road Company,' and of an act of the same legislature, approved March 1, A.D. 1871, amendatory of said chapter 126 of the General Laws of 1869 of Wisconsin.

"In witness whereof, the chairman of the board of supervisors and town clerk of said town have hereunto set their hands, this first day of June, 1871.

"F. SCHNELLEN, "Chairman of the Board of Supervisors.

"D. J. RYAN, Clerk."

To which bonds interest coupons in form like those sued on were annexed.

VII. That afterwards the chairman of the board of supervisors of said town and the president of the Wisconsin Central Railroad Company signed and delivered to said bank a joint certificate, which was afterwards authenticated by notarial certificates, of which the following is a copy:

"To the President of the National Bank of Commerce of New York:

"The undersigned, Gardner Colby, president of the Wisconsin Central Railroad Company, formerly the Portage, Winnebago, and Superior Railroad, and Fr. Schnellen, chairman of the board of supervisors of the town of Menasha, Winnebago County, Wisconsin, do hereby certify that the iron has been laid on the track of road of said company from block No. 3 in Jones's plat, in the town of Neenah, Doty Island, to Wolf River, and that the cars have been run over the same daily for more than two weeks past from the depot on Doty's Island to said Wolf River, and that therefore, according to the terms of the proposition (a copy of which is hereto annexed), the said company are entitled to the transfer of the bonds of said town deposited with you. "Dated at Menasha, Oct. 25, 1871.

[SEAL.]

"WISCONSIN CENTRAL R. R. Co.,

"By GARDNER COLBY, President.

"FREDERICK SCHNELLEN,

"Chairman of the Town of Menasha.

"STATE OF WISCONSIN,

"County of Waupaca, Town of Weyauwega, ss:

"I, Albert V. Balch, a commissioner of deeds for the State of New York, residing in the town of Weyauwega aforesaid, do hereby

certify that Frederick Schnellen is the chairman of the board of supervisors of the town of Menasha, in the State of Wisconsin, and that his signature to the foregoing certificate is in his own hand and is genuine, as he has this day before me acknowledged.

"In testimony whereof, I have signed my name and affixed my official seal this twenty-fourth day of February, A.d. 1872.

[SEAL.]

"ALBERT V. BALCH,

"Commissioner of Deeds for the State of New York.

“COMMONWEALTH OF MASSACHUSETTS,

66

County of Suffolk, City of Boston, ss:

"On this twenty-ninth day of February, A.D. 1872, the abovenamed Gardner Colby, who is personally known to me to be the president of the said railroad company, made oath that the abovewritten certificate by him signed is true, and that the seal affixed thereto is the seal of said company and was so affixed by its authority.

"Witness my hand and official seal, at the city of Boston, the day and year aforesaid. [SEAL.]

"SAM'L S. CURTIS, Notary Public."

VIII. That on the fifteenth day of March, 1872, the said bank sent said certificate of stock to the chairman of the board of supervisors of said town, and on the same day deliv ered said bonds to said Wisconsin Central Railroad Company.

IX. That on the seventeenth day of April, 1872, the president of the said bank affixed to said bonds his certificate, in the words following:

"To the President of the National Bank of Commerce of New York:

"The undersigned, Gardner Colby, president of the Wisconsin Central Railroad Company, formerly the Portage, Winnebago, and Superior Railroad, and Fr. Schnellen, chairman of the board of supervisors of the town of Menasha, Winnebago County, Wisconsin, do hereby certify that the iron has been laid on the track of road of said company from block No. 3, in Jones's plat, in the town of Neenah, Doty's Island, to Wolf River, and that the cars have been run over the same daily for more than two weeks past from the depot on Doty's Island to said Wolf River. And that therefore, according to the terms of the proposition (a copy of which is heretc

annexed), the said company are entitled to the transfer of the bonds

of said town deposited with you.

"Dated at Menasha, Oct. 25, 1871.

[SEAL.]

(Signed)

"STATE OF WISCONSIN,

"WISCONSIN CENTRAL R. R. Co.,

"By GARDNER COLBY, President. "FREDERICK SCHNELLEN,

"Chairman of the Town of Menasha.

"County of Waupaca, Town of Weyaurega, s8:

"I, Albert V. Balch, a commissioner of deeds for the State of New York, residing in the town of Weyauwega aforesaid, do hereby certify that Frederick Schnellen is the chairman of the board of supervisors of the town of Menasha, in the State of Wisconsin, and that his signature to the foregoing certificate is in his own hand and is genuine, as he has this day before me acknowledged.

"In testimony whereof, I have signed my name and affixed my official seal this twenty-fourth day of February, a.d. 1872.

[SEAL.]

