Wisconsin tribune. (Mineral Point, Wis.) 1847-1854, 1852-04-29

rnination of said road. and shall have power
20 transport, take and carry property and per
sons upon the same by power and force Of
steam, of animal, or of any mechanical or
other power, or BY any combination Of them;
and they shall also have power to make con
s,ruct and erect all such side tracks. turn
outs. and connecting tracks and all such ware
houses, toil-houses. machine shops. carriages
cars and other works and appe ldages al NAV
be necessary for the convenience of tile com
pany, 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,, at any point within
the limits of the county Of Iowa.
SIC. 10. l. said corporation shall not
within three years from he passage Of this
act, commence the construction Of said rail-
road, then, The rights. privileges and powers
OF said corporation under This act shat be null
and void
SIC. II. l, shall and may be lawful for
said company. their officers. engineers. and
agents. 10 enter upon any land for the pur-
pose Of exploring, surveying and locating the
route of said rail DAD, doing thereto no IN
necessary damage, and when the said route
shall be determined by the said company. it
shall be lawful for them, their agents. engi-
neers, contractors and servants, at any time
70 enter upon, take possession OF, and use
such lands not exceeding five rods in width
along the line OF said route. subject however,
20 the payment of such compensation as tie
company may have agrred 10 pay thereof
or shall be ascer;ained IN the manner herein
after directed and provided in such cases re-
spsctyely.
SIC. -. When the said corporation can
not agree with the owner owners Of sEch
required land for the Purchase thereof. ~ as
TO the compensation t. he paid - sLe owner
or owners of any land for the purpose afore-
said or when by reason Of the legal incapac-
jty or absence OF any such owner or owners
no such agreement OF purchase can be made,
then. and in that case, II shall be lawful for
am Judge Of the cIrcuit cUu.g Of the county In
which such lands are situated, on application
of either party, and a. the eos; and charge Of
such corporation. TO appoin; three Lisintores-
ted persons residing In said county, y HosH
duty /; shall be 10 view and examine or sur
vey such lands, with tie buildings and i'm
provements. ii any thereon, and 10 estimate
the value OF the land 50 taken required bv
the said pany, and all damages which tie
owner or the owners thereof sh1ii sustain or
may have sustained b. reason Of tbs taking
of the same for the construction aid use Of
said road Or works aPPer,aiHing thereto; and
the persons SO appointed before entering upon
The discharge Of such duties. shall take an
oath before some justice Of the peace or other
person competent by law 20 administer oaths,
faithfully and according % the best Of their
abilities. 10 examine the laad 50 taken or re-
quired by sad company, and mpartiaiIy 70
estimate ana app-aise the value ct the same,
and the damage or injury which the owner or
owners thereof shall have sustained or may
sustain by reason Of The failing and using
thereof by the said company, whe-eupon such
commissioners shall proceed to examine the
premises, and estimate the value of such land.
and the amount Of damages, If any, TO tile
owners as aforesaid, and shall make a report
in writing Of such valuation under their
hands and seals to said Judge. and shall re-
turn the same within thirty days after their
appointment 10 the clerk Of the circuit court
of the county in which they reside, and j,
shall be the duty Of the clerk 10 file the same.
and in case no appeal 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 IF said CON
pany. and judgment 81 the said court shall BIZ
entered thereon, on motion Of elthr' party az
any tenn Of said court Pryriis9. That el,he
party may appeal to said court within thirty
days after said report shall have been flied in
the clerks Office, and such appeal shall be
tried IN the same manner as other Issues are
tried IN said court, and the jury enpanRPied
TO try the same shall fad IEe value Of The
land so taken or required by said company.
and the damages which the owner or owners
thereof shall have sustained or may sustain
BY the taking Of the same, and from the con-
stfuction of such railroad. aud judgment Of
the court shall he entered accordingly Pro-
rid,d also That il shall not be lawful or the
said commissioners or said court to proceed in
the assessment Of damages. or in the valuation
of any lands materials as aforesaid, IN the
absence Of the oHneT or owners thereof. his,
her or their agents or attorneys, unless IL shall
be shown 10 them BY competent testimony,
that the said owner or owners shall nave had
CT least five days notice of the time and place
at which 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 minors or
non compos menfIs, absent from the state.
the service of notice may be made on the
guardian or trustee if there be any. In such
manner as the court NAV direct Pr0ridsd.
also, 1 hat upon the making and fling Of any
report as aforesaid. and payment or legal ten
der of the amout or any valuation or appraisal
specified therein TO the owner or owners Ct
sny such lands, his, her, or their legal repre-
sentalives, the sand company, their agents, or
the contractor for making or repairing said rail
road. may Immediately take aud use the same
without awaiting the issue Of any appeal
brought thereon.
SEc. Is. Whenever any judgement shall
have been entered hereInbefoIe provided
tor the Natue OF any lands, or Tor any damage
for the taking and using Of the same, aud the
amount specified in such Judgment shall have
been paid or rendered o the owner or owners
sf such lands, his. her. or their legal repre-
sentatiyes, the said company shaii be entitled
so the easement Of the same 90 long as the
lsnd so valued and taken shall be used for
the track Of said railroad and If such va,ua-
ZION be rot received when rendered: il may at
any time thereafter be received, or may be
collected from said company BY action at law,
a; the cost and expense Of the Person or per
sons entitled . the same.
SEC. &. The said railroad shall Be so
constructed not 10 impede or ohstruct the
free use and passage of any public road cr
roads which may cross the same, and in Al
places where such railroad NAV cross. az ia
my way interfere with any public road, II
shall be the duty Of said company 10 make.
or cause to DE made, sufficient causeway OF
passagewav, TO enable all persons travelling
Il