Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1871-03-09

tried In said court and the jury empaneled to try
the same shall find the value OF the land taken or
required by said company, and the damages which
the owner owners thereof shall have sustained by
the taking OF the same. and The Judgment Of the SAID
court shall be entered accordingly: Jyondea ntso.
that il shall not be lawful for the SAID commissioners
or said court to proce ed in the assessment OF dam
ages ia the valuation OF any lands or maj erals
Aforesaid In the absence Of the owner or owne his
her, their agents or attorneys, unless shail be-
shown to them be competent testimony that the said
owner or owners shall have had at least five days
notice OF the time and place at which such assessme rs
valuation to be made, or that the said owner
owners are absent from the said state OF Wiscon-
sin and II the said or owners shall he Minors
or non compos mentis, or absent from the Slate,
the service vi notice may be made on the guardian
or trustee II there be any Or IN soch manner as the
making and hing OF the report as aforesaid, and
payment or legal tender of the amount d any valua
ton or appraisal specified therein, to the owner or
owners OF any such lands his, her or their legal rep
rssentatives, or payment thereof into the circuit
court OF the county In which sucA land shall be sit
usted for the owner or owners thereof the said COM
pany, their agents. the contractor Tor making or
repairing said railroad, may Immediately take and
the same, without awaiting the issue Of any APP
peal brought thereon and propided. also, that In
OF appeal aforesaid by the owner or owners
OF such land, the said company, Immediately on no
tice Of the perfection OF such appeal shall pay into
court to abide the judgment therein, the amount
awarded by such commissioners; and in case Of any
appeal by the company II shall be the duty Of such
company to execute bond with sufficient surety, "
be approved by the court, conditioned to pay any
judgment that may be rendered therein and to abide
ty the order OF the court in tho premises. Such
bond shall be filed at the time Of entering the appeal.
and in case Of neglect REFUSAL unless further time
so do shall have been granted by the court, The
appeal may be dismissed on molten. Whenever any
alignment shall have been entered as herein provided,
for the value OF any lands or for any damages FOR
taking and using The same, and the amount specified
in such judgm shalt have been paid and rendered
to the owner owners Of such lands his, her or
heir lpp.
be entitled to the estate and interest in the same as
fully IL Ii had been conveyed in fee simble and II
81, valuation be MT received when rendered, II may
at ny time hereaf err be received, may be collec
ted from said company by action at law at the cost
and expense OF the person persons entitled to the
same prooided, that the costs of any proceedings
and judgments specified in The last preceding section,
shall be taxed by the court and paid by such compa-
n.y. except in cases when upon appeal the verdict OF
the jury shall he for the same ar less sum than that
reported by the Said commissioners chang" OF
venue may b. had In any case OF appeals Aforesaid,
in other in the circuit court OF this state,
and upon the trial OF any such appeal, exceptions
may he taken to the decision OF the court or Judge,
and appeal taken to the supreme court AS IN oidlna-
ry civil cases.
Sac. 30. he company hereby created shall fence
its railroad in parce, 1t shall from time TO time
operate the same at the time II shah commence the
operating any and every such parcel, until the whole
of said railroad is in good proper, substantial ana
workmanlike m amer fenced Throughout the enllre
extent Of the line thereof excepting hen The same
shall run thro3gh or upon street in any city or VII
lage and should the said crmpany fail or neglect,
after the time mentioned in this SECTION, to build
suc fence it shall be lawful for the ner or owners
Of the land through which the said road passes, to
build such fence aud collect costs FIR building the
same of the company operators of said road
SEc. Il. 1t is hereby declared that in the Judgment
OF the LEGISLATURE of this State the objects of the
corporation hereby created cannot be aimed under
general laws
Sgc %. This act is hereby declared to be pub
lie act and tie same Immediately after the passage
thereof, shall be published other public acts
Published. and shall take effect aud be in full force
| from and ait,r its Publication.
approved February "a, 1871.