Geneva & Burlington Railroad

Incorporated 1856.

From Wisconsin state laws.


CHAPTER 323 An Act to incorporate the Geneva and Burlington Railroad Company The people of the State of Wisconsin represented in Senate and Assembly do enact as follows Banner 1 TO Smith AS Palmer Apollos Hast Oarporston ings HE Allen SB Grant J Gr Inbush Horatio Hill CP Barnes and Nelson R Norton are hereby created a Style Powers To construct a railroad Capital stock To open books Isetin to choose directors of are 3 body corporate by the name of the Geneva and Railroad Company and by that name shall be are hereby made capable in law to purchase hold enjoy retain to them and their successors lands tenements hereditaments so far as may be necessary for the pur of constructing a railroad hereinafter set forth and same to sell grant or in any manner dispose of to or be contracted with to sue and be sued and be impleaded answer and be answered defend be defended and also to make have and use a seal the same to alter break or renew at their And if one or more of the persons named in this shall die refuse or neglect to execute the powers and dischare the duties hereby created it shall be the duty the remaining persons hereinbefore named or a of them to appoint a suitable person or persons to fill vacancy or vacancies so often as the same shall occur SEO 2 The said corporation are hereby authorized empowered to construct and erect a railroad from the vilage of Geneva in the county of Wulworth to the of Burlington in the county of Racine Sec 3 The capital stock of said corporation shall two hundred and fifty thousand dollars with power to increase the same to an amount not exceeding thousand dollars for each mile of railroad which company are authorized to construct and shall be into shares of one hundred dollars each Sec 4 The above named persons or a majority of them are hereby authorized to open books for receiving subscriptions to the capital stock of said corporation and prescribe the form of such subscription which books e opened within one year from the passage of this act at such place or places as they may deem expedient giving two weeks notice in some newspaper published the city of Milwaukee and in the county of Walworth and in such other places as they may see fit of the and place of opening said books SE0 5 So soon as twenty five thousand dollars or of the capital stock of said corporation shall be subscribed the above uamed corporators or a majority of them shall give notice to the stockholders in such manner they may determine of a time and place for holding a meeting of the said stockholders to choose directors for the said corporation and thersaid stockholders may at such meeting proceed to elect nine directors fi om the said stockholders by ballot each share of stock entitling the owner thereof to one vote and the corporators mentioned in the first section of this act or such of them as are present at the said meeting shall be inspectors of such elec tion and shall certify in writing what persons are elected and shall appoint the time and place of holding the first meeting of the board of directors at which meeting a majority shall form a quorum com etent to transact the business of the said company and t ereatter an election of directors shall be held annually at such time and place as the stockholders shall at their first meeting determine and if the said stockholders shall fail to appoint the time and place for said election then the board of directors may fix the time and place of said meeting and shall give thirty days notice to the stockholders of such meetlng and in case no election is had on the day appointed the directors last elected shall hold until an election been held and others elected in their stead SEO 6 The affairs of said corporation shall be managed by a board of not less than nine and not more than directors who shall be chosen annually by ballot as here inat ter prescribed by the stockholders of the said company the votes to be delivered in person or by proxy duly authorized which directors shall appoint one of their own number to be president and shall respectively serve one year or until other directors are elected they shall have power to make and establish such by laws rules and regulations not inconsistent with the constitution and laws of this state as may be necessary for the well ordering the afl airs of said company SEO 7 None but stockholders shall be elected directors and at every election and in all cases where stockholders shall be called upon to vote each share of stock shall be entitled to one vote and in all cases of election of directors the stockholders having the highest number of shall be declared elected SEO 8 The said directors shall meet at such times places and be convened in such manner as they may here after decide upon A majority of said directors shall be quorum for the transaction of business who in the absence of the president shall appoint a president pro tem The said directors shall appoint a secretary treasurer and such engineers and other oflicers as they may find necessary and they shall have full powers to fix the of all officers or agents and may demand adequate security for the performance of their respective trusts they s all decide the time and manner and proportions in which the said stockholders shall pay the money due on their respective shares and forfeit to the use of the company the share or shares of every person or persons failing to pay any