Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1878-04-25
LAWS OF WISCONSIN.
tPuplished April 10, 1881
CHAPTER 900


AN ACT to provide tor amending the articles
OF association of railroad companies, in GER
tain cases, and relating to fencing railroads
The people of the state of Wisconsin, repre.
scented in senate and assembly, do enact as
follows:
Section ]. Any railroad company organized
under chapter ll9 of the general laws of 1872
may by resolution, to be entered in the record
of its proceeding, and adopted by a vote of
two-thirds of its directors at any regular meet
ing of the board of directors, or any special
meeting thereof called for such purpose amend
its articles of association so as to provide for
the building and construction of an entirely
new line OF road from that specified in its or
iginal articles of association, and from such
other new point or points, and upon such 9TH
er new routes and lines, and to such other
point or points as may be specified in such
amendment in lieu of the building thereof up.
on the line specified in the original articles of
association, and the secretary of said company
shall file certified copy of such resolution
and OF the record of the proceedings Of said
directors, upon the adoption of said resolution
in the office OF the secretary of state, and it
shall thereupon be the duty of the governor If
it shall appear from such certified COPY that
the requirements of this section have been
complied with, to issue the said company a
new patent, in the form prescribed by section
l OF said chapter ll9, reciting the filing of such
amendment to said articles of association as
amended; and said company shall thereupon
be deemed TO have abandoned the line or
route mentioned In the original articles of as
sociation provided, that said articles of asso-
citation shall not be amended after any por-
ton of said road shall have been built or con-
structed nor after any municipal aid shall
haun hap cd fnr tba Hut 4.
railroad, upon the line specified in the original
articles of ASSOCIATION, except in the cases and
in the manner now provided by law and pro
yided, also, that municipal aid may be granted
to any such company for the purpose of build
ing and constructing said railroad in conform
ty with such amendment and the said articles
of association as so amended in the same man
ner and in all respects as the same might have
been granted for the building and construction
of said railroad upon the line designated in such
original articles ofassociation.
Section 2. All the railroad companies in
this state, whose roads have been in operation
two years or more IN carrying goods and pas
sengers over the same or any portion of such
roads, are hereby required to fence the same,
and to construct the necessary farm crossings
and cattle guards wherever said roads or por-
tions thereof have been so running through
inclosed lands or through lands that NAV be
hereafter inclosed. All fences four and one
half ieet high and in good repair, consisting of
rails, timber, boards or stone walls, or any
combination thereof, sufficient to protect the
right of way and track against the entry there
on of cattle and other animals shall be deemed
| legal and sufficient fences under the provisions
of this act; provided, however, that this act
| shall not be construed to require the construc-
| ton by railway companies of fences in places
along their lines, where by reason of the prox-
unity of rivers, brooks, ponds, bitches, hills,
embellishments, or for other cause not necessary
| to fence in order to prevent cattle or other
animals from straying or going upon the right
of way or track: and pro0ided further, that il
| shall be deemed full compliance with this
law il any railway company shall erect and
maintain in any place where required by this
act to erect fences, a barbed wire fence con-
| sisting of two barbed wires and one smooth
wire, with at least forty barbs to the rod the
| wire to be firmly fastened to posts not more
than two rods apart with one stay between
the posts the top wire to be not more than So
inches high, nor less than AS and the bottom
wire not less than sixteen inches from the
ground, or four smooth wires with posts not
! more than two rods apart, with good stay not
exceeding eight feet apart, the top wire to be
not more than fifty-six inches high nor less
than forty-eisht. aud the bottom wire not less
| than sixteen inches nor more than twenty in
ches from the ground.
Section 3. Any owner or occupant of such
| lands inelosed, or that may hereafter be in.
| closed. il the railroad company, whose tracks
run through such lands, refuses or neglects to
| comply with the requirements of The preceding
| sections, may give notice in writing to such
| company TO fence its soads so running through
| his premises: and to construct the necessary
| farm crossings and cattle guards thereon, and
| if such company, after being so notified, shall
refuse or neglect for the space of three month:
TO fence its road and to construct the neces
| sary farm crossings and cattle guards, it shall
| be liable TO pay to the owner or occupant o.
| such premises, the SUN OF one hundred dol.
lars for each and every month thereafter, Sc
long as it shall continue to refuse or neglect Il
fence its said road and TO construct said farm
crossings and cattle guards as aforesaid Pro
| vided, that the time between the first day o
November and the first day of May in any yea
shall be excluded from and not included in tn,
three months as aforesaid
Section T. The notice mentioned in III,
foregoing section shall be signed by the perso,
owning or occupying the land, and shall con
tain description OF the premises so owned o
occupied, and may be served on the president
general manager or superintendent of sue
road, or any agent having charge of static
on such road, by leaving copy thereof wit
any CT said officers
Section S. Upon the trial OF any aotio
arising under this act against such railroa
company, it shall not be necessary for tn
plaintiff to prove ownership of the land, bu
the proof of possession ofthe premises shah
deemed sufficient to entitle himto sustain sue
action.
Section 6. Every justice of the peace shal
have concurrent jurisdiction with the circui
1 N Tho xrba II aoks.