« ForrigeFortsett »
Appraisers of damages.
have been ascertained in the manner hereinafter di rected.
SECTION 9. Whenever it shall be necessary for said company to enter upon and occupy, for the purpose of making said road, any lands upon which the same may have been located, or any lands within two miles of said road, necessary for the obtaining of stone, gravel or earth for the building or repairing of said road, and the owner or owners thereof shall refuse to permit such entry or occupation, and the company and the said owner should fail to agree upon the compensation to be made for any injury that may be done to such lands by such entry and occupation, it shall be lawful for the parties to appoint three disinterested per sons to estimate such damage who shall [be] sworn fairly and impartially to estimate the same, and whose decision in the premises shall be final. If the parties cannot agree upon such persons, or if the persons so chosen shall not decide upon the matter, or if the owner of such land shall refuse or neglect to join in making the appointment of said appraisers within ten days after the requisition for that purpose upon him made by said company, or if, such owner shall be under legal disability, or out of the county in which such lands may lie, then and in such case it shall be lawful for the judge of the circuit court of the county, on application by and at the cost and charges of said company, to appoint three disinterested persons, resi dents and freeholders in said county, to view and examine said land, and estimate the injuries and damage, if any, or otherwise the benefits, which in their judgment will be sustained by the use of said land, by reason of the location and construction of said Report of ap road. The said appraisers shall under oath report their decision to the circuit court of the county in which said lands may lie, which report being confirmed by said court, judgment shall be entered thereon. Their compens- The said viewers shall be entitled to two dollars per day each for their services, to be paid by the said company, in all cases where the damages shall be assess ed to a greater amount than the sum which may have been tendered by said company for the use of such land, or be paid by the owner or owners in all cases where the assessed damages shall not be greater than the sum thus tendered: provided, that in case the own.
Rights and lia bilities of stock. holders.
Rates of toll.
Willful injury to road.
with the clerk of the circuit court of the county
SECTION 12. The shares of the stock of the com-pany shall be deemed personal property, and every person becoming a shareholder, by transfer, purchase or otherwise, of shares of said stock, shall succeed to all the rights and liabilities of the prior holder of said share or shares, and shall be liable to be taken in execution for payment of the debts of their owners, in such a manner as is or may be provided by law provided, that all debts due said company shall first be paid.
SECTION 13. The directors may erect toll-gates and exact toll from persons traveling on their road, whenever they may deem it for the best interests of their company, either before or after the whole road is com. pleted, not exceeding two cents a mile for every vehicle, sled, sleigh or carriage drawn by two animals, for vehicle, sled, sleigh or carriage,drawn by one animal,one cent a mile, and for every horse and rider, or led animal, one cent a mile; for every score of sheep or swine, three cents a mile; for every score of neat cat tle, four cents a mile: provided, that persons going to and returning from military parade, at which they are required by law to attend, and persons going to and returning from funerals shall be exempted from toll, and no toll shall be exacted of any person or persons while actually going to or returning from any. religious meeting on Sunday.
SECTION 14. If any [person] shall willfully or knowingly obstruct, break, injure or destroy the afore. said macadamized road so to be constructed by said company, or any part thereof, or any work, building or fixture attached to or in use upon the same, belonging to said company, such person or persons so of fending shall each of them for every such offence, be liable for all darnages suffered by said company, any court having competent jurisdiction in the county where the offense shall have been committed, and shall also be subject to indictment, and upon conviction be punished by fine and imprisonment, or either, at the discretion of the court.
SECTION 15. Any person who shall willfully break Willful injury to or throw down any gate on such road which may be passing gates. erected in pursuance of this act, or do any damage to said road, or forcibly or fraudulently pass such gate without having paid the legal toll, or to avoid the payment of legal toll, shall with his team, carriage or animals turn out of said road, or pass any gate thereon on grounds adjacent thereto, and again return on said road, shall for each offense forfeit a sum not exceeding ten dollars, to and for the use of said company, and also be liable for all damages done to the profits of said company by reason thereof, to be recovered by action.
company to be
SECTION 16. If said company shall not within one When rights of year from the passage of this act, commence the con- void. struction of said road, and shall not within five years thereafter finish and put in operation a single or double track macadamized road, made of stone, gravel and other materials, from the city of Milwaukee to Butler post office aforesaid, the rights, privileges and powers of said corporation under this act shall be null and void.
SECTION 17. Said company shall be liable for all Liability for indamages that may be sustained by any person or persons, in consequence of the omission or neglect to keep said road in good repair and condition.
Limit to indebt
SECTION 18. The debts and liabilities of said cor- edness-individporation shall not exceed in amount at any one time, ual liability. fifty per cent of its capital actually paid in, and if debts and liabilities shall at any time be incurred to a greater amount than by this section is provided for, the directors of said company shall be jointly and severally and individually liable for such excess over and above said fifty per cent: provided, that the said directors, or any of the stockholders of said company, shall not be individually responsible for the debts of said corporation in any case except as provided in this section.
SECTION 19. This act shall be favorably construed Construction. to effect the purposes hereby intended, and the same
is hereby declared to be a public act, and shall take effect and be in force from and after its passage. Approved March 21, 1867.