installment so required at a reasonable period not less than sixty days after the time by them appointed for the payment thereof they shall have full powers to regulate tolls to make such covenants and agreements with any person coepartnership or body politic whatsoever as the construction and management of the works and the convenience and interest of the company may require and in general to superintend and direct all the operations receipts disbursements and other proceedings of the company Provided That no installment called in at any one time shall exceed ten dollars per share and that no installment shall be called for by the directors without at least thirty days notice thereof in the newspapers hereinbet ore named SEO 9 The directors chosen as aforesaid shall issue a certificate to each stockholder for the number of shares he or she may subscribe for or hold in said corporation signed by the president and countersigned by the secretary and sealed with the common seal subject however to all payments due or to become due thereon which stock shall be transferable in person or by attorney exAnnusl ecutors administrators guardians or trustees under such regulations as may be provided for in the bylaws of said company Smo 10 At each annual meeting of the stockholders for the purpose of electing directors the directors of the preceding year shall exhibit to them a complete statement of the affairs and doings of said company for such year and special meetings of the stockholders may be called by order of the directors or by stockholders holding one fourth of the capital stock on like notice as that required for annual meetings specifying morever the object 0t such meeting but no business shall be transacted at such spe cial meeting unless a majority in value of the stockholders shall attend in person or by proxy SEO 11 The said company shall have power to locate and construct a single or double track railroad from the village of Geneva in the county of Walworth to the town of Burlington in the county of Racine and shall have power to transport take and carry property and persons upon the same by power and force of steam of animals or any mechanical or other ower or by any combination of them and they shall a so have power to make con struct_and erect all such side tracks turn outs and connect ing tracks and also such ware houses toll houscs machine shopr carriages cars and other works and appendages as may be necessary for the convenience of the company for the use of said railroad and also to connect said railroad and operate the same with other railroads and branch railroads in the state of Wisconsin and consolidate the capi tel stock of the said company with the capital stock of any railroad company in this state with which the road of the said companies shall intersect and shall have full power to place the road of the company and its capital stock so consolidated under the direction of ajoint board of directors ot not less than nine nor more than fifteen to be chosen on such terms as the directors of the companies consolidating their capical stock shall agree upon Pro vided however Said company shall not have power to con solidate its capital stock with any railroad company out of this state SEO 12 If said corporation shall not within three years from the passage of this act commence the construction of said railroad then the rights privileges and powers of said corporation under this act shall be void SEO 13 It shall be lawful for said company their officers engineers and agents to enter upon any land for the pur pose of exploring surveying and locating the route of said road doing thereto no unnecessary damage and when the said route shall be determined by the said company it shall be lawful for them their agents oflicers engineers contractors and servants at any time to enter upon take possession of and use such lands not exceeding one hundred and thirty feet in width along the line of said route subject hovvever to the payment of such compensationas the company may have agreed to pay therefor or such as shall be ascertained in the manner hereafter directed and provided in such cases respectively and said company are further authorized by their officers engineers agents and servants to enter upon lands adjacent to the beyond the limits of one hundred and thirty feet in the manner provided in this act when necessary for purp0 e of erecting depot building station houses necessary fixtures for the operation and for the of said road and for the purpose of making drains giving 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 and to deposit earth gravel and stone taken from cuts and to obtain earth gravel stone and other materials for embankments and structures necessary to the construction and repairs of said read doing however no unnecessary dams e and all lands so acquired and all damage which she 1 be done to any lands or property under the provisions of this section shall be ascertained and paid for in the manner and agreeably to the provisions hereinafter provided and when such damage shall have been paid for or tendered the title of the land occupied by such fixtures excavations and embankments shall vest in fee simple in said com any Sso 14 When the sai corporation cannot agree with the owner or owners of such rtquired land for the pur chase thereof or when by reason of the legal incapacity or absence of any such owner or owners no such agreementor urchase can be made then and in that