tion, signed by its attorney or agent, describing. With convenient accuracy and certainty, by map or otherwise, the lands or real estate so required to be taken as aforesaid, setting forth the name and residence of each owner, or other person interested therein as owner, lessee, incumbrancer, as far as known to such attorney or agent, or appearing of record, and praying the appointment of commissioners to ascertain the compensation to be made such owners and others interested for the taking or injuriously affecting such land or real estate as aforesaid. The court shall have satisfactory evidence that notice of an intended application, and the time and place thereof, for the appointment of commissioners of appraisement between said corporation and the owners and persons interested in such lands and real estate, had been given at least ten days previously to such owners personally, or to their agent or attorney, at their residence, or on the premises, or by publication thereof for four weeks previous to such application, in a newspaper printed in the county in which said lands or real estate may be; or, if no newspaper be printed in said county, in a newspaper printed at the capital of this Territory, and also in a newspaper published at the shortest distance within said Territory or State from the place where the said land lies; such publication to be allowed only in respect to owners who shall appear by affidavit to have no residence in the county known to such agent or attorney whereat such notice could be delivered as aforesaid. The court may adjourn the proceedings from time to time; it may direct any future notice thereof to be given that may seem proper; it shall take proofs and allegations of all parties interested touching the regularity of the proceedings, and shall, by an entry in its minutes, appoint three competent and disinterested persons, who shall be freeholders of said county, commissioners, to ascertain such compensation as aforesaid, specifying in such entry a time and place for the first meeting of such commissioners. The said commissioners, before entering upon the duties of their office, shall take the oath required by the laws of this Territory, or the future State of Minnesota, and any one of them may administer oaths to witnesses produced before them, and may adjourn from time to time. Whenever they shall meet to hear proofs and allegations, unless by appointment of the court or pursuant to adjournment, they shall cause ten days' previous notice of such meeting to be given to the said owners or parties interested, or their attorney or agent, and may, each of them, issue subpoenas and compel witnesses to appear and testify; they shall hear the proofs and allegations of the parties, and any three or more of them, after reviewing the premises, without fear or favor, or partiality, ascertain and certify the compensation proper to be made to the said owners and parties interested, for the lands or real estate to be taken, as well as all damages accruing to the owner of the lands and real estate aforesaid, taken in consequence of the condemnation of the same, or injuriously affected as aforesaid; may, in their discretion, assess a separate reasonable sum in favor of such owner and parties interested, or of any person appointed by the court to appear as attorney for them, for costs, expenses, and reasonable counsel fees. They or a majority of them shall make, subscribe, and file with the clerk of the county in which such lands or real estate

shall lie, a certificate of their said ascertainment and assessment, in which such lands or real estate shall be described by map or otherwise, with convenient accuracy and certainty. The court, upon such certificate, and due proof that such compensation and separate sum, if any be certified, have been paid to the parties entitled to the same, or have been deposited to the credit of such parties in the State treasury, or other place for that purpose, approved by the court, shall make and cause to be entered in its minutes a rule describing such lands or real estate, in manner aforesaid, such ascertainment or compensation, with the mode of making it, and such payment or deposite of same compensation as aforesaid, a certified copy of which rule shall be recorded and indexed in the proper recording office, in like manner and with the like effect, as if it were a deed of conveyance from the said owners and parties interested, to said corporation. Upon the entry of such rule, the said corporation shall become seized in fee of all lands and real estate described in said rule, as required to be taken as aforesaid, during the continuance of the corporation, by this or any subsequent act, and may take possession of, and hold, and use the same for the purposes of said road, and shall thereupon be discharged of all claims for any damages, by reason of any matter specified in said petition, certificate, or rule of said court. If, at any time, after an attempt or actual ascertainment or compensation, under this or any other act, or any purchase by, or donation to, said corporation of any lands for the purposes aforesaid, it shall appear that the title acquired thereby to all or any part of such lands, for the use of said road, or if the title of said corporation shall fail or be deemed defective, the said corporation may proceed anew to perfect such title, by procuring an ascertainment of the compensation proper to be made to any person or persons, whose title, claim or interest in, or lien upon, such land; and by making payment thereof in the manner hereinafter provided, as near as may be, and at any stage of such proceedings, or of any proceedings under this act, the court or officer to whom the application shall be made may, by a sale in that behalf made, authorize the said corporation if already in possession, and if not in possession, to take possession of and use such premises during the pendency, and until the final conclusion of such proceedings, and may stay all actions and proceedings against said corporation, on account thereof: Provided, Such corporation should pay a sufficient sum into court, or give security to be approved by said court, to pay the compensation in that behalf, when ascertained; and in every case where possession shall be authorized, it shall be lawful for the owners to conduct the proceedings to a conclusion, if the same shall be delayed by the company. The said commissioners shall be entitled to receive from said corporation a compensation not exceeding five dollars for each day actually employed by them in the discharge of their duties; such compensation to be taxed and allowed by the court, and which shall be paid by such corporation. If any commissioners so appointed shall die, be unable or fail to serve, the court may appoint another in his place on reasonable notice of the application, to be approved by the court. The proceedings hereby authorized may be had in the district court of any county where the lands lie, and all motions to the district court shall

