Mineral Point tribune. [volume] (Mineral Point, Wis.) 1854-1858, 1857-04-15

oi ~ wiz pc necessary or eXpedent to take the
same ior the purpose specified in said petition.
SEC. 8. Upon the presentation Of such ap-
pllcatlon and upon proof of the publication OF
service herein before required, the said Judge
shall thereupon appoint twelve reputable free
holders residents Of the City, but not residents
Of the Ward in which such premises NAV lie.
nor interested in such application. The said
Judge shall thereupon issue his precept dircc-
ted to said Jurors, requiring them within thr-
ty days to view said premises to be specified in
SAID precept, and to make returns under their
| hands to the Common Council whether in their
Judgment it is necessary to take said premises
| for the purpose specified in such application.
! SEC. 4. If any of the Jurors 80 appointed
| shall be disqualified from acting or shall refuse
to act, the Judge shall appoint others III thei
| places, and memorandum of such substitution
shall be endorsed on the precept.
| Sec D. The said Jurors at such times as
they may agree upon shall proceed in body
to view the premises in question, and shall hear
such testimony as may be offered by any party
interested, which testimony shall be reduced
10 writing by one of the Jurors, and either Of
the Jurors shall be authorized 20 administer
the necessary oaths to witnesses
SEC. 8. After viewing the premises and
hearing such testimony as may be offered the
Jurors shall make report of their proceedings,
which shall be signed by them respectively and
which shall state whether in their judgment it
| IS necessary to take the premises in question
Tor the public use, which said report, testimony
and precept, shall be returned to the Common
Council within the time limited therein.
SEC. I. Should the Jurors report that it is
necessary to take such premises, the Common
Council shall enter an order among their pro-
ceedings confirming said report and directing
| the same Jurors within one month thereafter,
or such further time as may be deemed proper
| to again view said premises for the purpose Of
ascertaining and determining the amount OF
damages to be paid to the owner or ownersof the
property proposed to be taken, and also. wha.
lands or premises will be benefited by such tax
ing, and to assess and return within the time
limited such damages and benefits to the Com
mon Council
Sec. s. If there should be any building
standing whole or in part upon the lands to be
taken, the Jurors before proceeding to make
their assessments shall first estimate aud deter
mine the whole value of such building to the
owner aside from the value of the land and the
injury to him In having such building taken
from him, and secondly the value OF such build
ing to him to remove
SEC. 8. AT least ten days personal notice OF
such determination shall be given TO the owner
or his agent if known, and resident of the
City, or left at his usual place of abode Ifnot
known or a nonresident, notice to all persons
interested shall be given by publication in the
official paper three successive weeks Such no.
tice shall specify the building and the award
OF the Jurors 1t shall also require the parties
interested to appear by day 10 be therein
named or give notice of their election 70 the
Common Couaci either to accept the award of
Ia md all hpii.I h.
en- with the land appropriated, or their inten-
ton 10 remove said building az the rate set
thereon by the Jurors to remove. Ifthe own
er shall agree to remove such building, he shall
have such time for this purpose as the Com
mon Council may allow.
SEC. 10. If the owner refuse to take the bull
ding at the value TO remove or fail 10 give no.
tice of his election as aforesaid within the tims
prescribed the Common Council shall hava
power to direct the sale of such building at
public auction for cash, giving ten days notice
of such sale. The proceeds shall be paid to
the owner or deposited to his use.
SEC. IL. The said Jurors within the time
limited shall view and examine the premises
proposed to be taken, and all such premises as
will in their judgment be injured or benefited
| thereby. After hearing such testimony as NAV be
I offered by any party interested, and which shall
y
they shall proceed TO make their assessment and
to determine and appriZe to the owner or own
ers the value Of the real estate so proposed to
be taken, and the injury arising to them respec-
lively IN consequence of the taking thereof
which shall be awarded to such owners respec-
/ lively as damages after making due allowance
theretrom for any benefit which such owner
may respectively derive from such imp owe.
| ment. In the estimate of damages to the land
1 the Jurors shall include the value OF the build
ing or buildings (if the property of the owner
/ CT such iand) as estimated by them as afore-
said less the proceeds of the sale thereof or IL
taken by the owner at the value to remove
/ IN such case they shall only include the differ
euce between such value and the whole estima-
ted value Of such building or buildings
oEc. II, If the damage to any person be
greater than the benefits received, or if the ben
ent be greater than the damages, in either case
the Jurors shall strike balance and ccrry the
difference forward to another column, so that
! the assessment will show what amount is to be
received or paid by such owner or owners re-
spectively, and the difference only shall in anv
case be collected OF them o. payable to them.
SEC. l3. Ifthe land or buildings belong to
different persons, or if the land be subjected 10
lease judgment or mortgage, or if there De any
estate IN 1t less than an estate in fee, the in-
jury done to such person, or interest respective
ly, may be awarded to them by the Jurors, less
the benefits resulting to them respectively from
| the proposed improvement
Sec. ii. Having aScertained the damages
and expenses of the proposed improvement az
Aforesaid, the Jurors shall thereupon apportiou
and assess the same together with the costs oi
the proceedings upon the real estate by them
deemed benefited in proportion to the benefits
resulting thereto from the proposed improve
mentS, as nearly as may be- and shall describe
the real estate upon which the assessments
may be made. The award of the said Jurors
shall be signed by them and returned, together
with the testimony taken, to the Common
Council within the time limited in their orde,
of aDDointment