Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1871-04-19

hereby ratified and confirmed. and the con-
tracts and official acts of said company de-
clared binding in law and equity upon said
corporation. and upon all others parties 10
such contracts. Said company shall also
have authority and power. and it is hereby
authorized and empowered, in its corporate
capacity, to make. execute. issue and deliver
its bonds or obligations. from time to time.
and at any time in such an amount that all
the bonds of said company outstanding at
any one time Will not exceed the
amount OF the capital stock of said
company. The directors OF said company
are hereby authorized and empowered to pre-
scribe by resolution, to be by them adopted,
the sum or sums for which each of such
bonds shall be issued, the time or times and
place or places when and where the princi-
pal and interest of the same shall be payable.
The person or persons. trustees or corporation
to whom the same shall be payable, and
whether payable TO order or TO bearer. or to
how otherwise negotiable. the rate of interest
which such bonds shall bear, and the manner
and form in which the interest coupons an
nexed TO them shall be executed /; and 10 Sc
cure the payment OF any or all of such bonds,
the said corporation is hereby authorized and
empowered, in its corporate capacity, to
make. execute aud deliver a mortgage or deed
of trnst upon the whole or any part of its
railroad constructed or authorized to be con-
structed and of any or all of its estate, real
personal and mixed, in possession or expect
ancy. owned and acquired, or to be thereafter
owned and acquired by said corporation |;
and the said company is also hereby author
lied and empowered in and by such mort
gage. or deed of trust to confer upon
the trustee or mortgage full and ample
powers to enter into and upon, and
tn faly of Hcn nd
enjoy. or to sell and dispose OF the whole or
any part of said railroad or IFS estate, togeth-
er with the functions appertaining to said
railroad and all corporate and other fran
chises rights and privileges of said corpora
ton and the directors OF said company are
hereby authorized and empowered 10 pre-
scribe by resolution 10 be by them adopted.
ali matters relating to the form and terms of
any such mortgage or deed of trust, ard OF
its execution and delivery /; and they are au-
thorized to provide for the periodical pay
ment TO such trustee or receiver as they shall
appoint, certain sum to create a sinking
fund with which TO pay off or discharge, 1T
or before maturity, any or all of the bonds
by them authorized to be issued. and also TO
provide the manner in which such trustee or
receiver. shall pay out or dispose OF said sink
ing fund, and TO authorize him to designate,
by lot o. in any other suitable manner. the
bond or bonds to the payment of which such
sinking fund or any part OF ii shall be APP
piled aud the said railroad company is
hereby fully authorized aud empowered by
its treasurer. agents or brokers, or otherwise,
at any place. 10 sell pledge, hypothecate or
otherwise dispose Of any or all OF the atore-
said bonds hereby authorized to be issued. at
par or at amy price less than par, and for such
sum or sums and ON such terms as to the said
x.el.. Ep 10
said company aud the said company and
its directors, officers, agents and brokers' are
hereby authorized and empowered to lave,
exercise and enjoy all the rights. privileges
and powes hereby conferred upon them res
pectively. any law of tins state TO the contrary
Notwithstanding and any such mortgage or
deed of trust and any discharge or satisfac
lion thereof may be recorded in the office of
the secretary of state, in proper book kept
for that purpose aud the certificate of such
recording endorsed on such mortgage or deed
of trust shall have the same effect as If such
mortgage or deed OF trust was recorded in
the several counties through which such road
may run. aud such record in the Office of the
secretary shall be sufficient notice 90 all per-
sons.
Section 10. The said corporation shall
have authority and power. and is hereby au-
thorized aud empowered. by its officers and
engineers and agents, 10 enter upon any land
for the purpose of exploring, surveying, To-
eating or determnining the route of its rail-
road aud when the route of said railroad
shall be determined by said company, by
resolution adopted by the board of directors !;
the company also shall have authority and
power and it is hereby authorized and en-
powered, by its agents officers engineers, con-
tractors, emplayes servants, to enter upon, take,
possess occupy and use any land along and i'm
Guiding the line of said route not eXcet d.
ing one hundred feet in width: and said COM
pany shall also have authority and power and
it is hereby authorized ana empowered. at
any time 10 en- er upon. take, possess, occupy
and use any other lands beyond the limits of
one hundred feet, which shall be necessary for
the use OF said company, or for the purpose of
erecting depot buildings. stopping stages sta
ton houses, freight houses, warehouses engine
houses. machine shops, or for buildings or fix
lures of any kind, or grounds about any such
buildings, horses or fixtures for the conven-
lent operation of the business of the road, or
for the purpose of removing such substances
and things as may endanger, Obstruct or in
telere with the free use of said road, or for
the purpose of making deep cuts or excava-
tons. or for the purpose of deposting earth.
gravel or stone. or for the purpose of obtain
ing earth. gravel stone or other materials for
eBbankments structures or superstructures,
necessary to or for the construction, compile
lion alteration, maintenance. preservation and
complete operation of said railroad and a
copy of said resolution duly certified by the
secretary OF said company, shall be recorded
In the office of the register of deeds of the
county in which the lands described in the
resolution shall lie and all private property,
which the said corporation is by tins act au-
thOrized to take. is hereby declared to be ia
ken for public use. And the said company
shall. at such time, and in such manner as is
prescribed by this act, pay the full value of
all lands so taken, possessed occupied or used
which value shall be ascerlained in the maa-
ner hereinafter provided, and whenever the
same shall have been paid. rendered or depos-
tied as provided by this act. the title in and
20 any and all such lands shall become vest
ed in said company, for the purposes of said
railroad and whenever the company shall
deem that the same or any part thereof shall
be no longer necessary for the purposes for
which the same were taken. the said cOmpa-
NY is hereby authorized and empowered 10
lease or sell the same. or any part theleOf.
Sec. Ill. Whenever the line of said rail-
road snail be located and its route determin-
ed, tia said company shall apply by attor-
ney. to the circuit court tor the county
through which it Iasses, or TO the Judge there
OF. in vacation. for the appointment of three
commissioners to make an appraisal and award
of the value of any ana all lands which are
the private properly of any person on the line
of said railroad, and which the said compa-
NY shall have entered upon, taken possessed,
occupied or used. or which it may thereafter
enter upon.take. possess, occupy OF use for any
1f IL, fl<n