be made at a general or special term thereof, in said county. The said commissioners shall file the said certificate in the office of the clerk of the district court of the county where the lands to be affected may lie, and any clerk shall, when presented with an order from the court for that purpose, transfer a certified copy of the same, and the proceedings connected therewith, to the clerk of any other county in which any portion of the lands to be affected may lie, whenever such clerk shall be so required by said corporation, its agent, or attorney. SEC. 10. For the purpose of raising funds, from time to time, for the construction and completion of said road, and the purchase of iron and other materials to be used thereon, and for other purposes connected with the construction and completing of said road, said company may issue its bonds in such form, and for such amounts, and at such rates of interest, payable at such time and places as the said board of directors may, by their by-laws, direct. The payment of said bonds may be secured by a deed of trust, or mortgage, of the franchise, lands, road, and materials belonging to said company, or all or either of them: Provided, That the faith of the Territory or future State of Minnesota shall be in nowise pledged for the redemption of said bonds, and that no banking privileges are hereby granted to said company.

SEC. 11. If any person shall carelessly, wilfully, maliciously, or wantonly, delay or obstruct the passage of any carriage on said road, or shall place, or cause to be placed, any material thereon, or in any way trespass upon, spoil, injure, or destroy said road, or any part thereof, or anything belonging or pertaining thereto, or employed or used in connexion with their location, survey, construction, or management, all persons committing, or aiding and abetting in the commission of, such trespass or offence, shall forfeit and pay to said company treble such damages as shall be proved before any court of competent jurisdiction, and shall be imprisoned until the payment thereof, unless sooner discharged by due proceedings of law; and further, such offenders shall be liable to indictment in the county within whose jurisdiction the offence may be committed, and pay a fine of not less than thirty nor more than one thousand dollars, to the use of the people of the Territory and future State of Minnesota; or may be imprisoned in the penitentiary or jail, for a term not exceeding five years, in the discretion of the court before whom the same shall be tried.

SEC. 12. Said corporation may construct their said road over or across any stream of water, water-course, road, highway, railroad, or canal-not, however, in such manner as to interrupt or impede the navigation of any navigable stream or highways; and all roads or railroads laid out subsequently to the completion of any part of the said railroad which may cross or intersect the same, shall be laid out and constructed at the point of intersection, in a manner that will do the least damage to said railroad. Whenever the track of said railroad shall cross a road or highway, such road or highway may be crossed at grades, or carried under or over said track, as may be found most expedient; and in case where an embankment or cutting shall make a change in the line of such road or highway desirable, with a

view to more easy ascent or descent, the said company may take such additional lands, for the construction of such road or highway, as may be deemed requisite by said corporation. Unless the lands so taken shall be purchased, or voluntarily given for the purposes aforesaid, compensation shall be ascertained in the manner in this act provided, and duly made by said corporation to the owners and persons interested in such lands; the same when so taken, or compensation made, to become a part of such intersecting road or highway, in such manner, and by such tenure, as the adjacent parts of the same highway may be held for highway purposes: Provided, That the present or any subsequent legislature of the Territory or future State of Minnesota may authorize any railroad or highway to cross or intersect the said railroad, on such terms as will do the least damage to said Railroad Company.

