- CHAPTER 341.
- AN ACT to incorporate the
Janesville and Madison railroad company.
- The people of the state of Wisconsin,
represented in senate and assembly, do hereby
- enact as follows:
Name and powers.
1. W. H. PEASE, D. F. SAYRE,
C. H. CONRAD,
- Harrison STEBBINS, J. B. PORTER,
R. POMEROY, T. E. GREEN, Rob. STONE, Silas
HURD, W. PORTER, I. C. SLOAN, J. B. CROSBY,
O. M. CONOVER, and James VAUGHN and their successors
and associates, are hereby made, constituted and declared to
be a body corporate and politic by the name and style of the
"Janesville and Madison railroad company," and by that
name shall be and are hereby made capable in law to purchase,
hold, enjoy and retain to them and their successors, land, tenements
and hereditaments, so far as may be necessary for the purpose
of constructing a railroad hereinafter set forth, and the same
to sell, grant or in any manner dispose of; to sue and be sued,
implead and be impleaded, answer and be answered unto, defend
and be defended, contract and be contracted with, and generally
do and perform all the acts and things which to such corporation
it shall lawfully appertain to do, and perform.
- SECTION 2. Capital stock of said company shall be 300,000
- dollars to be divided into shares of
100 dollars each, and the directors shall cause books to be opened
at such times and places as they may designate to receive subscriptions
to the capital stock of said company.
Notice of election.
- SECTION 3. The above named persons shall be the First
- directors, first directors of said
company, and shall hold their offices until other directors shall
be elected by the stockholders; and as soon as one hundred shares
of the capital stock of said company shall be subscribed, and
five dollars on each share actually paid in, said directors shall
receive no more subscriptions until after the election of directors
by the stockholders; and they shall immediately give not less
than twenty days notice in two newspapers, one in Rock and one
in Dane county of election of nine directors by the stockholders
at some time and place to be designated by them; and the directors
thus elected shall hold their office until the next annual meeting
of the stockholders for the election of directors, or until other
directors are elected.
|Board of directors, their powers and term of office.
- SECTION 4. The affairs of said corporation shall be
- managed by a board of nine directors,
who shall be stockholders; and said board is hereby invested
with all the powers of the corporation. They shall be chosen
annually by ballot, at the annual meeting of the stockholders,
which shall be held at such time and place as the directors shall
from time to time prescribe; every stockholder shall be entitled
to one vote for each share of stock by him held, which he may
deliver by person or by proxy. If for any cause an election of
directors shall not be held at the time prescribed for the annual
meeting the same may be held at any other time, on thirty days'
notice to be given as foresaid; and until such election be had,
the directors of the preceding year shall continue to act.
Officers of the board.
Further board powers.
- SECTION 5. A majority of the board of directors shall
- a quorum for the transaction of any
business. They shall meet at such times and places, and be convened
in such many as they shall decide upon. They shall appoint one
of their number to be president and one to be vice-president,
who shall serve for one year, or until other directors are elected.
They shall also appoint a secretary, treasurer and such engineers,
superintendents and other officers as they may find necessary,
fix their compensations and duties, and demand adequate security
for the discharge of their respective duties and trusts; and
fill any vacancies which may occur in their own board. They shall
have power to re-open the books for subscriptions to the capital
stock of the company, or open new books under their own direction,
or under the direction of such person or persons as they may
designate; to determine the amount of installments to be paid
from time to time on such subscriptions and to forfeit to the
use of the company the share or share of any persons failing
to pay any such installment, as also all previous payments thereon.
They shall have power to regulate tolls and charges for the transportation
of freight and passengers, to make any contract or agreement
which they may think proper with any other railroad company,
for the leasing of the whole or any part of any railroad constructed
or to be constructed by such railroad company; and to lease or
sell any other company the whole or any part of the railroad
of this company coming in contact therewith; and to establish
such by-laws, rules, regulations and orders not inconsistent
with the constitution and laws of the United States or of this
state, as they shall think proper, and the same from time to
time to alter, amend or repeal, and in general to superintend
and direct all the operations, receipts, disbursements and other
affairs of said company.
|Shares personal property.
