Year: 1872

/ O.
revised statutes of Wisconsin, for the purpose 0


building railway in this state, may by vote of it


board of directors, increase its capital stock to a.


amount not exceeding twenty-five thousand dollar
! for each mile of railway which said railway corpora


ton may by its articles of association contemplat


building in this state, and said capital stock may
| divided into shares of one hundred dollars each.
| Sec2. Every such railway corporation may hol


such real estate in fee simple, within this state as
/ may acquire by purchase or otherwise, and ma


proper officers, at pleasure.


| Sec 3. No such railroad company shall ever sc


up the defense of usury against the holder OF


bond or other obligation for the payment of money
| issued by said conp3ny.


| Sec 4 Any mortgage or deed of trust executed
| by any such railway company may be recorded il


the office OF the secretary of state, in book to b.
| kept for that purpose, and such record shall hav


the same effect as if such mortgage deed of trus


was recorded in the several counties through which
such road may run.


Sec. 5. Any such railway company shall have au


thority and power, and is hereby authorized anG
empowered, by its officers, engineers and agents
to enter upon any land for the purpose of exploring
surveying locating determining the route of its
railroad and when the route of said railroad shall
be determined by said company by resolution
adopted by the board of directors, the company
shall have authority and power, and it is hereby
th rized and empowered, by its agents, officers, en-
gneers contractors employees and servants to enter
upon, take possess occupy and use any land, along
and including the line of said route, not exceeding
one hundred feet i'll width and the said company
shall also have authority and power, and it is here


by authorized and empowered, at any tine to enter
upon take possess, occupy and use any other lands
beyond the limits of one hundred feet which shall
be necessary for the of said company, for the
purpose of erecting depot buildings stopping stages,
station houses, freight houses, ware houses engine
houses, machine shops or for buildings or fixtures
of any kind, or grounds about any buildings, houses
or fixtures for the convenient operation of the bus
ness of the road or for the purpose of removing
such substances and things as may endanger, OBJ
struct with the free of said road, for the pr
TlDC of q
purpose of depositing earth, gravel stone, for
the purpose OF obtaining earth, gravel, stone, or
other material for emba knents structures or super
structures, necessary to, or for the construction
completion, alteration, maintenance, preservation
and complete operation of said railroad: and copy
of said resolution duly certified by the secretary of
said company shall be recorded in the Office of the
register of deeds of the county iD which the lands
described in the resolution shall ie and ell private
property which the said company is ny this act


authorized to take is hereby declared to be taken for
public use And the said company shall at such
time and in such is prescribed by this act
pav the full value of all lands taken, possessed
occupied or used, and all damages to the owner or
owners by reason of such taking, which value and
damages shall be ascertained in the manner herein
after provided, and whenever the same shall have
been paid, rendered and deposited provided in
this act the title in and to any and all such lands shall
become vested in said company for the purposes of
said railroad.


Sec g. Whenever the line of any such railroad
shall be located and its route determined the said



