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road, and also such lands adjacent to the line of said route beyond the said limits of one hundred feet, as the chief engineer of said company shall declare to be necessary in building said road, or for the purpose of erecting depot buildings, station houses or other fixtures and grounds about the same, for the operation and business of said.road, or for making drains and giving a proper direction to water courses, or for diverting or changing the channel of water courses across or along said road, or for the purpose of removing such substances and things as may endanger, obstruct or interfere with the free use of said road, or for the purpose
of making deep cuts or excavations, or for the purpose of obtaining earth, gravel, timber, stone or material for embankments, structures or superstructures necessary to the construction of said road, subject however to the payment of such compensation as the company may have agreed upon to pay therefor, or as shall be ascertained in the manner hereinafter provided; and when such compensation shall have been paid or tendered the title to said land shall vest in said company in fee simple, and the said company shall have the right to hold the same; and whenever in the opin. ion of the company the same or any part thereof shall be no longer necessary for the purposes for which the same was taken, the said company is hereby authorized to lease or sell the same or any part thereof in fee sim
ple. Shall pay full
SECTION 14. The said company shall have the value of land. right to enter upon any lands required for their use as
provided in the thirteenth section of this act, and to survey and lay out said road, not exceeding one hundred "feet in width ; and the said company shall, if possible, agree with the owner of said lands as to the amount of compensation to be paid for such lands, whether such person shall own or possess the legal or equitable title to the same, or any lien or incumbrance on the same; and if the person or persons owning or possessing such legal or equitable title, lien or incumbrance shall be a minor, non compos mentis, insane or
under any legal disabilities, then with the guardian of When cannot such person ; and if said company cannot agree with damages to be or ascertain who is such guardian or owner, then the
question of compensation shall be submitted to an arbitration in the following manner, to-wit: the said
company shall select a disinterested arbitrator, and such Proceedings for
appraisal of owner or guardian shall select another, who shall be dis- lands. interested and not akin to the owner or agent of such land, and should the persons so selected as arbitrators refuse or neglect or should such owner or guardian neg. lect or refuse to choose such arbitrator for the space of five days after being notified by said company to do so, or in case said company cannot find such owner or guardian, then, in either case, the judge of the probate or the chairman of the county board of supervisors of the county in which such lands lie, shall, upon application being made to either of them by the president or by a majority of the directors of said company or by its legally authorized agent or attorney, appoint three competent persons to act as arbitrators, who shall not be akin to the claimant, and who are not stockholders in said company; and the said arbitrators shall proceed to examine the premises and to make an award of the amount of compensation which shall be paid by said company to such person or persons for the land so taken, and shall deliver a copy of their award in writing to each of the parties, and if the amount awarded by such arbitrators shall be more than said company had previously offered to pay, the said company
pay all expenses of said arbitratian ; if it shall be less, then the other party shall pay such costs; and either party may, within ten days after receiving a copy of such award, appeal from the same to the court having jurisdiction for the county in which such lands are situated, by giving a written notice of such appeal to some one of the arbitrators; and when the arbitrator receives such notice of appeal, it shall be the duty of the arbitrators to certify all their proceedings to said court, and the said court shall enter said case on his docket, setting down the claimant or claimants as plaintiff and the said company as defendant, and the said court shall proceed to ascertain the amount of compensation to be paid by said company to said complainant, taking into consideration all the facts and circumstances, all the rights said company acquired by this act, and all the benefits received by the complainant from said railroad ; and the said court shall thereupon proceed to hear, determine and render judgment in favor of said complainant, against said company, as in other cases tried in said court, and if the amount so
found for such complainant shall exceed the amount so found by said arbitrators, the judgment shall be rendered against said company for costs; and if it shall not exceed the amount so found by said arbitrators, the judgment shall be rendered in favor of said company for costs and against said claimants, and when such compensation, so ascertained according to the provisions of this section, shall be paid or tendered to the parties entitled to the same the title to said lands shall vest in said company in fee simple, and a copy of such award or judgment filed and returned in the proper deed book in the office of the register of deeds of the county in which the lands lie, shall be sufficient evi
dence of such title. And the said company shall have Pending pro. full power and authority, pending all such proceedings, pany may use and until they shall refuse to pay the compensation so
to be ascertained as aforesaid, to use, occupy and enjoy the peaceable and uninterrupted possession of said land or lands for all purposes of said corporation, and they shall not, while such proceedings shall be pending or until such refusal, be disturbed in such possession, use, occupancy and enjoyment by any proceedings at law or in equity. The said arbitrators shall before they enter upon the duties of their appointment, severally, take and subscribe an oath to faithfully and honestly decide between the parties, which oath shall be taken before some person authorized to administer oaths, and
shall be retnrned with the award. Competency of SECTION 15. No person shall be incompetent to be a
witness or give testimony in a suit or proceeding at law or in equity, in which the railroad company shall be a party, but no person shall be qualified to discharge the duties of judge, justice of the peace or juror, in any suit or proceeding, who is a stockholder
in said company. When may de mand freight.
SECTION 16. On the completion of said railroad or any part thereof, not less than three miles in length, it shall and may be lawful for the company to demand and receive such sum or sums of money for freight or passage, and freight of persons and property, as they
shall from time to time think reasonable. Penalty for in
SECTION 17. If any person shall wilfully and knowingly injure or destroy the railroad so to be constructed by said company, or any part thereof, or any work, building or machinery attached to or in use
jury to road
upon the same, belonging to said company, or shall wilfully and maliciously place any obstruction or thing upon the track of said road, such persons so of. fending shall each of them, for every such offense forfeit and pay a sum not exceeding three times the amout of damages caused by such offence, which may be recovered in the name of said company, by action of debt in any court having competent jurisdictin in the county wherein the offense shall be committed, and shall also be subject to indictment, and upon conviction of any such offense, shall be punished by im. prisonment in the county jail not less than three months, and not more than six months in the discretion of the court.
SECTION 18. This act is hereby declared to be a Pabħic act. public act, and shall be favorably construed to effect the purposes herein intended, and copies thereof printed by authority of the state, shall be received as evidence thereof in all cases; and this act shall be in full force and effect from and after its passage.
Approved March 6, 1868.
[Published March 20, 1868.]
AN ACT to legalize the proceedings of the board of supervisors of
the town of Hamilton in La Crosse county.
The people of the state of Wisconsin, represented in senate
and assembly, do enact as follows:
SECTION 1. All the acts and proceedings of the su- Legalized. pervisors of the town of Hamilton in La Crosse county in laying out and recording public highways therein, and all roads heretofore laid out and recorded by them in said town are hereby declared legalized and valid; and the said roads so laid out and recorded are hereby declared public bighways.
SECTION 2. This act shall take effect and be in force from and after its passage.
Approved March 6, 1868.
The secretary of state of the state of Wisconsin does hereby certify, that the laws published in this book have been compared with the originals deposited in this office, and that they appear to be correctly printed. In testimony whereof, I have hereunto set my hand
and affixed the great seal of the state, at the сар[L. s.] itol, in Madison, this 23d day of July, A. D. 1868.
THOMAS S. ALLEN, Secretary of State.