case it shall be awful for any judge of the supreme court of this state on application of the said company and at cost and charge of said company to appoint three disinterested persons residing in the counties through which the said road runs whose duty it shall be to view and examine the lands so taken with the buildings and improvements if any thereon and to estimate the value of the land so taken or required by the said company and all damages which the owner or owners thereof may sustain or may have sustained by reason of the taking of the same for the construction and use ofsaid road or works appertaining thereto taking into consideration the advantages as we as disadvantages ot the same by means of the construction and operation of said road to said owner or owners and it shall be the duty of the said company to give three weeks notice of their application to the judge of the supreme court for the appointment of said commissioners to be published for thrre successive weeks in a newspaper published at the capital of this state and also in a newspaper published in each of the counties through which said rogd may be located 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 before some justice of the peace or other person competent by law to administer oaths faithfully and to the best of their abilities to examine the 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 thereof shall have sustained or may su tain by reason of the taking and using thereof by the said company over and above the benefits and advantages which may accrue to such owner or owners as aforesaid and shall make a re in writing of such valuation under their hands and seals to the circuit courtof the county where the land lies and shall return the same within thirty days after their appointment to the clerk of the circuit coint of the county in which they reside and it shall be the duty of the said clerk to filethe saine and in case no appraisal shall be made within thirty days after the filing of said report as hereinafter provided then the said clerk shall record the same at the expense of said company and judgment of the said court shall be entered thereon on motion of either party at any tt l lll of said court Provided That either party may appeal to said court within thirty days after said report shall have been filed in the clerk's olfice and such appeal shall be tried in the same manner as other issues are tried in said court and the jury empauclled to try the same shall find the value of the land so taken or required by said company and the damage which the owner or owners thereof shall have sustained or may sustain by the taking of the same over and above the benefits which shall accrue to such owner or owners from the construction of such railroad and jud ment of the court shall be entered accordin 1y Provide also That it shall not be lawful for the said commissioners or said court to proceed in the assessment of damages or in the valuation of any lands or materials as aforesaid in the absence of the owner or owners thereof his her or their agents or attorney unless it shall be shown to them by competent testimony that the said owner or owners have had at lest five days notice of the time and place at which such assessment or valuation was to be made or that the said owner or owners are absent from the state of Wisconsin and if the said owner or owners shall be miners or m compos mantis or absent from the state the service or notice nihy be made on the guardian or trustee if there be any or in such manner as the court may direct Provided That upon the making and filing of any report as aforesaid and payment or legal tender of bhewount of any valuation or appraisal specified therein to the owner or owners of any such lands his her their legal representatives the said company their agents or the contracting or repairing said railroad may immediately take and use the same without awaiting the of any appeal brought thereon Sec 15 Whenever any judgment shall have been entered as hereinbei ore provided for the value of any or for any damages for the takinn and using of the same and the amountspeciiied in such judgment shall have paid or tendered to the owner or owners oi such lands his or or their legal representatives the said company she be entitled to easement of the same so long as it shall used for the track of said railroad depot building houses and necessary fixtures and if such valuation not received when tendered it may at any time be received or may be collected from said by action at law at the cost and expense of the person persons entitled to the same Provided That the cost any proceeding and judgments specified in the last preceding section shall be taxed by the court and paid said company except in cases where upon appeal the verdict of the jury shall be for the same or a less sum that reported by the said commissioners Sm 16 The said railroad shall be so constructed as to impede or obstruct the free use and passage of any public road or roads which may cross the same and in places where such railroad may cross or in any way intertere with any public road it shallbe the duty ot said company to make or cause to be made asutlicient causeway passage way to enable all persons travelling such road to pass over or under such railroad without inconve nience Provided That in cases where said railroad cross or come in contact with any public or private road so as to occupy any part of such road it shall be for