Location of road, etc.

and authority.

SECTION 10. The said company shall have power to locate, build, construct and perpetually to have, use, operate and enjoy a railroad with one or more tracks or railways from any point on the Horicon division of the Milwaukee and St. Paul railway at or east of the village of Schleisingerville, in the county of Washington, to the village of West Bend, in said county of Rights, powers Washington, and said company shall have the perpetual right, power and authority to transport, take and convey property and persons upon said road, by the power and force of steam or by animals or any mechanical or other power or combination of powers; and from time to time to receive and store any property in any of the depots, storehouses or warehouses of said company, and to make and contract [construct] all such turn-outs, side-tracks and connecting tracks as they shall think will promote the interest of said company; and to erect, construct and use all such depots, stationhouses, warehouses, carhouses and shops, and all other fixtures useful for the accommodation of said company and its road and those using it; to purchase and own rails, chairs, spikes, engines, cars and all things necessary or useful for the construction and operation of a railroad.

May borrow money and issue bonds.

SECTION 11. The said company is authorized and fully empowered in its corporate capacity, to borrow any sum or sums of money from any person or persons, corporations or bodies politic of any kind, and for any rate of interest which may be agreed upon by and between said company and any party of whom such money may be obtained, any law on the subject of usury to the contrary notwithstanding; and to make, execute and deliver in or out of the state, all necessary writings, notes, bonds, mortgages or other papers and securities, in amount or kind as may be deemed expedient by said corporation, in consideration of any such loan, or in the discharge of any liabilities they may incur in the construction, repair, equipment or running of said road, and to make, execute, sell and deliver, at private or public sale, in or out of this state, bonds in such sums and in such amounts, payable at such times, and bearing such rates of interest as shall be deemed expedient by said company, secured by a mortgage apon the whole or any part of the railroad of said

company, with its equipments, fixture and appurtenances; and the powers of said corporation for the purposes aforesaid, and for all purposes necessary to carry out the objects of said company, are hereby ratified and confirmed, and the contracts and official acts of said company declared binding in law and equity upon said corporation and upon all other parties to such

contract.

railroad along or across high

SECTION 12. Said company shall have the right May construct and authority to construct their railroad upon and along, across, under or over any public or private ways, etc. highway, road, street, plank road or railroad, if the same shall be necessary; but the said company shall restore such highway, road, street, plank road or railroad to its former state, so as not to impair the usefulness of the same, so far as it can be done consistently with the rights and privileges hereby granted to said company, or make compensation for the same as provided for in section fourteen of this act; and said company shall have the right and authority to erect and maintain all necessary bridges for the use of their rail- May erect bridges, etc. road, over any stream of water or watercourse, at such points of crossing the stream as they may locate the said road, with all necessary abutments, piers or other foundations; but nothing in this act contained shall be construed to authorize the erection of any bridge or any other obstruction across, in or over any stream or lake navigated by steam or sail boats, at the place where any bridge or other obstruction may be proposed to be placed, nor to authorize the construction of any railroad not already located in, upon or across any streets in any city or village, without the assent of the corporation of the same, and shall restore such stream which may be obstructed or diverted in the progress of the construction of said railroad, to its natural channel. SECTION 13. It shall be lawful for said company, Mayer their officers, engineers and agents to enter upon any land for the purpose of exploring, surveying and locating the route of said railroad, doing thereto no unnecessary damage; and when the route of said railroad shall be determined by said company, it shall be lawful for them, their agents, officers, engineers, contractors, employees and servants, at any time to enter upon, take possession of and use any such land, not exceed ing one hundred feet in width, along the line of said

May enter upon

Shall pay full value of land.

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 provid ed; 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 opinion 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 simple.

SECTION 14. The said company shall have the 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 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

When cannot

agree, how

assessed.

appraisal of

company shall select a disinterested arbitrator, and such Proceedings for 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 shall pay all expenses of said arbitration; 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

Pending propany may use

ceedings compremises.

Competency of witnesses.

When may demand freight.

Penalty for injury to road.

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 evidence of such title. And the said company shall have full power and authority, pending all such proceedings, 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 returned with the award.

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.

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.

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