The Superior times. [volume] (Superior, Wis.) 1870-1912, 1872-05-04
provided in this act for lands taken for the use

as provided in this act for lands taken for the use
| of the company.
9Th. To construct their road across. along. or
| upon any stream of water, water course street
| highway, plankroad turnpike or canal which tae
route of its road shall intersect or touch but the
| company shall restore the stream, water course
street, highway, plankroad and turnpike thus in
tersected or touched to its former state OF to such
state as not cessary to have impaired its
| fulness. And whenever the track of any railroad
| shall touch, intersect any road, highway
or street, such road highway street may be car
| ried over or under the said railroad, as NAV be
| found most expedient fort he public good And in
case any embankment or cat in the construction of
any railroad shall make it necessary to change the
course and direction of any Highway road street.
it shall be lawful for any Asy constructing its
road, so to change the course direction of such
road, highway or street: promised, that the dis
| lance OF any road highway or strNA shall not be
heightened more than five rods, MOI: 1acged from
| It's original course more than six rCts, by such
| change Of course or dire ction.
| 9th. To cross, intersect, join and uniL, ts rail-
road with any other railroad before or he 1a9fter
constructed at any point on its route and upCst he
grounds of such other railroad company, With BE
necessary turnouts, sidings and switches and OH.
er conveniences IL furtherance of the the objects
| of its connections. And every company whose
railroad is shall be hereafter iatersected by any
| new railroad shall unite with the owners of such
| new railroad in forming such intersections and
connections, and grant the facilities aforesaid; and
| ii the two corporations cannot agree upon the
| amount of compensation to be made therefor or
the points and manner of such crossings and con-
necuons the same snail be ascertalned by com
missioners, to be appointed by the conrt is pro-
vded IN this act III respect to acquiring title to real
estate. But no company which sh..ll have obtain
ed the right of way and constructed its road at the
point OF intersection. before the application for the
| appointment of commissioners may be made shall
be required TO alter the grade or change the loca
ton OF It's road or be required to bear any part of
the expense OF making ana maintaining such cross
! ing or OF such proceeding.
| 18th. To take and convey persons or property
over their railroad by the power or force of steam
or of animals, or by any mechanical power, and to
| receive compensation therefor, and to do all the
| business incident to railroad companies.
| Sth. To erect and maintain all necessary and
| convenient buildings stations, fixtures and ma
| chinery for the accommodation and use of their
| passengers freighs and business.
| 9th. To regulate the time and manner in which
| passengers and property shall be transported and
| the compensation to be paid therefor
| 10th. To borrow such sum or sums of money at
| such rates OF interest and upon such terms said
company or its board of directors shall authorize
| and agree upon, and may deem necessary or ey-
pedlent, and to execute one or more trust deeds
| mortgages, or both as occasion may require, on
| any roiroad railroads, constructed or in pro-
| cess OF construction, by said company, for the
| amount or amounts borrowed or owing by such
| company, upon such terms and in such manner as
| such company or its board of directors shall deem
| ezpedient and such company may make such
| provisions, in such trust deed or mortgage, for
pledging or transferring their railroad track, right
| of way, depot grounds, rights, privileges fran
| chiscs, immunities, machine houses rolling stock
| furniture, tools implements, appendages and APP
purtenances used in connection with such railroad
| or railroads. in any manner whatever then belong
| ing to said company. which shall thereafter
| belong to it, security for any bonds, debts or
| sums of money that may be secured by such trust
deed or mortgage, rs they shall think proper; and
| in case OF sale of any railroad or railroads. any
part thereof constructed in process of construc-
| ton by any railroad company, by virtue of
i any trust deed or on any foreclosure of any mort
gage thereupon, the party or parties acquiring title
under any such sale, and their associates, sue
cessors assigns, shall have and acquire thereby,
land shall exercise and enjoy thereafter, all and
10
mmunities and advantages in and by said mort
,age trust deed enumerated and conveyed,
| Which belonged to and We're enjoyed by the com
| mny making suCh deed or mortgage. or contract
irr such debt far as the same relate and apper-
tam TO that portion of said road, or the line
| thereof mentioned and described in and conveyed
by said mortgage or trust deed and no further,
a. flly and absolutely in all respects as the cor
| poraors, Shareholders officers and agents of
such company might or could have done therefor,
had not such sale or purchase taken place. such
purchaser purchasers their associates success
sors OF assigns may proceed or organize anew By
filing articles of association and elecing directors
as provided in this act; and may distribute and
dispose of stock, take the same or another name,
and may conduct their business generally in the
manner provided by this act, and such purchaser
or purchasers and their associates shall thereupOn
be a corporation with all the powers, privileges
and franchises conferred by and be subject TO the
provisions of this act
Section IL. Any railroad company now existing
or hereafter organized under the laws of this
state may under the provisions of this act extend
its road from any point named in its charter
ticlpS branch roads
! from any point or points its line of road Before
making such extension or building any such branch
road, such railroad company shall by resolution oil
its directors to be entered in the records of its pro
ceedings, designate the route ofsUCh proposed ey.
