Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1871-04-19

owner, and at least five days personal notice
to such owner. If resident in the county and
whenever it shall appear 10 said company or
its officers that the title to such land is in dis
pute, or that several parties claim interest
therein by tax sales, tax titles, membranes,
liens equitable claims, The said commissioners
shall upon request of said company or is Of
ficers. give notice to all persons claiming any
interest in such land whether as owners. in
cumtfancers or otherwise {and when The
person to be notified has no known residence
in this state. within the know ledge of such
commissioners, the notice may be by publica-
ton in a newspaper, for such length of time
as the commissioners shall deem reasonable !
and after making such examination, the said
commissioners. or a majority OF them, shall
in each case. separately make an appraise-
ment and award of the value of the land so
entered upon, taken, possessed, occupied or
used by said company TO. y of the purpos-
es 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 lands shall be, with the
costs of the award taxed 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 any party in whose favor any award
shall be made for such value as aforesaid. I'M
less such award shall have previously been
paid, shall enter up judgment in conformity
with such award. And liz case either of said
commissioners shall die, resign or decline to
act. the said court or judge shall appoint an
other commissioner in his stead. The said
company, or any party receiving notice from
the commissioners as aforesaid may, within
thirty DAYS after such award shall have been
filed with the clerk as aforesaid, appeal from
the same to the circuit court for the county
i'm which such award shall be fled. by filing
with the clerk of said court a written notice
of sucn appeal. Upon receiving such notice
the clerk shall enter the appeal as a case up
on the docket of the court, setting down the
owner or owners and persol or persons claim
ing anv interest in said land. embracing all
persons SO having received such notice from
said commissioners, rs plaintiffs, and the
said company as defendants and the said
court shall proceed to hear and determine
such case in the same manner that other Ca
SEES are heard and determined in such court !;
and all issues of fact arising therein Snail be
tired by jury. unless a jury be expressly
waived by both parties The appellant shall
not be entitled to have the ase tried at any
term OF said court unless he shall give notice
to the appellee or his attorney at least ten
DAYS before the first day Of the term that he
will demand a trial at such term. but in case
the appellee has no known residence in this
state or attorney of record residing therein,
no such notice need be given. In all cases
the appellee may waive such notice, in which
case the same rule for trial shall be applica-
! bic to it as TO other cases in said court. Af-
ter the hearing of such case. lie jury, or if a
jury be waived the court sha assess the val
e 81 l,,, fox
essed, 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 for tie amount of said
assessment in favor of the plaintiff or plain
tiffs. i'm such case If The amount SO assess
ed in favor of the said plaintiff or plaintiffs
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 fol costs aud il it shall not exceed
such amount and Interest as aforesaid, then
Judgment shall be rendered in favor of said
company for costs, and against the said
plaintiff or plaintiffs, and execution may is
sue accordingly. Either party shall be enti
tied 10 a change OF venue for the trial of such
cause, on affidavit filed. stating the belief of
the persos making the affidavit that tair
trial cannot otherwise be had. The chinge
of venue shall be to the nearest county
where fair trial can he had. The Judgment
of the circuit court may be reviewed on APP
peal or writ of error. as in other cases at law
Whenever the commissioners shall make an
award us aforesaid, and no appeal shall be
taken from the same, or whenever in case of
appeal final Judgment shall he rendered it
shall be the duty of the company, and not be-
fore, 10 pay TO the party entitled to The same,
the amount of said award or judgment and
i'm any case whea there shall be any lieu. in
cumbrance. tax SALE tax title, or equitable
claim to or upon 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
10 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 appeal, with the clerk of the cOure
with whom the award in the case shall have
been filed and ia case Of an appeal aud
judgment thereon, the company may deposit
the amount of such Judgment with the clerk
of the circuit court, in which such Judgment
shall have been rendered, and the money so
by order of the circuit court to the person or
persons who shall be adiadged to be entitled
to receive the same. Whenever the amount
of such award or judgment shall have been
paid. rendered or deposited as aforesaid, an
absolute estate in fee simple in such lands
shall be and become vested in said company,
and all persons so receiving notice from said
commissioners, aud all persons claiming I'M
der them, shall be forever concluded from
questioning such title so acquired by the said
company. Said company shall have full pow
er and authority, after entering upon and TAX
ing such lands, to have mold, 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 proceed
ings provided for by this act shall have been
finally determined, and until said company
shall have refused after demand made to pay
the value of the land SO ascertained as afnre-
said and the said company shall not during
such time nor until such refusal, be disturbed
in such possession or occupancy, use or en-
joyment by any proceedings, either in law or
equity.
Section IL The said company shall have
the right authority and power, and it is here
by authorized and empowered to construct
its railroad across. ever ~ under any railroad
it may intersect, upon and along. across, un-
der or over any public or private highway.
road, street. plankroad or railroad, if the same
shall be necessary but the said company
shall put said highway, road. street, plank
ROAD or railroad in such copd ton and stale
OF repair. as not to impair or intefere with
its tree and proper use and also to erect and
maintain all necessary bridges for the use of
their railroad, over any stream of water course