The Superior times. [volume] (Superior, Wis.) 1870-1912, 1872-05-04

said corporation to the owrcr and persons inter
ested in sucn lands. The same, when so taken,
Shall become part of such intersecting highway,
tnrnnike or plankroad, in such manner and by
such tenure as the adjacent parts of the same
biohway turnpike or plankroad may be held for
highway purposes.
tate required by any company formed under this
oct or any law of this state fer the purpose OF lis
incorporation, shall be vested IN any trustee not
authorized to SELL release and convey the same, or
in any infant, idiot or person OF unsound MIND, the
circnit court shall have power, by summary pro
ceeding on petition, to authorize ana empower
sncb trustee or the general guardian or committee
of such infant, idiot or person OF uhsonu nhu, 10
sell and convey the same 10 such company lor inc
nurDoses of its incorporation, on such terms as
NAV he inst and in case any such infant, idiot or
person Of unsound mind has no general guardian
or committee, the said court may appoint speclai
guardian committee, Tor the purpose ol hihlhS
Sucb sale release or conveyance, and may require
security from such trustee, general OF speCl guar
dian or committee as said court may deem proper;
But before any conveyance or release authorized
Inv This section shall be executed, the terms on
which the same is executed shall be reported TO
fhe court on OATH and if the court is sashed that
such terms are just to the party interested IN suSn
real estate the court shall confirm the report, ana
direct the proper conveyance or release TO De exc
cuted which Shall have the same effect as If exc
cuted by owner OF SAID lana, having leSa power
TO sell and convey the same.
Section 26 Whenever, by means OF an empank-
nlent, in the construction OF any railroad IN thls
state it shall be necessary to erect bridge or
arched culvert any highway, road or street. 1t
shall be lawful for any railroad company 10 con-
struct the same so as to give clear passage way
along the said highway, road or street 50 brldged
or arched, of twenty feet, or two passage ways OF
fourteen feet each. ,u
have located or constructed, which shall hcrcaf
fer locate or construct its railroad through any
university lands, school lands; swamp ana OYER oyer,
flowed lands, owned and held by this state, shall
have the right to take, occupy, use hold ana pos,
sess for the purpose of railroad, strip OF Ianq
one hundred feet wide, through or across es'c anu
OIL and IN - e,
over which said railroad Is or shall be constructed
This section shall not be construed as TO be ap
plicable to any lands that may be SOFA py inc stte
prior TO the actual survey and location OF any sucn
railroad line and the fling of plat OF such railroad
line in the Office of the secretary, az prescribed IN
Sec. 2s, Every such railroad company shall, as
soon as may be after the route OF ITS SAID ROAD
shall be definitely fixed, deposit with the secreta-
nv of state plat exhibiting all OF such lands
tbrourh which the route Of said ralroad shall run,
and the location of such route through the same,
and whenever any certificate or patent shal ne Is
sued for anv such lands the same shall contain an
eynress reservation for the use of said railroad
company OF all such lands as according 10 the pro
visions Of this chapter such company mas flsht 10
have. hold, occupy, use or possess
Sec 30 The commissioners of the school ard
university lands shall have power TO grant 10 any
railroad company any land belonging 10 the people
Of This state which may be required LOT lhe pu"-
noses of their road in excess of the hundred feet
provided for in section twenty-seven, upon such
terms and for such compensation as may DC asreeu
Sec 80. Every railroad company or other party
having the control or management OF a railroad
the whole or any part OF which shaI De iocdteu III
this state shall. and is hereby required 10 ereC'
and maintain good and stfcient fences on ootn
sides of such road, depot grounds eXcepteq,l OF
+bn beiGbt of four and half feet, with openings,
or Gates or bars therein, and suitable ana con.