tension or branch, in the manner provided in sec
ton of this act, and file certified copy of such
| record in the Office of the secretary of state and
| cause the same TO be recorded as provided in said
| section one, and thereupon such railroad comsany
shall have the right to make such extension o.
| build such branch the same if it had been au
thorized in its charter or articles of association
Section 13. In case any railroad company formed
under this act or organized under any law of THU
state shall not have acquired any real estate re
qured for the purposes of its Incorporation it sha
| have the right 10 acquire title to the same, il
| the manner and by the special proceedings pre-
scribed in this act.
Sec a. For the purpose of acquiring such tide
the said company may file petition praying fol-
the appointment of commits siCners of appraisal by
the circuit court or the judge thereof of the cir
cult in which the real estate described in the peti
ton is situated. Such petition shall be signed anC
verified by the attorney or some other authorized
officer of the company. IL must contain desCrip
ton of the real estate which the company seeks tC
acquire, and must in effect state hat the company
is duly Incorporated and thati 1t is the intention o
the company, IN good faith to construct and tinisI
a railroad from and to the places named for tina
purpose in its articles of association or charter tina
the company has surveyed the line or route of it,
| proposed road over the lands described in such be
| tition, and made map and survey thereof +,
which such route or iue is designated, and has 10
Gated its road according TO such survey. and ileC
certificates of such location, signed by the en9in
OF the company, IN the once OF The
deeds of the county in which such real estate i.
situated, that the land described in the petition
is required for the purpose of constructing ope
rating the proposed railroad and that the compan,
has not acquired title thereto. The petition mu
also state the names OF the parties who are in pos
session of, or who own have, or claim to own O
have estates interests of record in the said rea
estate, and if any such persons infants thei
ages, as near may be, must be stated and if an,
such persons are idiots or persons of unsount
mind, or unknown, that fact must be stated to
rether with such other allegations and statement 50
: liens or membranes said real estate as th
T | company fit TO make. The petition shall
be filed in the Office of the clerk of the cirCui
court of the county in which the land is situated
l and from the time of filing the same the proceed
I ing shall be considered a suit pending in the cir
1 cult court Of such county. a notice of the film
= of such petition and Of the time when and pac
: where the same will be presented, and application
e for the appointment of commiss ioners made I
said court or judge, referring by general descrI
ton to the land TO be taken, and addres sed to tn
parties in possession, and the owners of such Ian
as named in the petition shall be published in
;, newspaper published in the county where the sal
real estate il situated for three successive week
prior to the day of such application and if there
:, no newspaper published in such county, then sue
: notice shall be so published in newspaper put
D lished in an adjoining county.
&c IS. On presenting such petition to tn
court or judge, afore said, with proof of pubcl
/ ton of notice aforesaid, all or any of the PEE
: whose estates or interests TO be af1ecte
/ by the proceedings, may show cause against gran
ing the prayer of the petition. If it shall appea
from said petition that any of such persons il
} ! fants, idiots or persons OF unSound mind tn
| court or judge may, upon notice to their guardia
e committee, If they have any. and il not withOu
further notice, appoint guardian al HteBa, to az