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First officers. in the by-laws. The first officers of the said society

shall be Henry Pease, president, J. S. Douglass, vicepresident, H. B. Dale, secretary and T. J. Patchin, treasurer, who shall hold their respective offices until an election of officers shall be had at an annual meet. ing as herein provided.

SECTION 9. This act shall take effect and be in force from and after its passage.

Approved February 28, 1868.

CHAPTER 152.

AN ACT to incorporate the “Blue river valley railroad company."

Corporators.

Name and powere.

The people of the state of Wisconsin, represented in senate

and assembly, do enact as follows:

SECTION 1. That Peter De Witt, William Gaston, Edward Bell, Joseph N Keith, John Allen, O. D. Mills, William 0. Thomas, Henry Eastman, A. P. Hammond, Robert Chandler and Joseph Lincoln are hereby made and constituted a body politic and corporate by the name and style of "the Blue river railroad company," with perpetual succession, and by that name and style shall be capable, and are hereby em, powered and authorized in law, of taking purchasing, holding, leasing, selling and conveying real and personal estate and property, so far as the same may be requisite and necessary for the purposes hereinafter men. tioned, and in their said corporate name may sue and be saed, plead and be impleaded, defend and be defended, in all courts and places; to have a common seal which they may alter and renew at pleasure; to have a capital stock of one million dollars, to be divided in shares of one hundred dollars each, which sad capital may be increased from time to time by a vote of the majority of the directors of this corporation, to any sum requisite for the completion and fulfillment of the objects and purposes of the corporation hereby created; and the said above named persons shall be and constitute the first board of directors, and are hereby vested with and may have and exercise all franchises,

powers, rights, privileges and immunities, which are or may be necessary to carry into effect and complete, use and enjoy the purposes and objects of this act hereinafter set forth.

SECTION 2. Said directors sball organize the board Board of direc. as soon as practicable after the passage of this act, by officers. electing one of their number president, and by appointing a secretary and treasurer, which organization shall be certified by said directors, or a majority of them, and such certificate shall be recorded in the record books of said company, and said record shall be sufficient evidence of such organization, and a certified copy thereof under the seal of said corporation, shall be received in all the courts of this state as evidence of the facts therein stated, and said directors shall hold their offices until the first Wednesday in October following their organization, and until their successors shall be elected and qualified as hereinafter provided. All vacancies in said board may be filled by a vote of two- Vacancies. thirds of the directors present at any regular meeting of the board, or at a special meeting called for that purpose. SECTION 3.

The said company are bereby authoriz. May locate and ed and empowered to locate and from time time to alter operate road. change, relocate, construct, reconstruct and fully to finish, perfect, operate and maintain a railroad with one or more tracks, propelled by horse or steam power, from some point on the Milwaukee and Prairie du Chien railroad in Grant county, to some point on the military road or ridge at or near the town of Wingville, in such a direction as shall be selected and determined upon by a majority of the directors of this company, and to determine and locate the line of said railroad upon such route and line, between said points as may be deemed proper and advantageous by said company. Said company are hereby authorized and empowered to commence the construction of any portion of said railroad at such place and places along the line of the route to be selected by said company, as it may be deemed expedient and advantageous so to construct the same by said company. And the said company are further authorized to use and operate said railroad, and shall have power and authority to regulate the time and manner in which goods, effects and persons shall be transported on the same, and to prescribe the

20 P. & L LAWS.

Termini.

of way.

manner in which said railroad shall be used, and the rate of compensation for the transportation of persons or property thereon, and for the storage of merchandise and other property under their charge; and shall have power to provide all necessary stock and materials for the operation of said road, and shall bave power to erect and maintain all necessary depots, stations, shops and other buildings and machinery for the ac

commodation, management and operation of said road. Subscription of capital stock.

