Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1871-04-12


fully and to the best of their ability,
to examine the lands so taken or re-
CURED by tie said company, and inn.
partially to- ssflnsate and appraise the
value of the same, and the damage
or injury which the owner OF owners
thereof shall have sustai ed or may
sustain by reason of the taking and use
thereof by said company, whereupon
such commissioner shall proceed to ex-
anime the premises and estimate the
value of such land, aud the amount of
damage, and they or majority of
them. shall make report in writing
OF such valuation, under their hands
aud seals to the circuit court of the
county where the land lies. and shall
return the same within ninety days af
ter their appointment to the clerk of
the circuit court of the county Were
they reside, and it shall be the duty Of
the said clerk to imm- diately file the
some, and in case no appeal shall be
made within thirty days after the filing
of the said report as hereinafter pro-
y.ded, then the said clerk shall record
the same at the expense Of said com.
pany. and jud gment of the said court
shall be entered thereon on motion of
either party at any term of said court
provided, that either party may appeal
to said court within thirty days after
said report shall have been filed in the
clerks office, and such appeal shall be
tried in the same manner as other
issues on trial in said court; aud tie
jury empaneled to try the same shall
find the value Of the land SO taken ils
required by said company, and the
damages which the owner or owners
thereof shall have sustaind by the
taking Of the same. and the judgme,l!
of the said court shall be entered ar
cordinsly; provided, also, that it sha :.
not be lawful for the said commission
ers or the said court to proceed in the
assessment Of damages, or in the valu-
alton of any land. or. materials as
aforesaid, in the absence of the owner
or owners, his, her or their agents or
attorneys, unless it be shown to them
by competent testimony that the said
owner or owners shall have had at least
FIVE days notice of the time and place
at winch such assessment or valuation
was to be made, or that the said owner
or owners are absent from the state OF
Wisconsin; and if the said owner or
owners shall be minors or non conpos
mentis, or absent from the state, the
service of notice may be made on the
guardian or trustee, if Tiers be any
or in such manner as the court may
direct pro0ittea, also, that upon the
making and filing of the report, as
aforesaid, and payment in legal tender
of the amount of any valuation OF. APP
praisal specified therein, to the owner
or owners Of any such lands, his. her
or their legel representatives, Oh pay
ment thereof inIotlis circuit court OF
the county in which such land shall
be situated for the owner or owners
tqereof. the said company. t cir agents
or the contractor for making or repala
ing said railroad may Immediately take
and use the same without awaiting the
issue of any appeal brought thereon;
and prouided also, that in case of any
appeal as aforesai by the owner or
owners of such land, the said company,
Immediately on notice Of the pertec-
ton of SUCH appeal, shall pay into
court to abide the judgment therein
the amount awarded by such commits
sioners and in case of any appeal by
the company, it shall be the duty of
such company to execute bond with
sufficient surety, to be approved by the
court, co ditioned to.pay any Judgment
that may be rendered ttherin, and to
abide by the order of the court in the
premises; such bond shall be filled at
the time of enteri.g the appeal. aud in
case of neglect or refusal unless fur
| Their time 80 to do shall l.aye been
granted by the court, the appeal may
| be dismissed on motion Whenever
any judgment shall have been entered
as herein provided, for the value of
any lands, or for any damages Tor TAX
ing aud using the same, and the
amount. specified in such judgment
shall have been paid or rendered to the
owner or owners of such lands, his.
her or their legal representatives. the
said company S hall b- entitled to the
estate and interest in the same, as
fully as if it had been conveyed in fee
simple; and if such valuation be not
received when rendered, it may at any
| time thereafter be received. or may be-
collected from said company by action
at law. at the cost and expense of the
| person or persons entitled to the same;
provided, that the costs of any pro-
| ceedings aud jud smeut specified in the
last preceding section shall be taxed by
the court, and payed by such company
except in cases when upon appeal he.
verdict Of the jury shall be FIR TIL,
same or for less sum than that re
ported by the commissioners
Sec. 10. The capitai stock of tbs
| company hereby created shall in the
first instance be one million of dollars
wi ch capital stock may be increased
to any sum not exceeding three uni.
lion OF dollars aud SAID capital stock
10 be divided into shares OF one hun
dred dollars eacn .4
Sec l6. The several togns. villages
and cities upoh or ,cosisig'idus. To tie
line Of said road oy tins acr authnr.ze.s
10 conS ructed, as the sa it.e- may
hereinafter oe located and estabiishei
are, aud each of them lis hereby thor
zed TO aid IN the CONSTRUCTION Of SAID
railroad, by subscribing 10 the stocA
OF the company aud paying for the.
same IN money, and ierylng specla
tax to raise money for that purpose, OF
by issuing bonds to SAID company i,
payment for said stock, and ievyin-
faxes IN ma tha inyarast ,o,.r,,a-