SEC. 13. Every conductor, baggage-master, engineer, brakeman, or other servant of such corporation, employed in a passenger train, or at stations for passengers, shall wear upon his hat or cap a badge, which shall indicate his office, initial letters or style of the corporation. No conductor or collector, without such badge, shall demand or be entitled to receive from any passenger any fare, toll, or ticket, or exercise any of the powers of his office; and no other of said officers or servants, without such badge, shall have any authority to meddle or interfere with any passenger, his baggage, or property.

SEC. 14. A bell of at least thirty pounds weight, or a steam-whistle, shall be placed on each locomotive engine, and shall be rung or whistled at the distance of at least eighty rods from the place where said road shall cross any other road, and be kept ringing or whistling at intervals until it shall have crossed said road or street, under a penalty of fifty dollars for every neglect, to be paid by said corporation, onehalf thereof to go to the informer, and the other half to the Territory or future State of Minnesota, and to be liable for all damages which shall be sustained by any person by reason of such neglect. Said corporation shall cause boards to be placed, well supported by posts or otherwise, and constantly maintained, across each public road or street where the same is crossed by the railroad, on such elevation as not to obstruct the travel, and to be easily seen by the travellers; and on each side of said board shall be printed, in capital letters of at least the size of nine inches each, the words, "Railroad crossing. Look out for the cars." But this provision shall not apply to streets of cities or villages, unless the corporation be required to put up such boards by the officers having charge of such streets. Said company shall construct and maintain a good substantial board or rail fence, five and one-half feet high, along said railroad, in the line of the lands by this act granted them, and shall construct and maintain cattle guards, wherever the same may be necessary, sufficient to keep cattle, sheep, horses, and hogs from off the track of said railroad, and shall be liable for all damage sustained by any person by reason of any neglect to keep and maintain such fence and cattle guard in good repair,

SEC. 15. Said corporation shall, within a reasonable time after said road shall have been permanently located, cause to be made a map Ex. Doc. 35-2

and profile thereof, and of the lands taken and obtained for the use of said road, and file the same in the office of the secretary of the Territory or the future State of Minnesota, and also a like map of the parts thereof located in the different counties through which the same may pass, and cause the same to be recorded in the office for recording deeds in the county in which said parts of said road shall lie, and also where any re-location of said line or lines may have been made as herein before authorized; then a like map, or the profile thereof, shall be made and filed in the manner and places aforesaid.

SEC. 16. This act, and all grants herein contained, shall be void, unless said company shall render to the governor of this Territory, on or before the first day of January of each and every year, a statement in writing, verified by the oath of the president and treasurer of said Railroad Company, exhibiting the amount of capital actually expended by said company in the construction of said road, and the machinery thereof and appurtenances thereunto belonging, and the amount of their receipts and their expenditure during the year; and unless said board of directors shall be organized on or before the first day of July, 1854; and unless said company shall construct and complete at least fifty miles of the track of said main road, from the point on Lake Superior designated in this act as the starting point of said road, within three years after the acceptance of this charter as provided in this act, and the whole of the said main road within three years thereafter, and the whole of the track of said main road shall be laid with a rail not less than sixty pounds per yard, and the engines and rolling stock of the road shall be made in all respects equal to those on the best description of road in the United States; and unless said company shall construct, complete, and maintain, and keep in operation, a line of telegraph from Dubuque to St. Paul, upon the route of said road, within twenty months after the formation of the first board of directors under this act.

SEC. 17. All acts or parts of acts that in any manner conflict with this act, or the rights and franchises hereby granted, are hereby repealed: Provided, Said company accept this charter in manner and form as provided in section 2: And provided also, That nothing herein contained shall be so construed as to repeal, or in anywise vitiate, any charter for the construction of any bridge across the Mississippi river: And provided further, That the passage of this act shall not vitiate or render void any railroad charter heretofore granted by the legislative assembly of this Territory.

SEC. 18. This act shall be deemed a public act, and shall be in force from and after its passage.

SEC. 19. In case the persons incorporated by this act shall fail or neglect to accept the provisions of the same, and comply with its conditions within the time and in the manner herein prescribed, the same may be accepted by any other company which shall be approved by the governor, auditor, and treasurer of this Territory, who, upon complying with the terms and conditions of this act, shall be vested with all rights, powers, and immunities conferred upon the corporations herein named, and shall be subject to all the liabilities in the