River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1878-04-25
Published April 10. 1875. |
CHAPTER ass.

CHAPTER a2s.
AN All 10 provide for amending the articles
OF association OF railroad companies. in
certain cases, and relating to fencing rail-
roads.
The people OF the State OF Wisconsin, repre-
sented In Senate and Assembly, do enact
as follows:
Section |. Any railroad company organized
under chapter | ~ of the general laws of 1872
may by resolution, TO be entered in the record
oil It's proceedings, and adopted by 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 pro-
vide for the building and construction Of an
entirely new line OF road from that specified
In Its original articles of association, and from
such other new point or points, and upon
such other new routes and lines, and to such
other point or points may be specified in
such amendment in lieu of the building there
of upon the line specified in the original art-
Giles OF association, and the secretary of said
company shall file certified copy of such re-
solution and OF the record of the proceedings
ofsaid directors, upon the adoption of said res
olution in the office of the Secretary of State,
and 1t shall thereupon be the duty of the Gov
ernor, if it shall appear from such certified
copy that the requirements of this section
have been complied with, to issue the said
company new patent, in the form prescribed
by section l, of said chapter l19, reciting the
filing of such amendment to said articles, and
referring to such 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 as
ISOLATION shall not be amended after any por-
tion of said road shall have been built or con-
structed, nor after any municipal aid shall
have been granted for the building of such
railroad, upon the line specified in the origi-
nal articles of association, except in the cases
and in the manner now provided by law; and
provided. also, that municipal aid may be
granted to any such company for the purpose
OF building and constructing said railroad in
conformity with such amendment and the
said articles of association as so amended in
the same manner and in all respects as the
same might have been granted for the build
ing and construction of said railroad upon the
line designated in such original articles of as
ISOLATION.
Section 2. All the railroad companies in
this State, whose roads have been in operation
two years or more in carrying goods and pas
sen gers over the same or over 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 portions thereof have been so run
ming through inclosed lands or through lands
that may hereafter be inclosed. All fences
four and onc-half feet high and in good re-
pair, consisting of rails, timber, boards or
stone walls, or any combination thereof, suf-
ficient to protect the right of way and track
against the entry thereon of cattle ana other
animals, shall be deemed legal and sufficient
fences under the provisions of this act; pro
ti(ted, however, that this act shall not be con-
strued TO require the construction by railway
companies OF fences in places along their lines
where by reason OF the proximity OF rivers
brooks, ponds, bitches, hills, embankments, or
for any 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 further proeided, that 1t shall be
deemed a full compliance with this law if any
railway company shall erect and maintain in
any place where required by this act to erect
fences barbed wire fence consisting OF two
barbed wires and one smooth wire, with at
least torty barbs to the rod, the wire TO be firm
~ 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 forty-e!ght and the bottom wire
not less than sixteen inches from the ground,
or four smooth wires with posts not more
than two rods apart, and with good stays not
exceeding eight feet apart, the top wire to be
not more than ffty-six inches high nor less
than forty-eight 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 inclosed, or that may hereafter be in
run through such lands refuses or neglects to
comply with the requirements of the proceed
ing sections, may give notice i'll writing 10
such company to fence its roads so running
through the 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 months to fence its road and to con-
struct the necessary farm crossings and cattle
guards, it 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. so long as it shall continue to re-
fuse or neglect to fence its said road and to
construct said farm crossings and cattle
guards as aforesaid. Provided, that the time
between the first day OF November and the
first day of May in any year shall be excluded
from and not included in the three months as
aforesaid.
Section f. The notice mentioned in the
foregoing section shall be signed by the per-
son owning or occupying the land, and shall
contain description of the premises so own
ed or occupied, and may be served ON the
president, general manager or superintendent
OF such road, or on 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 lana, but
the PROOF OF POSSESSION Va tno Piomiooo ouaii
be deemed sufficient to entitle him te sustain
such action.
Section 8. 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 COM
plying with the provisions of this act.
Section T. All acts or parts OF acts con-
traveniug the provisions of this act are hereby
repealed.
Section g. This act shall take effect and
be in force from and after its passage and pub
LEGATION.
Approved March 20. 1878