said company to construct said railroad across or such road after altering and putting the same in as good condition as before and for that purpose the said company shall previous tooccupying any part of said road construct anew road in part or in whole as may be necessary on ground adjacent to such road and in every respect complete such newly constructed road or part of a road so interfered with as substantially as it was previous to the disturbance and occupancy thereof by said company For the convenience of persons owning or os sessing lands through which said road shall pass it s all be the duty of said company when required to make a good and suflicient passage way over or under said railroad whenever the same may be necessary to enable the occupants of said lands to pass over or under the same with wagons carts and implements of husbandry as occa sion may require Provided That said company shall in no case be required to make more than one such passage way for each farm and when any public road shall cross such railroad in any farm the person owning or such farm shall not be entitled to require said company make any additional causeway I Sm 18 This act shall be construed favorably to the purposes intended and the same is hereby be a public act and copies thereof published authority of the state of Wisconsin shall he received evidence thereof SEO 19 Any person who shall wilfully and maliciously any obstruction upon the track of said read or re move or damage any part thereof in such a manner the engine or cars may be impeded or thrown 011 the track shall be guilty of a misdemeanor whether such result shall happen or not and shall be punished for every such offence by imprisonment in the states prison for a not less than one nor more than five years at the discretion of the court and in case any damage shall from the placing such obstructions or injury to said read such party shall be liable to pay all such damage to company and to any other person damaged or thereby and in case any accident shall happen in consequence of placing such obstructions or in consequence the wilful and malicious breaking or injuring said read whereby death may be produced the party so shall be adjudged guilty of murder in the first degree shall be punished agreeably to the law in such cases and provided Sec 20 The said railroad company are hereby author ized and fully empowered in their corporate name and capacity to borrow any sum or sums of money from any person corporation or body politic of any kind and for any rate of interest that may he agreed upon by and between the company and any person or party of whom such money may be obtained and make and execute in their corporate name all necessary writings notes drafts bonds or other papers and make execute and deliver such securities in amount and kind as may be deemed expedient by said corporation any law on the subject of usury in this state or any other state to the contrary not withstanding and the powers of said corporation for the purposes aforesaid and for all purposes necessary in car tying out the object of said company and the contracts and ofiicial acts of said company are hereby declared bindingin law and equity upon said corporation and all other parties to said contracts Sac 21 This act shall be in force from and after its pasfage and it shall be lawful for said company to purchase ands adjoining or adjacent to said railroad for the purpose of procuring earth gravel stone or other materials for the construction and repair of said road or buildings and fixtures connected therewith and whenever such lands shall no longer be needed for the purposes aforesaid the said company are hereby authorized to sell and convey the same Sac 22 In case there shall be incumbrancrs upon the land taken as hereinhefore provided it shall be sufiicient for the said company to deposit the amount of damages assessed as herein provided with the clerk of the circuit court of the county where the land lies to be paid over by the said clerk to the owner ofsaid land or his lawfully authorized agent upon the removal of the said incumbrances Sac 23 It the said company shall consolidate their capital stock with any other railroad company the joint board of directors may adopt such name as they may see fit or merge the name of either company into the name of the other and said company so formed may adopt the charter of either company by resolution and shall after said adoption have all the powers and exercise all the rights privileges and franchises of the charterso adopted and shall cause to be filed with the secretary of state under the seal of said company a certified copy of said resolution Sso 24 The franchises privileges and immunities hereby granted to said railroad company shall be null and void in five years from and after the passage of this act should said company fail to have five miles of said railroad constructed and in actual operation within that time See 25 The said Geneva and Burlington railroad company are hereby authorized to extend their railroad and construct the same southwesterly from Geneva to some point on the line between the states of Wisconsin and Illinois and all the provisions of this act shall govern said company in the construction and management of said extended road the same as between the points named in the second section of this act SEO 26 This act shall be in force and go into effect from and after its passage and publication Approved March 29 1856