Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1870-04-21

residing tHereln. no Sucn ilOtiCe necu Oe give
en-. In al cases the appellee may waive such
shall be applicable 10 it as to other cases In
said court. After the hearing of such case
the jury. or if jury be waived, the court
shall assess the value of the lands so entered
upon, taken. possessed, occupied and used by
said company. at the time when the same
was entered upon and taken and after such
assessment the court shall proceed to render
| Judgment against said company or the amount
of said assessment, in favor of the plaintiff or
plaintiffs in such case. If the amount so as
sezsed in favor of the said plaintiff or plain
| tiffs shall exceed the amount awarded by said
commissioners with interest at the rate of
seven per cent per annum from the time OF
such assessment by the jury or court, then
| Judgment shall be rendered against said COM
pany for costs and if it shall not exceed such
amount and interest as aforesaid, then judg-
| ment shall be rendered in favor OF said COM
pany for costs, and against the said plaintiff
or plaintiffs, and execution may issue accord
| ingly. Either party shall be entitled TO a
change of venue for the trial of such cause,
on affidavit filed, stating the belief of the per-
son making the affidavit that fair trial can
| not otherwise be had. The change of venue
shall be to the nearest county where a fair
tr al can be had. The judgment of the cir
| cult court may be reviewed or appeal or writ
of error, as other cases at law. Whenever the
commissioners shall make an award as afore-
said, and no appeal shall be taken from the
same, or whenever. in case of appeal final
iudo ment shall be rendered it shall be the
duty of the company, and not before, TO paw
to the party entitled to the same. the amount
of SAID award or Judgment and liz any case
where here shall be any lein. incumblaHce,
tax sale. tax title or equitable claim to or up
on the land or any part thereof which is the
subject matter of such award or judgment, or
when more than one person shall be entitled
to or shall set up any claim to the amount of
such award or Judgment or any part of it, or
when the person entitled to receive the same
shall not have any known residence within
the state, the said company may deposit the
amount of such award, when there is no APP
peal, with the clerk of the court with whom
the award in the case shall have been fled
and in case of an appeal and judgment there
on, the company may deposit the amount of
such Judgment with the clerk of the circuit
court in which such judgment shall have been
rendered, aud the money SO deposited in eth
or case. shall be paid over by order Of the cir
cult court, to the person or persons who shall
be adiudged TO be entitled to receive the same.
Whenever the amount of such award or judg-
ment shall have been paid. rendered or depos-
tied, as aforesaid, an absolute estate in tee
-.
vested in said company, and AL persons so
receiving notice from the said commissioners,
and all persons claiming under them, shall he
forever concluded from questioning such title
so acquired by the said company. Said COM
pany shall have full power and authority, af-
ter entering upon aud taking such lands, to
have hold, possess occupy. use and ENJOY the
same for any of the lawful purposes of the
said company, from the time of such entry
and taking, until the proceedings provided for
by this act shall have been finally determined,
and until said company shall have refused at.
ter demand made, 10 pay the value OF the land
so ascertaned as aforesaid aui the said COM
pany shall not. during such time or until
such refusal, be disturbed in such possession
or occupancy, use or e2joym mt, by any pro-
ceedings either in law or equity.
Sec. -. The said company shall have the
right. authority and power, and it is hereby
authorized and empowered. TO construct its
said railroad across, over or under any rail-
road it may intersect. upon. and along. across,
under or over any public or private highway,
road street, pankroad or railroad. if the same
shall be necessary but the said company
shall put said highway, road. street, plank
road or railroad. in snch condition and state
of repair as not to impair or interfere with Ifs
free and proper use, and also TO erect and
maintain all necC ssary bridges for the use of
their railroad over any stream of water
water course. at such points of crossing the
same as said road may be located. with all
necessary abutments, piers arches an founda-
tiOns.
Sec. Is. II any person shall willfully or
knowingly injrre or destroy any part ar por-
ton of the railroad SO to be constructed, or
any works, buildings or machinery attached
to or in use upon the same, belonging to said
company, or shall williully or maliciously
place any obstruction or thing upon the track
Of said railroad, such person or persons so of
Tending shall each of them for every such of
fence, forfeit and pay to said company three
times the amount of damages caused by such
offense, which may be recovered in the name
of the company, in any court of competent
jurisdiction. Such person or persons shall
also be subject to indictment, aud on conyic-
ton of any such offense shall be punished by
fine and Imprisonment in the state prison or eth
or, at the discretion the court and in case any
accident shall occur in consequence of any such
obstruction or damage to said road or machinery,
whereby the death of any person shall be caused,
the person so offending shall Gu conviction, be
adjudgcd guilty of murder in the first degree,
and punished accordingly, in such manner as shall
be prescribed by law for the punishment OF muir
der in the first degree.
Sec. IA. The several counties, towns, villages
and cities. upon contiguous to the line of said
road by this act authorized to he constructed, as
the same may hereafter be located and establish
ed. are and each of them is hereby authorized to
aid in the construction of said railroad by subscrib
ing to the stock of the company and paying for
the same in money, and levying a special tax TO
raise money for that purpose, or by issuing bonds
to said company in payment for said stock, and
evying taxes to pay the interest as it accrues up
on said bonds and TO establish sinking fund for
the gradual redemption and ultimate full redemp-
tion of said bonds at maturity and for these pur
poses the board of supervisors or officers OF such
counties or towns, the boards of trustees of such
villages and the common council OF such cities,
respectively and severally, shall have power TO
negotiate and arrange the terms and conditions
upon which such aid shall be granted to enter into
all proper contract with said company in relation
to the same and to adopt such ordinances and reg
ulatons pertaining thereto, or to the taxes TO be
levied under this act, as may be expedIent and
proper and consistent with law; provided, that
before any such aid shall be granted or contracted
for by any such county town, village or city. the
question of granting the same shall be submitted
to vote of the electors thereof respectively and
provided further, that the provisions of this sec
ton shall also apply to the Northern Wisconsin
railroad company.
Sec. IS. This act is hereby declared to be
public act and shall take effect and be in force from
and after its passage and publication.
Approved March II, 1870.
From DR.. Hollands Hours at Home."1
D-h. r. r..