Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1878-04-18
Published April 10, 1878.
CH PIER 2.lS

AN ACT to provide for amending the articles of
association of railroad in certain cases.
and relating to fencing railroads.
The eopIe of the state of Wisconsin represented in
senate and Assembly. do enact as follolcs:
Section l. Any railroad company organized I'M
resolution to be entered in the record Of Its pro-
ceedings, and adopted by vote of wo-thirds of
Of o or or SPECIAL eeng h Sa ese
for such purpose amend its articles of association
of an entirely new line of road from that speeied
in its original articles of association and from such
1eW routes and lines and to such Other point or
point; as may be sPefaed IN G S9e tb i IN
in the original articles of association and the
retsry OF Sd d IF tbe rec ce of M COPY or
ings of said directors upon the adoption of said
it shall thereupon be the duty of the governor if
shall appear from such certified copy that the re-
qurementS of this section have been complied
with to issue the said company new patent in
the form prescribed by section of said chapter llS
cles and referring to such articles of association
as amended; and said company shall thereupon be
toned in the original articles of association; pro-
vded that said articles of association shall not be
amended after any portion of said road shall have
been built or constructed, nor after any municipal
railroad, upon the line specified in the original
tceS of association except In the cases and in the
that municpaI aid NAV be granted TO anT suc6
company for the purpose of building and construct
ment and the SAID articles Of association as so
amended in the same manner and In all respects as
and construction of said railroad upon the line de-
signated in such original articles of association.
Section . All the railroad companies in this
state, whose roads have been in operation two
years more in carrying goods and passengers
are hereby required to fence the same and to con,
struct the necessary farm crossings and cattle
guards wherever SAID roads or portions thereof
have been so running through Enclosed lands or
through lands that may hereafter be inciosed. All
fences four and one-half feet high and i'll good re-
pair, consisting of rails, timber, boards stone
walls, or any combination thereof, sufficient to
try thereon of cattle and other animals, shall be
visions of this act; prorded however, that this act
shall not be construed to require the construction
their lines where by reason of the proximity of
rivers, brooks, ponds bitches, hills. embankmentS
der to prevent cattle other animals from stray
ing or going upon the right of way track; and
pliance with this law if amy railway company shall
erect and maintain in any place where required by
ing of two barbed wires and one smooth wire, with
~ fastened 10 posts not more than two rods apart
with one stay between the posts, the top wire to be
eight, and the bottom wire not less than sixteen
inches from the ground, or four smooth wires with
Stays not exceeding eight feet apart, the top wire
to be not more than fifty six inches high nor less
than forty-ciGht and the bottom wire not less
than sixteen inches nor more than twenty inches
from the ground
Section g. Any owner or occupant of such lands
nclosed, or that may hereafter be incosed, if the
railroad company, whose tracks run through such
lands refuses or neglectS to comply with the
quirementS OF the preceding sections, may give o.
tice i'll writing to such company to fence its roads
SO running through his premises, and to construct
the necessary farm crossings and cattle guards
thereon, and if such company, after being so not-
fed, shall refuse neglect for the space of three
months To fence its road and to construct the
necessary farm crossings and cattle guards, 1t
shall be liable to pay to the owner or occupant of
such premises the sum of one hundred dollars for
each and every month thereafter, long It shall
continue to refuse neglect to fence its said road
and TO construct said farm crossings and cattle
guards as aforesaid. Provided that the time be-
tween the first day of November and the first day
of May i'll any year shall be excluded from and not
included i'll the three months as aforesaid.
section shall be signed by the person owning or oc
cupyinS the land, and shall contain description of
the premises owned occupied, and may be
served on theprGSidcnt, general manager or Supern-
tcndent of such road, any agent having charge
of station on such road by leaving copy thereof
with any of said officers,
Section 5. Upon the trial of any action arising.
under this act against such railroad company it
shall not be necessary for the plaintiff TO prove
ownership of the land. but the proof of possession
of the premises shall be deemed sufficient to cntite
him to sustain such action.
Section &. Every justice of the peace shall have
concurrent jurisdiction with the circuit court of the
county wherein such action may arise against any
railroad company not complying with the proviS-
ions of this act
Section T. All acts or parts of acts contrayeninr
the provisions OF this act are hereby repealed.
Section 8. This act shall take effect and force
from and after its passage and publication.
Approved March 20, 1873