receiving such notice of
appeal, it shall be the duty of the arbitrator
to certify all their proceedings to said court,
aud the said court shall enter said cause on
its docket setting down the claimant or
claimants as plaintiff, and the said company
as defendant, and the said court shall pro-
coed to ascertain the amount of compensation
to be paid by said company to said COM
plainant, taking into consideration all the
facts and circumstances which said arbitra-
tors were, by this act, required to take into
consideration, and the said court shall there
upon proceed to render judgement in favor
of such claimant against said company, and
! if the amount so found for such claimant hall
exceed the amount so found by said arbitrators,
then judgement shall be rendered against
of said company for costs, and against said
claimant, and when such compensation, SO to
be ascertained according to the provisions of
this act, shall be paid or rendered to the par
ty entitled to the same, the title to the said
lgnd shall vest in said company in fee simple,
and a copy of such award orjudgement, filed
in the office of the register of deeds of the
county in which the lands lie, shall be suffi-
tient evidence of such title, and the said COM
pany 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 pos
session of said lands for all lawful purposes
of said corporation, as they shall not, while
such proceedings shall be pending, or until
such refusal, be disturbed in such posses
sion, use, occupancy and enjoyment by any
proceeding, either at law or equity.
Sec. 10. The said company may con-
struct said road across any public or private
road, highway, stream of water, or water
course, if the same shall be necessary; but
the said company shall restore such road
highway, stream of water, or water course to
its former state, or in sufficient manner
not to impair the usefulness of said road,
highway, stream Of water, or water course to
the owner or to the public.
Sec. IA. On the completion of said rail
road, or any section of the track not less
than five miles, it shall and may 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. Is. The said company shall have
power to connect said rail road and operate
the same with other rail roads in the state
of Wisconsin,, coming in contact Herewith,
and any rail roads in the state of Illinois that
may be chartered to the state line of Wis
consin, coming in contact therwith, and con-
solidate the capital stock of said company
with the capital stock of any rail road COM
pany with which the roads of said compa-
MES shall intersect; and shall have full pow
er to place the road Of the company and its
capital stock so consolidated, under the di-
rection of joint board Of directors, of not
less than nine nor more than fifteen, to be
chosen as the directors of the companies con-
solidated their capital stock shall direct and
agree upon.
SEC. Is. If any person shall wilfully and
knowingly iniure or destroy the rail road so
to be constructed by said company, or any
part thereof or any work, building, or ma
chinery attached to or in use upon the same,
n