- SECTION 6. All shares of stock in this company owned
- person shall be deemed personal property,
and shall be transferable in such manner and form, at such place
and under such regulations as shall be prescribed by the by-laws
of said company.
- SECTION 7. Special meetings of the stockholders may
- by order of the board of directors
or by stockholders holding one fourth of the capital stock, on
like notice as that required for annual meetings of the stockholders,
specifying the objects of the meetings.
|May locate and construct railroad, etc.
- SECTION 8. Said company shall have power to locate
- construct a railroad with one or more
tracks, from the city of Janesville in Rock county through or
near the village of Fulton in said county, and Stoughton in Dane
county, to the city of Madison in Dane county; to transport property
and persons upon said road by steam or any other power; to construct
all such turnouts, side tracks and connecting tracks as they
shall think will promote the interest of the company; and to
erect all such buildings and other structures as may be necessary
for the accommodation of said company and road; to manufacture
or purchase all necessary engines, tenders, cars and other conveniences
for running said road; and they shall have power to connect the
said railroad with any other road in or out of the state, and
to operate the same in connection with such other railroads.
|May borrow money and lease bonds.
- SECTION 9. Said company is hereby authorized to borrow
- sums of money from any person or corporation,
at any rate of interest which my be agreed upon by the parties,
any law on the subject of usury in this state to the contrary
notwithstanding; and to make and deliver, in or out of this state,
all necessary writings, notes, bonds, mortgages or other papers
and securities in amount or kind as may be deemed expedient by
such corporation, in consideration of any such loan, or in the
discharge of any liabilities which it 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 payable at such times, and bearing
such rates of interest, as shall be deemed expedient by said
company, secured by mortgage upon the whole or any part of the
railroad of said company, with its equipments, fixtures and appurtenances.
|May build road across or along highways, etc.
- SECTION 10. The said company shall have the right and
- to construct their said railroad upon,
along and across, under or over any public or private highways,
road, street, plankroad or railroad, if the same be necessary,
but the said company shall restore such highway, road, street,
plankroad or railroad to its former state, so as not to impair
the usefulness of the same, so far as the same can be done consistently
with the rights and privileges hereby granted to said company;
shall have the right and authority to erect and maintain all
necessary bridges for the use of their said railroad over any
stream of water or water-course, at such points of crossing the
same as they shall locate the said road, with all necessary abutments,
piers or other foundations.
May enter upon lands, etc.
Compensation for lands.
- SECTION 11. It shall be lawful for said company, their
- 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 road 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 exceeding one hundred
feet in width, along the line of said route, and also such lands
adjacent to the lines of said route beyond the limits of one
hundred feet, as the chief engineer of the said company shall
in writing, to be signed by him and recorded in the office of
register of deeds of the county in which such lands are located,
decide and declare to be necessary for the use of said company,
for the purpose of erecting depot buildings, station houses and
other fixtures and grounds about the same, for the operation
and business of said road, or making drains and giving a proper
direction to 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 depositing earth, gravel or stones, or for the purpose of
obtaining earth, gravel, timber, stone and other materials for
embankments, structures or superstructures, necessary to the
construction or repair of said road, subject however, to the
payment of such compensation as the company may have agreed to
pay therefore, or as shall be ascertained in the manner hereinafter
provided; and when such compensation shall have been paid or
tendered, the title so said lands shall vest in said company
for the purposes of said railroad, and the said company shall
have the right to hold the same for such purpose; and whenever
in the opinion of the company the same or any part of thereof
shall be no longer necessary for the purposes for which the same
was taken, the same shall revert to the original owner, upon
payment to the said company of the amount paid by said company
for such land; with interest thereon to the time of such payment.
How fix amount of compensation.
Notice of application.
Award of damages.