SECTION 4. Said directors shall, as soon after the passage of this act as practicable, open books for the purpose of receiving subscriptions to the capital stock of said company at such places along the line of said road and elsewhere as said directors shall determine, under the direction of such agents as said directors shall appoint and said books shall be kept open from time to time until the amount of said capital stock shall be subscribed, or until said directors shall deter

mine to close the same. Proceedings for SECTION 5. It shall be lawful for said company, obtaining right

their officers, engineers and agents, to enter upon any land for the purpose of exploring, surveying and locating the route of said road, doing thereto no unnecessary damage; and when said route shall be determined by said company, it shall be lawful for them, their agents, officers, engineers, contractors and servants, at any time to enter upon, to take possession of, and use such lands not exceeding one hundred and fifty feet in width, along the line of said route, subject, however, to the payment of such compensation as the company may have agreed to pay therefor, or such as shall be

ascertained in the manner hereinafter directed and May enter upon provided in such cases respectively. And said comlands adjacent pany are further authorized, by their officers, engineers,

agents and servants, to enter upon lands adjacent to the railroad, beyond the limits of one hundred and fifty feet, in the manner provided in this act, when necessary for the purpose of erecting depot buildings, station houses, and necessary fixtures for the operation, and for the business of said road, and for the purpose of making drains, and giving a proper direction to water courses across or along said road when the same are necessary beyond the limits of said road, and to remove all substances and things which might endanger, obstruct or interfere with the free use of said road,

Judge may ap

and to deposit earth, gravel or stone, taken from cuts, and to obtain earth, gravel, stone and any other materials for embankments and structures necessary to the construction and repairs of said road, doing, however, no unnecessary damage, and all lands so required, and all damages which shall be done to any lands or property under the provisions of this section, shall be ascertained and paid for in the manner and agreeable to the provisions hereinafter provided; and when such damage shall have been paid for or tendered, the title to the land occupied by such railroad fixtures, excavations and embankments, shall vest in fee simple in said company. It shall be lawful for any judge of the point appralecircuit courts of this state on application of the said ere. company, either in term time or vacation, and at the cost of said company, to appoint three disinterested persons residing in the county where such lands are situated, not of kin to the owner or owners thereof, whose duty and charge it shall be to view and examine any lands so taken in said county, with the buildings and improvements, if any, thereon, and to estimate the value of the lands so taken or required by said company, and all damages which the owner or owners thereof shall sustain, or may have sustained, by reason of the taking of the same for the construction and use of said road, or works appertaining thereto, taking into consideration the advantages as well as the disadvantages of the same by reason of the construction and operation of the road, to the owner or owners. And when said commissioners are so appointed they shall act in all cases arising in said county requiring the action of commissioners, whenever said company shall be unable to agree with the owner or owners of said land; but if for any canse either or all of said commissioners shall become disqualified to serve, or their place or places become vacant, such vacancy or vacancies may be filled in the same manner that the original appointment was made. And it shall be the duty of the Notice of upsaid company to give two weeks' notice of their appli- pointmoing of cation to a judge of the circuit court for the appoint

commisioners. ment of the said commisssouers, to be published for two successive weeks in a newspaper published in the county in which said land may be, and the affidavit of the publisher or printer shall be legal evidence of such publication; and the persons so appointed, before

entering upon the discharge of such duties, shall take an oath before some justice of the peace, or other person competent to administer oaths, faithfully and accor. ding to the best of their abilities to examine the several pieces or parcels of land so taken or required by said company, and impartially to estimate and appraise the value of the same and the damage or injury which the owner or owners of each piece or parcel thereof shall have sustained, or may sustain by reason of the taking and using thereof by the said company, over and above the benefit and advantages which said owner or owners shall derive from the construction of said railroad, whereupon such commissioners shall proceed to examine the premises and estimate the value of such lands, the amount of the damages, if any, over and above the benefits and advantages which may accrue to such owner or owners as aforesaid, and shall make a report in writing of such valuation, under their hands and seals, to the clerk of the circuit court of the county in which the land lies; and it shall be the duty of said clerk to file the same and in case no appeal shall be made within twenty days after the filing of the said reports as hereinafter provided, then the said clerk shall report the samie at the expense of the said company, and judgment of the said court shall be entered thereon, either in term time or vacation, on motion of either party : provided, that either party may appeal to the circuit court of the county in which said lands shall be, within twenty days after said report shall have been filed in the clerk's office of said court, and such appeal shall be tried in the same manner as other issues are tried in said court, and the jury impannelled to try the same shall find the value of the land so taken or required by said company, and the damages which the owner or owners ereof shall have sustained or may sustain by the taking of the same, over and above the benefits which will accrue to such owner or owners from the construction of such railroad ; and judgment of the court shall be entered accordingly. Such appeal shall be taken by giving notice thereof to the clerk of said court in writing, and thereupon the clerk shall enter the same upon the docket of said court, setting down the railroad company as defendants, and the said claimant or claimants as plaintiff : provided, also, that it shall not be lawful for the said com

Appeale.

Notice to be given in wekmg.

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