The Manitowoc tribune. [volume] (Manitowoc, Wis.) 1866-1878, 1870-04-21

rmed, and the contracts and official acts Of said COM
pany delared binding in law and equity upon said
poraon and upon all other parties such contracts
said company shall also have authority and power
and it is hereby authorized and empowered in its
porae caIacity to make execute issue and deliver its
bonds and obligations from time to time and any
time in such amount that all the bonds of said
company outstanding at any time Will exceed
the amount of the capital stock of said company The
directors of said company hereby authorized and
empowered to prescribe by resolution to be by them
adopted. the sum for which eacn of said
bonds shall be issued, the time times AMI place
places when and where the principal and interest of
the shall be payable, the person or persons
trustees or corporation to whom the snail be
payable aud whether payable TO order o. bearer,
how otherwise negotiable the rate OF interest which
such bonds shall bear and the manner ald form in
which the interest coupons annexed to them shall be
executed and to secure the payments OF any all OF
such bonds, the said corporation IS hereby authorized
and empowered, III its corporate capacity, 10 make,
eNecut ID deliver mortgage or deed OF trust upon
the whole any part OF lis Railroad constructed or
authorized to be constructed and Of any or all of its
estate real personal mfed, in possession or eXec-
fancy, owned and acqnired to be thereafter owned
and acquired by said corporation; and the said COM
pay Is also hereby authorized and empowered III and
by such mort deed OF trust to confer upon the
trustees mortgages full and ample powers to
ter into and upon and to take possession OIL have, use
and enjoy or Go sell and dispose Of the Whole or amy
part of said railroad its estate, together with the
functions appcrtainng to said railroad, and all cor
porate and other franchises, rights and privileges OF
said Grafton; aud the directors of said company
hereby authorized and empowered to prescribe by
to the form and terms of any such mortgage or deed
of trust and of its execution and delivery; and they
are authorized TO provide for the periodical pay ents
to such trustee or receiver AS they shall appoint
certain sum, create a sinking fGnd, with which to
pay on or GIschar at or before atuflty any OF All
OF The bonds by them authorized 20 be lssued anu
also to provide the amer i'll which such trustee or
receiver shall pay dispose OF said sinking fund.-
and to authorize him to designate by lot, any
other suitable ninner the bond or bonds to the pay
ment OF which such sinking fund or any part oi II
shall be applied and the SAID loard OF directors are
hereby authorized and empowers cd to SELL pledge by
pohecate or otherwise dispose of, either for money
work material to be used i'll the construction and
equipment of said railroad, all amy portion of such
mortgage bonds brother securities, or bonds received
from county town, village orcity at or at such
price less than par the said directors may by
luton, to be by them adopted deem advisable; any
such mortgage deed OF trust and every discharge or
satisfaction thereof may be ored iii the Office OF the
secretary Of state in proper book kept for that pr
pose, aad the certificate such recording endorsed on
such mortgage deed Of trust, shall have the same
effect if such mortgage deed of trust was record
ed in the several counties through which such road
may rum and such record in the Office OF the secreta
~ shall be sufficient notice TO all persons.
Sec 10. The company hereby created SHALL for all
and every the lands and property which it shall a-
propriatc, take, possess, occupy (unless the
same he donated to them) pay the value thereof, at
the time and il the herein provided and such
value shall be scerttilcd, fixed and determined by
mutual agreement between the said company and the
owners of such hand and property, respectively or by
aud through the medium and appraisenent and deter
nInatIon or award OF commissioners appontedaS here
matter provided.