Appeal - how noticed and
- SECTION 12. The said company shall, if possible, agree
- owner or owners of any or all lands
upon which by the provisions of this act they are authorized,
after the route of said railroad shall be determined, to enter,
and which they are authorized to take possession of and use,
and which, according to the aforesaid provisions shall vest in
said company for the purpose of said railroad, as to the amount
of compensation to be paid for such lands, whether such persons
shall own or possess the legal or equitable title to the same,
or the person or persons owning or possessing such legal or equitable
title, lien or incumbrance, shall be a minor, non compos mentis,
insane or a married woman, or under any legal disability, the
with the guardian of such minor, non compos mentis or
insane person, or husband of such married woman; and if said
company cannot agree with said owner, guardian or husband, said
company shall by its agent offer to pay such owner, guardian
or husband, if resident of the county in which such land shall
be, or if not resident, to their agent, if in such county such
sum as said company deem reasonable, and if such offer of compensation
shall not be accepted, or be refused, then such question of compensation
shall be three commissioners as follows, viz: the said company
may apply to the judge of the circuit court for the first judicial
circuit, either in term time or in vacation, for the appointment
of three commissioners to decide upon the amount of compensation
to be paid to the several parties with whom the said company
shall have been unable to agree as aforesaid. They shall give
notice of their application for the appointment of such commissioners
by publishing the same three weeks successively in a newspaper
printed in the county through which said road shall run, and
which notice having been published, the said judge shall appoint
three commissioners, who shall proceed to examine the premises,
having first having given such notice as they deem reasonable
to such owner, guardian or husband, if resident of the county
in which such lands lie; and having first determined that it
was necessary to take such land, shall make an award of the amount
of compensation which shall be paid by said company for the lands
so taken for any of the purposes aforesaid, and shall give one
copy of their award to the said company, and another copy to
such owner, guardian or husband, if resident of the county in
which such land shall lie, and if not, they shall deposit the
same in the office of the clerk of the circuit court of such
county, with the costs of the award taxed upon each of said copies;
and either party may, within ten days after such award shall
be delivered or filed as aforesaid, appeal from the same to the
circuit court for the county in which such lands shall lie, by
giving written notice of such appeal, it shall be the duty of
the commissioners to certify to said court a true copy of said
award, and upon receiving the same the said court shall enter
the same as a case upon its docket under the same rule as other
cases are entered upon its 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 the claimant for the taking and
using of said land, and the said court shall thereupon proceed
to render judgment in favor of such claimant and against said
company for the amount of such compensation; and in the amount
found in favor of such compensation shall exceed the amount so
rendered against said company for costs, and if it shall not
exceed the amount so found by said commissioners, in case the
appeal be taken by such claimant, then judgment shall be rendered
in favor of said company for costs and against said claimants;
and when such compensation so be ascertained according to the
provisions of this section, shall be paid or tendered to such
party entitled to the same, or his agent, or in case where there
is a lien or incumbrance on the same deposited with the clerk
of the circuit court of the county in which the land shall lie,
to be disposed of by order the judge of said court, the title
to said lands so taken for any of the purposes aforesaid, shall
vest in said company for the purpose of said railroad, and a
copy of such award or judgment filed in the office of the register
of deeds in the county in which such 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 such lands for all the lawful purposes of such
corporation; and they shall not while such proceedings, are pending,
nor until such refusal, be disturbed in such possession, use,
occupancy and enjoyment by any proceedings either in law or in
|Restriction of time.
- SECTION 13. All the rights, franchises, privileges
- granted by or under this act shall
cease and terminate unless the company shall commence the construction
of said road within ten years from the passage of this act.
- SECTION 14. This act is hereby declared to be a public
- shall be favorable construed to effect
the purposes herein intended; and copies thereof, printed by
authority of the state shall be received in evidence thereof
in all cases, and it shall take effect from and after its passage.
- Approved March 6, 1868.
Private and Local Laws Passed by the Legislature of Wisconsin
in the Year 1868. pp. 810-817.]