Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1868-04-11

5e gg act, /
the judge shall appoint others IL their places and
q memorandum of such substitution shall be in |
dorsed on the Pecept. W
Ses. s. The said jurors, at such times as they |
shall agree upos, shall proceed in body to view J
the premises in question, and shall hear such test
mony as may be offered by any person interested,
Of the jurors, ard either of the jurore shall be
thorzed to administer the necessary oaths to Wit
nesses.
sec g. After IYiewing the premises and hearing
such testimony as may be offered, the jurors shall
IN axe report of their proceedings, which shall be
signed by then respectively and shall state whether
in their judgment &c Is necessary to take the prem
ides in question for the public uses which said re-
port, testimony and precept shall be returned TO
the Common council within the time limited there
in.
Sec. T. Should the jurors report that it ia neces-
sary TO take such premises, the common council shall
enter an order among their proceedings confirming
Gaid report directing the said jurers within
month thereof er, or such further time as may be
deemed proper TO rgain view said premises for the
purpose ofascertauDg and determining the amount
Of damages to be paid to the owners OF the
property proposed to he taken, aud also what lands
or premises will be benefited by such taking, and
to assess a3d turn within the time limited, such
damages and benefits to the common council.
See. s. III there should be any but ding, in whole
in art upon the lands to be taken, the jurors,
before proceeding to make their assessments, shall
first estimate and determine the whole value of
each building to the owner, aside from the value
the land, and the injury to him in having said
blu lding taken from him and, secondly, the value
OF euch building to him to remove.
Sec. 0. At least ten days previous notice Of such
determination, shall be given 10 the owner or his
agents. IL known, and resident Of the city, or left
at ais usual place of abode. II net known, or q
resident, notice to all persons interest ed shall
be given by publication in the official paper three
successive weeks. Such notice shall specify the
building aad the award Of persons 1.-THE jurors.1 1t
bal! also require parties interested to appear by
day be therein nsmedo give notice Of their cleo
ton to the common council, either to accept the
award of the juors, and allow such building to be
taken with the land appropriated, of their intent
to remove said buidingat the value thereon set by
the jurors to remove. If the owner shall agree TO
remove such building he shall have such time for
this purpose as the common council shall allow.
Sec 10. If the owner refuses to take the build
ing at the value 70 remove, fail 10 give notice of
his election aforesaid within the time pre- scribed
the common council shall have power to direct the
sale of said building at public auction for cash,
giving ten days notics of such sale. The pro-
ceeds 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 oil such other premises as will In
th cir judgment be injured or ben Gifted thereby.
After hearing such testimony as may be offered by
any parties Interested, and which shall be reduced
TO writing by one Of said jurors, they shall proceed
to make their assessment and to determine and APP
praise TO the owner owners the value Of the real
estate so proposed to be taken, and the injury
arising to them, respectively, In consequence Of
the taking thereof, shall be awarded to the owners
respectively, as damages, after making due allow
ance thereffom for any benefit which such owners
may respectively derive from such improvements.
In the estimate OF damages to the land the jurors
shall include the value of the building buildings
Qf theproperty of the owner ofsuch iandl as etima
dby the aforesaid less the proceeds Of the
sale thereof or IL taken by the at the value
to remove, in such case they shall only include the
difference between such value and the whole est-
mated value of such building or buildings.
Sec. IL. If the damage TO any person be greater
than the benefits received, or II the benefits be
greater than the damages, in either the jurors
shall strike balance and carry the difference for
ward to another column, so that the assessment
will show what amount is to be received paid by
such owner or owners respectively, and the differ
only shall in any case be collected by them or
payable to them.
Sec. l3. If the lands or buildings belong to
several persons, or If the lands be subject to lease
or mortgage, or If there be any estate in it less
than estate in fee, the injury done to such per-
sons or interests, respectively may be awarded to
them by the jurors less the benefits resulting to
them especively from the proposed improvement.
