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Authorizing the construction and operation of certain

horse railways in the streets of the city of Milwaukee.

The mayor and common council of the city of Milwaukee do ordain as follows:

Section 1. Be it ordained by the common council of

Streels in Third, the city of Milwaukee, in the name and on behalf of said Seventh and First city, that there is hereby granted to " The River and Lake Wards. Shore City Railway Company," organized in accordance with the provisions of chapter seventy-three, of the revised statutes of the state of Wisconsin, and to its successors and assigns, the exclusive right, permission and authority to lay a single or double track for a railway, with all necessary and convenient tracks for turn-outs, side-tracks and switches, in and along any of the streets in the Third, Seventh and First wards of the city of Milwaukee, and to operate the railway, cars and carriages thereon, in the manner and for the time, and upon the conditions hereinafter prescribed; provided, that said track shall not be laid within twelve feet of the sidewalk upon any of the streets, in any case wherever it is practicable to avoid it. Section 2. The cars to be used upon said tracks shail

Cars to be used. be operated with animal power only, and shall not connect with any other railway on which other power is used. It shall be the duty of said railway companies to employ careful, sober and prudent agents, conductors and drivers, to Duty of company. take charge of their car or cars, when upon their road or roads, and for the violation of any ordinance of the city, on the part of any such officer or officers, employe or employes, upon their said road or roads, the said company shall be liable for all fines, forfeitures, penalties and damages arising therefrom; Provided, however, that nothing in

Proviso. this ordinance shall be deemed or taken to exonerate or discharge, or in any way free any such officer or employe

from the penalty or penalties for any such violation, or

other act or acts by them committed. For what tracks Section 3. The said tracks or railways shall be used for may be used.

no other purpose than to transport passengers and their ordinary luggage, and the cars and carriages used for that

purpose shall be of the best class and style used on such Council may make railways. The common council shall have power, at all regulations.

times, to make such regulations, as to the rate of speed and manner of running the cars or carriages, as the public safety may require.

Track, how constructed.

Section 1. The track of said railway shall not be elevated above the surface of the street, shall be laid with modern improved rails, and shall be so laid that carriages and other vehicles can easily and freely cross said track, at any and all points, and in any and all directions, without obstructions.

Section 5. The rate of fare for any distance shall not Rate of fare.

exceed five cents, except when cars or carriages belonging

to said company shall be chartered for a special purpose. Company to keep

Section 6. In consideration of the rights heretofore streets in repair. granted to said company, the company shall keep so much

of any streets used and occupied by them in operating said railways, in good repair and condition, during all of the time to which the privileges hereby granted to said conpany shall extend, in accordance with whatever orders or regulation may be passed or adopted by the common council of said city, respecting the streets along or through which the railway tracks shall be laid, and the said company shall be liable for all the legal consequential damages which may be sustained by any person, by reason of the carelessness, negligence of misconduct of any of the agents or servants of the company, in the course of their employment in the construction or use of the railways

aforesaid, or either of them. Franchise for term

Section 7. The right to operate said railway shall of twenty-five extend to the full time of twenty-five years from the pasyears.

sage thereof, and at the expiration of said time, the said

company, its assigns or successors, shall be entitled to Common council

enjoy all of such privileges, until the common council shall may order pur- elect by order for that purpose, to purchase said track of chase, when.

said railways, cars, carriages, station houses, depot grounds, furniture and implements of any kind and

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