for the county through which it passes, or to the
judge thereof in vacation, for the appointment of
three commissioners to make an appraisal and award
of the value OF any and all lands which are private
property of any person the line of said railroad,
and which the said company shall have entered up
on, taken, possessed occupied or used, or which it
may thereafter enter upon take possess, occupy
use said lands the said commissioners to be paid by
the railroad company. The said company snail give
notice of its intention to apply for the appointment
of such commissioners by publishing the same at
Iaas ten hearing
cation in at least one newspaper published in the
county in which said lands shall be; and upon an
affidavit of the publication of the same, the court
judge to whom the application shall be made, shall
appoint three commissioners. who shall have cOgni
zanea of all cases arising the line of tle route of
said railroad and they shall proceed to examine the
premises in each case separaJ ely having fst given
such notice they may deem reasonable, to the
owner and at least five days. personal notice to such
owner if resident in the county; and whenever it
shall appear to said company its officers that the
title of such land is in dispute or that several parties
claim interest therein BY tax saes tax titles incum
brances liens or equitable claims, the said commits
sioners shall, upon request of said company or its
officers, give notice to all persons claiming any
terest in such lands, whether owners, 1ncunbran
GERS or otherwise and when the person to be noti
fed has known residence in this state within the
knowledge of such commissioners, the notice may
be by publication in newspaper for such length of
time the commissioners shall deem reasonable,
not less however than three weeks; and after making
such examination, the said commissioners, or a
majority Of them, shall in each separately make
an appraisnent and award of the value of the land
so entered upon, taken possessed, occupied or used
by said company for any Of the purposes aforesaid,
at the time when the same was entered upon and
taken, and shall deliver copy of their award, in
each to said company, and shall file another in
the Office of the clerk of the circuit court of the
county in which said lands shall be, with the costs
of the award taxed upon each of said copies: and if
neither party shall appeal from said award in the
hereinafter provided, the said circuit court,
on motion of the party in whose favor any award
shall have previously been paid, shall enter upon
Judgment in conformity with such award. And III
either Of said commissioners shall die resign or
decline act, the said court judge shall appoint
another commissioner in his stead The said COM
pany or any party receiving notice from said COM
mIssloners as aforesaid, may, within thirty days
after such award shall have been filed with the clerk
as aforesaid, appeal from the same to the circuit
court for the county in which such award shall be
fled, by fling with the clerk of said court
a written notice of such appeai Upun
receiving such notice. the ssid clerk shall enter the
appeal upon the docket of the court, setting
down the owner CT owners, and the p rson or per-
sons claiming any interest in said land embracing
all persons having received such notice from said
plaintiffs, and the said company
as defendant and the said court shall proceed to
hear AMI determine such in the same manner
that other heard and determined in such
COURT and all issues of fact arising therein shall be
tried by a jury, unless jury be expressly waived
by both parties The appellant shall not be entitled
TO have the case tried at any term of said court
less he shall give notice to the appellee his attor
1ey, at least ten days before the first day of the
u
in case the appellee has no known residence III this
state attorney of record residing therein such
notice may be given. In all cases the appellee may
waive such notice, in which case the same rule for
trial shall be applicable to it to other cases in said
court. After the hearing of such case the Jury. or
jury be waived, the court shall assess the value
Of the land entered upon taken, possessed ocCu-
pied and used by the said company, at the time
when the same entered upon and taken, and
the damages arising therefrom, and fter such as
sessment the court shall proceed to render judg-
20 &c
assessment IN favor of the plain tiff or Plaintiffs ia
such If the amount assessed in favor of u
said plaintiff or plaintiffs shall exceed the amount
awarded oy SAID commissioners, with interest at the
rate OF seven per cent. per from the time of
such award to the time of such assessment by the
jury or the court, then Judgment shall be rendered
against said company for costs, and if it shall not
exceed such amount and interest as aforesaid then
judgment shall be rendered in favor of said compa-
ny for COSTS and against the said piaintifnr plain
tiffs, and execution may issue accordinglv Either
party shall be entitled to change of venue for tbe
trial Of such cases on affidavit fled stating the be-


lief of the person making the affidavit that a fair
trial cannot otherwise be had. The change of venue
shall be to the nearest county where fair trial can
be had. The Judgment of the circuit court may be
reviewed on appeal writ of other cases at
law. Whenever the commissioners shall make an
award as aforesaid, and appeal shall be taken
from the same, whenever il case of appeal final
Judgment shall be rendered, it snail be the duty of
the company, and not before, to pay to the party
entitled to the same, the amount of said award or
Judgment and in any where there shall be any
lien, incumbrance tax sale, tax title or equitable
claim to upon the land any part thereof, which
is the subject matter of such award or Judgment
when more than one person shall be entitled to or
shall set up any claim to the amount of such award
or Judgment or any part of it, or when the person
entitled receive the shall not have any known
residence within the state, the said company may
deposit the amount of such award when there is no
appeal, with the clerk of the court with whom the
award in the shall have been filed; and in case
of an appeal and judgment thereon, the company
may deposit the amount of such Judgment with the
clerk of the circuit court in which such Judgment
shall have been rendered, and the money SO deposit
ed in either case shah be paid by order of the
circuit court to the person persons who shall be
adjudged to be entitled to receive the same, and
whenever the amount of such award judgment
shall have been paid, rendered deposited afore-
said, the company shall have authority TO take
and occupy the land for all the purposes of its rail
way and the operation of the same and all persons
so receiving notice from the said commissioners,
ID all persons claiming under them, shall be Tor
ever concluded from questioning the title so ac-
quired by said company.


Sec. 7. That any such railway company shall have
the right authority and power, and it is hereby au
thorized and empowered, to construct its railroads
across, over under any railroad 1t may lnersect
upon and along across, under or over any public ol
private highway, road, street, plankoad or railroad
if the shall be necessary but the said company
shall put such highway, road, street, plan ltroad OF
railroad in such condition and state of repair as moi
to impair interfere with its free and proper use