yenient farm OssingS of the ROAD Tor the use OF
the proprietors of the lands ADJOINING such ran
road: and also construct and maintain cattle
Guards at all highway crossings, to prevent cattle
and other animals from getting on 10 such raj,
road Tn il such fences and cattle guards sh&li
he duly made the railroad company, lis agent or
agents the trustees, lessee, or other parties nay
inc control and management of any such road
shall be liable for all damages Whch snail Dc
done by the agents or engines 10 Cat'lc, id b
other domestic animals thereon, ocCasloheq ny
the failure to erect such fences or catllesurus as
herein required. :, :, al, 49,, J.,
and maintained the railroad company, or party
having control Of the road, small not DE llaoe i3r
anv such damages. unless willfully or negngeh!y
done And if any person shall ride. lead or drive
anv horse or other animal upon such ROAD, ana
within such fences and guards, other than at tle
farm crossings, without the consent OF the cor
poration party having control OF sucn Ioao,,
he shall for every such offense, forfeit sum not
exceeding ten dollars, to be recovered by sucn
company party In an action before any Je a
of the peace of the county wherein such ohense
is committed, and shalt also pay all damages
which shall be sustained thereby - the company
or party arrrieved. 1t shall not be lawful Tor
anv person other than those connected win or
emploved upon the railroad, to walk along the
track or tracks of any railroad, except Wnen the
same shall be laid along pubhcsroad5 or streets.
Sec 80 When such lenses cattle-guards or
crossings shall constructed as contemplated by
this act any person who shall willfully take down.
omen or remove the same, or any portion thefeol
or allow the same to be taken down, opened or re-
moved shall. upon conviction, be SUBJECT 10 d me
of not less than ten dollars nor more th?h Ilty cQ
lars and shall in addition thereto, be IlaDe 10 Ile
party injured for all damages resulting IRON the
taking down opening or removing OF such fence
cattle-ruard or crossings. This section snail not
rrrnlS 0,oS
bars or the opening of gates, for the purpose Oh
passing through the same; but any person VINO
shall take down bars open gates, ana nor liiie-
dotelv renIace or close the same shall be liable to
all the penalties provided for in TINS secloh ana an
roads hereafter built shall be fenced as required by
this act, within three months from INC tlie Vi Ooi
mencing to operate them. ,..,,,.
be held to affect, in any manner, any c9hlaoT h VI
tween any railroad company or other party, having
the control and management OF Falroad, ana lhe
proprietors and occupants OF lands aulolhlh5, LOT
the construction and maintenance OF any such
gates bars, cattle-guards and rallroad crossings.
Section 81. Wherever a railroad corporation IS
required by Law to fence its track or ralread orto
maintain or keep in repair any such fence, ana
shall neglect or refuse to build repair such fence
the may be, the owner or occupant OF tdie
which the said railroad track shall or may be laid
NAV give notice in writing to such corporation or
the lessee thereof, or the persons using such rail-
road to build within sixty days, or repair within
thirty days said fence as the case may be- after the
service Of such notice Such notice snail QescrlDe
the lard on which said fence is required to be bullt
or repaired and reference shall be given to this
act in said notice for the Information of said rail
road agent to whom the notice is given by the pro-
visions of this act. Service of such notice may be
made by delivering the same to any station agent
of said corporation or railroad company: pr0gjded,
such notice shall be given on some day between
the first day of April and the first day of October
Sec, So. In case the party so nOtlned snail re-
fuse or neglect to build or repair the fences on the
land described in such notice then it shall be law
full for the owner occupant OF such land required
to be fenced, to build or repair the same, as the
case NAV be: and the person so building or repair
inr such fence shall be entledfo the value therfeof
from such corporation or party actually occupying
or using such railroad, to be recovered with inter-
est at one per cent. per month, from the time such
fence shalt have been built repaired, as the
NAV be- in any proper form of action, together with
costs fees and disbursements to be taxed.
Sec So ANY railroad company in this state shall
have power and authority TO make and enter into
such contracts with any railroad company which
has constructed or shall hereafter construct any
railroad or railroads terminating upon the eastern
shore of lake Michigan, within the state OF Mlchl-
can. as will enable said companies to run their
roads in connection with each other, in such man
ner as they shall deem most beneficial to their ip
terest 1t shall be lawful for such companies to
buiId construct and run as part OF their corpo-
porate property. such number of steamboats, or
vessels as they may deem necessary to facilitate
the business operations of such company or COM
panies.
by one or more locomotives upon any railway
track shall come to full stop before arriving at
or crossing the track of another railroad, and
within fOur hundred feet thereof. and the train