Sec. IA. Having REcertained the damages and
expense of the proposed improvement as aforesaid
the jurors shall thereupon apportion and assess the
together with the cost or the proceedings up
on the real estate by them deemed benefited in
proportion TO the benefits resulting from the pro-
posed improvements as nearly as may be, and shall
describe the real estate upon which the
may be made. The award of such jurors shall be
signed by them and returned together with the
timoDy taken, to the common council within the
time limited Ia their order of appointment.
Sec. Is. The land required TO be taken for the
purposes mentioned in this act, shall not be APP
propriated until the damages awarded therefor to
the owner thereof shall be paid or rendered to the
owner or his agent, aud in he said owner or
agent cannot be found or Is unknown, deposited to
his or .heir credit in some Safe place of deposit;
aud then and not before, sush lands may be taken
and appropriated for the purpose required and the
same snail thereafter be subject to all laws and
ordinances OF the city in the same manner as
streets alleys ana public groun DIS heretofore OPEN
Sec. TO- When the whole Of any lot or tract OF
land, or other premises, under lease under con-
tract, shall be taken by virtue of this act, all the
covenants, contracts or engagements between land.
lord and tenant, or any other contracting parties
touching the same, or any part thereof, shall up
on the confirmation of such report, respectively,
cease and be absolutely discharged.
Sec. II. When only part OF a lot or tract Of
land or other premises SO under lease or contract
shall be taken for any of the purposes aforesaid,
ali the covenants, contracts or agreements re-
speeding the same, upon the confirmation Of such
report, shall be absolutely discharged as to the
pert thereof so taken, but shall remain valid as TO
the residue thereof; and the rents, considerations
and payments reserved, payable and to be paid for
toned that the part thereof justly and equItaby
payable FOR such residue thereof, and no more
shall be paid or recoverable for in respect to the
same.
Sec. IS. The damages assessed shall be raid or
rendered, or deposited, as herein required within
six months the confirmation of such assessments
posted, all the proceedings In any such case shall
be Toid. The benefits 60 assessed from the eonhr-
nation OF such report shall become and remain
lien upon the premises so determined by the OPEN
ing or widening OF such street, alley or public
ground.
Sec 49, When any known owner of lands or
teuewents effected by any proceedings under this
act. shall be an infant, or labor under legal dis
ability the the iudse oP anv % &c
record in said county, may upon the application OF
the common council or such party his friend
appoint guardian for such party, and all notices
is1. = - = So - '" SUI" uA'u-
Sec. 20. After the jurors shall have m ade their
report as TO the necessity of taking any lands under
this act, and the same shall have been confirmed
the common council shall have power to appoint
new jurors in the place Of any who shall neglect or
refuse to serve, and the jurors before entering
on the discharge Of their duties, shalI seyeralIy
take oath before some competent officer. that
they are freeholders of said city and not interested
in the premises proposed to be taken and that they
will faithfully and impartially discharge the trusts
reposed in them.
Sec. 81. Any person whose property is taken, or
against whom an assessment Is made, may within
ten days from the return Of said jurors Co the COM
mon council appeal from the said assessln ept Of
damages or benefits, to the circuit court OF Pierce
county, where such appeals shall be tried by the
court aud jury as In ordinary cases. The common
council shzll have the same right to appeal. N
sec. "a; whenever any pubic ground, street or
alley shall be laid out, Uidened or enlarged under
the provisions Of this chapter, the common council
shall cause an accurate survey and profile thereof
TO be made and fled in the Office Of the city sur
reyor. 9A
E CHAPTER vi,
se'tIon 1. The common council shall cause a
survey of all streets to be made and the grade
thereof established and an accurate and perfect
map and profe Of the same made and deposited
with the CLERK Of the said city, with suitable field
notes and explanations thereof to enable the same
to be fully understood which grade shall be strict
ly complied with, unless altered and modified as
hereinafter provided Ia the opening and grading of
all Streets and IA the erection of all bridges suic
es, water courses and drains, and in constructing
all sidewalks, Platforms, cross.wslks and alley
ways.
Sec. 2. Upon application In writing of the resi-
dent owners OF three-fourths of the lots upon any
street, or upon that part of any street in which