"ALBERT V. BALCH,

"Commissioner of Deeds for the State of New York.

"COMMONWEALTH OF MASSACHUSETTS,

66

County of Suffolk, City of Boston, ss:

"On this twenty-ninth day of February, A.D. 1872, the abovenamed Gardner Colby, who is personally known to me, and known to me to be the president of the said railroad company, made oath that the above-written certificate by him signed is true, and that the seal affixed thereto is the seal of said company, and was so affixed by its authority.

"Witness my hand and official seal, at the city of Boston, the day and year aforesaid. [SEAL.]

"SAM'L S. CURTIS, Notary Public.

"I hereby certify that I have received certificates of which the above are copies, which certificates are on file in this bank. "April 17, 1872.

"ROBERT LENNOX KENNEDY,

"President of the National Bank of Commerce in New York."

X. That in November, 1872, the said town levied a tax to pay the interest upon said bonds, and collected about twothirds of it, and paid it over to the company, when the further collection of said tax was enjoined in the suit of said Lawson.

XI. That Lake Butte des Morts, a narrow lake about two thousand feet wide, lies between said block 3 in Jones's plat and the Wolf River, across which the route of said Wisconsin Central Railroad runs; that said company, instead of constructing a bridge of its own for its road across said lake, made an agreement with the Chicago and Northwestern Railway Company to cross said lake upon that company's bridge, of which agreement the following is a copy:

"This agreement, made and entered into this first day of May, A.D. 1871, by and between the Chicago and Northwestern Railway Company, party of the first part, and the Wisconsin Central Railroad Company, party of the second part, witnesseth:

"The party of the first part, for and in consideration of the covenants and agreements herein contained on the part of the party of the second part, doth hereby covenant and agree to and with the said party of the second part, that the said party of the second part, its successors and assigns, shall and may have the use of and right to operate for railroad purposes, in common with the said party of the first part, the bridge across Lake Butte des Morts, near Doty's Island, in Wisconsin, and the right of way and use of ties across its land on the north side of said lake for a sufficient distance to enable said second party to make its connections therewith; also, the right of way and use of its ties from the south end of the bridge, including the bridge across the river to its depot grounds at Neenah Station, in Wisconsin, subject, however, to the regulations and stipulations hereinafter contained.

"The said party of the second part, in consideration of the premises, hereby covenants and agrees to lay down and maintain a track, with the necessary switches and frogs, at its own expense and for its own use, from the point of intersection of its own right of way with that of the party of the first part through the whole line which it may use in common with the said party of the first part, and to pay to the said party of the first part monthly, at the end of each and every month during the continuance of this agreement, one-half of the expense of maintaining and keeping in repair the line so used in common as aforesaid (including the bridges, roadbed, and ties, as well as the expense of the necessary signal-men, except, however, the iron, which each of said parties shall furnish and maintain for its own use), a statement of which expenses of maintaining said line, other than maintenance of the rails, shall be

furnished to said second party by said party of the first part monthly, at the end of each and every month during the continuance hereof.

"It is further mutually covenanted and agreed by and between the parties hereto that the payment of said one-half of the aforesaid expenses by said party of the second part shall be taken and accepted by the said first party in lieu of and as rental for the use of the line aforesaid and in full satisfaction thereof, and that said line, for the distance aforesaid, shall be used in common by the said parties, and that a signal shall be erected and maintained at joint expense, and no train of either company shall come upon the said common track until a signal for that purpose has been given; and that working trains of either company shall give way to all other trains, and freight trains to passenger trains; but if trains of both companies of the same class shall come at the same time, the train of the party of the first part shall have preference, and the management, repairs, and maintenance of said common track and line shall be and remain in charge of said first party.

"It is further mutually agreed that this agreement shall continue and remain in force for the period of twenty years hereafter next ensuing, but either party shall have the right to terminate the same upon giving to the party one year's notice in writing of its intention to terminate the same, but such notice shall not be given earlier than the first day of July, 1876.

"In witness whereof, the said party of the first part has caused these presents to be subscribed by its president or vice-president, attested by its secretary or assistant secretary, and the said party of the second part has caused these presents to be subscribed by its president and secretary, the day and year first above written.

"CHICAGO AND NORTHWESTERN RAILWAY CO., "By M. L. SYKES, Jr., Vice-President.

"A. L. PRITCHARD, Secretary.

WIS. CENT. R. R.

CO. SEAL.

"Attest:

}

"WISCONSIN CENTRAL RAILRoad Co., "By GEO. REED, President.

"CURTIS REED, Secretary."

XII. That said Wisconsin Central Railroad Company, in running across said bridge and coming to said block 3, runs on the line of the Chicago and Northwestern Railway Company about one mile; that except that distance the said Wisconsin