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

any place to sell. pledge, hypotheca'e or 9TH
/ erwise dispose of any or all OF the aforesaid
1 bonds hereby authorized to be issued. at par
| or at any price less than par, and for such
sum or sums, and on such terms as to the said
company shall appear most for the interest OF
said company and the said company and its
directors, officers, agents and brokers are
hereby authorized and empowered to have,
exercise and enjoy all the rights. privileges
and powers hereby conferred upon them, re
/ speciively, any law of this state to the con-
trary Notwithstanding and any such mort
! gage or deed of trust, and every discharge or
satisfaction thereof may be recorded in the
office of the secretary of state, IN proper
book kept for that purpose and the certifi-
cate of such recording, endorsed on such
mortgage or deed of trust, shall have the
same effect as if such mortgage or deed of
trust was recorded in the several counties
through which such road may run, and such
record in the office of the secretary of state,
shall be sufficient notice TO all persons.
Sec. 10. The said corporation shall have
authority and power, and is hereby authoized
and empowered. by it's officers. engineers
and agents, to enter upon any land for the
purpose of exploring, serveying, locating or
determining the route of its railroad, and
when the route said railroad shall be determin-
ed by saidcompany, by resolution adopted by
the board of directors the company also shall
have authority and power. and it is hereby
authorized ard empowered, by its agents,
! officers, engineers, contractors, employees and
servants, to enter upon. take, possess. occupy
and use any land along and including the
| line of said route, not exceeding one hundred
! feet in width and said company shall also
have authority and power, and it is hereby
authorized and empowered, at any time to
enter upon, take, possess, occupy and use any
other lands beyond the limits of one hundred
| feet, which shall be necessary for the use of
company, for the purpose OF erecting depot
buildings, stopping stages, station houses,
! freight houses, warehouses, engine houses.
machine shope, or for buildings or fixtures of
any kind. or grounds about any such build
| ings. houses or fixtures. for the convenient
operation of the business of the road, or for
| the purpose of removing such substances and
/ things an may endanger, obstruct or interfere
! with the free use of said road, or for the pur.
pose of making deep cuts or excavations, or
for the purpose of deposting earth, gravel or
stone, or for the purpose of obtaining earth.
! gravel or stone, or other materials for embank-
ments, structures or superstructures, necessary
to or for the construction, completion. altera-
! ton, maintenance, preservation and complete
! operation of said railroad and a copy of
| said resolution, duly certified by the secretary
| of sail company. shall be recorded in the
| Office of the register of deeds of the county
! in which the lands described in the resolu-
| ton shall lie. And all private property
which the said corporation is by this act au-
| thorized to take. is hereby declared to be
taken for public use. And the said company
shall at such a time and in such a manner as
is prescribed by this act, pay the full value
of all lands so taken, possessed, occupied or
used, which value shall be ascertained in the
| L Ill
the same shall have been paid, rendered or
deposited, as provided in this act. the title in
and to any aud all such lands shall become
vested in said company for the purposes of
| said railroad and whenever the company
! shall deem that the same or any pant thereof
shall be no longer necessary for the purposes
for which the same were taken, the said COM
pany is hereby aut horzed and empowered to
lease or sell the same. or any part thereof.
Sec. IL. Whenever the line of said rail-
| road shall be located and its route determined
the said company shall apply, by attorney.
10 the circuit court for the, county through
which it passes or to the Judge thereof in
vacation, for the appointment of three COM
missioners to make an appraisal and award of
the value Of any and all lands which are the
private property of any person on the line of
said railroad, and which the said company
| shall have entered upon taken. possessed, oc-
| cupied or used. or which it may thereafter
enter upon take, possess, occupy or use for
| any of the purposes for which, by this act,
| the said company is authorized TO enter upon,
take. possess. occupy or use lands. The said
company shall give notice of its intention to
apply for the appointment of such commits
sioners by publishing the same at least ten
| days before the time for hearing such appl-
| cation, in at least one newspaper published in
| the county in which such land shall be and
| upon an affidavit of the publication of the
same, the court or judge to whom the appli-
cation shall be made, shall appoint three COM
! missioners, who shall have cOgnizance of all
cases arising on the line or route of said rail-
road and they shall proceed to examine the
premises in each case separately, having first
| given such notice as they may deem reason-
| able to the owner, and at least five days per-
sonal notice to such owner, if resident i'm the
county and whenever it shall appear to said
| company or its officers, that the title to such
| land is in dispute. or that several parties
claim interest therein by tax sales, tax titles,
| membranes, liens or equitable claims, the
said commissioners SHALL upon request of said
company or its officers, Civ notice to all per-
sons claiming any interest in such land,
whether as owners, incumbrancers, or other
wise (and when the person to be notified
| has no known residence in this state, within
the knowledge OF Sucn commissioners, the
notice may be by publication in newspaper,
for such length of time as the commissioners
shall deem reasonable y and after making
such examination, the said commissioners, or
a majority of them, shall, in each case. sep
arately make an appraisement and award of
the value of the land 50 entered upon, taken,
possessed, occupied, or used by said company,
for any of the purposes aforesaid, at the time
! when the same was so entered upon and
taken, and shall deliver one copy of their
| award in each case to the said company. and
shall file another in the Office of the clerk of
| the circuit court, of the county in which said
| land shall be, with the costs of the award tax
ed upon each of said copies; and if neither
party shall appeal from said award. in the
manner hereinafter provided, the said circuit
court, on motion of the party in whose favor
! any award shall be made tor such value as
| aforesaid, unless such award shall have pre-
viously been paid, shall enter up Judgment
| in conformity with such award. And i'll case
either of said commissioners shall die, resign
or decline to act, the said court or judge shall
| appoint another commissioner in his siead.-
The said company. or any party receiving
notice from the said commissioners as afore-
said. may. within thirty days after such
aV2 shall have been filed with the clerk as
| aforesaid appeal from the same to the circuit
| court of the county IN which such award shall
| be filed, by filing with the clerk of said