Sec IA. hen the said corporation shall not agree
with the owner or owners of such required
land for the purchase thereof, to the compensa
ton to be paid therefor wheuby of the legal
iDcapacity of absence of such
such agreeInen be made then and in that case
1t shall be lawful Tor any judge OF the supreme court
circuit or county courts OF this state, on application
OF the said company, the owners of any such land,
and ut the cost and charge OF said company, appoint
three disintercsted persons residing in the county
through which the SAID road rpns nose duty shall
be to view and examine the lands taken, with the
buildings and IMPROVEMENTS if any thereon, and
estimate the value Of the lands so taken and required
by sAld company, and all tie damages Nhich the own
er or owners thereof shall sustain or may have
sustained by Of the taking of the for the
construction and of said road works appcrtan
ing thereto Aud 1T shall be the duty OF said company
or OF the owner owners aforesaid, the may
be- to three weeks notice of their application
the judge of the supreme, circuit county courts
lor the appointment OF said commissioners to be pub
lshed Tor three Cessive weeks in newspaper pub
shed tf there be any IN the county in which such
lan1 may De situated, and the affidavit of the printer
or publisher shall be sufficient legal evidence of such
publication and the persons appointed, before en-
terng upon the discharge of such duties shall take
an oath before some justice OF the peace or other per-
son competent 10y law to administer oaths, faithfully
and to the best OF their ability 10 examine the lands
SO taken or required by said company, and impair
tiay 10 estimate and appr;ise the value OF the sae
and the damage or injury which the owner or owners
thereof shall have sustained may sustain by reason
OF the taking and thereof by said company where
the premises aud estimate the value of such land and
the amount of damage and they majority of them
der their hands and seals to the circuit court OF the
county Where the land lies, and shall return the
same within ninety days after their appointment, to
the clerk OF the circuit court Of the county there
they reside and it shall be the duty of the said clerk
to immediately file the same and in case no appeal
shall bc made within thirty DAYS after the fling Of
tlie said report as hereinafter provided then the said
clerk shall record the ut the expense of said
company, and judgement of the said court shall be
entered the con on motion of either party at any
term of said court: pr0rided, that either party may
appeal to said cOGrt within thirty days after said
port shall Lave been filed in the clerk Office and such
appeal shall be tried III the same manner as other
issues trial in said court and the jury empaneed
to try the same shall find the value OF the land
taken as required by sad company, and the damages
which the owner or owners thereof shall have
tanned by the taking of the same and the judgement
of the said court shall be entered accordingy pro-
cIdea diS0 that it shall not be lawful for the said
commissioners said court TO proceed in the
ihent OF damages in the valuation of any lands
materials aforesaid in the absence of the
owners his her or their agents or attorneys unless it
be shown to them by competent testimony that the
said owner or owners shall have had at least five days
hotlce OF me time ana place. ct which such assess
nient or valuation was TO be made, that the said
owner absent from the state of iscon-
sin: and if the said owner owners shall be minors
can,poS eatis absent from the state the SER
vice OF notice may be made on the guardian trus-
tee il there be any, or III such manner the court
filing OF the report aforesaid and payment in legal
tender Of the amount of any valuation or appraisal
specified therein, TO the owner owners of any such
lands, MS, tier or their legal representatives, on pay
mct thereof into the circuit of the county in
which such land shall be situated for the owner or
owners thereof, the SAID company, their agents,
the contractors for making repairing said railroad
may Immediately take aud the same without
awaiting the issue of any appeal brot thereon; GHd
iTcrtdeG also, that in of an appeal aforesadly
the owner or owners Of such land, the said company
immediately on notice of the perfection of such
appeal shall pay into court to abide the Judgement
therein, the amount awarded by such commissioners:
and III case OF any appeal by the company, it shall be
the duty OF such company TO execute bond with sul-
clent surety 10 be approved by the court condition
rendered there
in, aud TO abide by the order of the court in the prem
ses; such bond shall be filed at the time OF entering
the appeal and in of neglect or refusal unless
further time to do shall have been granted by the
court, the appeal may be dismissed motion.
W henever any Judgment shall have been entered as
herein provided, for the value of any land for any
damages Tor taking andJ.sipg the same, and tho
amount specified in such Judgment shall have been
paid rendered to the owner or owners Of such
lands his, her their legal representatives the
company shall be entitled to the estate and interest
in the same, fully if had been conveyed in fec
simple; and if such valuation be not received when
rendered. it may at any time thereafter be received
may be collected from sais company by action at
law, at the cost and expense of the person per-
sons entitled to the same; p0U5ded that the costs
of any proceedings and Judgment specified in the
last proceeding section shall DC taxed by the
and pad by such company except IL cases Whenu upon
appeal the verdict ofthe jury shall be for the
or for less sum than that reported by the commits
soners.
Sec Is The capital stock of the company hereby
created shall in the first instance be Ave millions of
dollars, which capital stock may be increased any
sum not exceeding ten millions of dollars the said
capital stock to be divided into shares of one hundred
dollars each.
Sec. 16. The several counties towns, villages and
cities upon contiguous the line OF sad road by
this act authorized TO be constructed, as the same
may hereafter be located and established, are and
each of them hereby authorized to aid in the con-
strucion of said railroad 10y subscribing to the stock
of the company and paying for the same in money
and leyying special tax to raise money for that
purpose, or by issuing bonds to said company in nav
mcnt for said stock and levying taxes t. ID, me in
terest it upon said bonds and to establish
sinking fund for the gradual redemption and uiH
mate full redemption of said bonds at maturity and
for these purposes the board OF supervisors or officers
of such counties towns the boards of trustacs of
such villages and the common council of such cties
respectively and seyeray, shall have power TO nero
tate and arrange the terms and conditions mon
which such aid shall be granted: 70 enter into all
tract wit, lcDp