The Superior times. [volume] (Superior, Wis.) 1870-1912, 1872-05-04

and he has no authorized agent or attorney in this
state, such notice shall be published in a newspa.
per aforesaid, for such length of time as fba
court or Judge appointing sand commissioners shall
direct. The commissioners shall sic proofof such
notices or OF the appearance of such parties before
them, either personally or by attorney, with their
report. But 1t shall not be necessary 10 serve or
publish notice ofany subsequent meeting held pur-
| suant to adjourn -ment. The commissioners shall
| view the premises described in the petition and
hear the allegations of the parties and shall an
praise, ascertain and determine the value of each
! tract or parcel ofland proposed TO be taken with
/ the improvements thereon, and ofeach separate es-
tate therein, and the damages sustained by the
owner by reason of the taking thereof and fix the
amount of compensation to be made to each of such
| owners therefor and in fxn~ the amount of such
| compensation, said commissioners shall not make
any allowance or deduction from the value of the
real estate taken on account of any real supposed
! benefits which the parties in interest may derive
from the construction of the proposed railroad or
the construction of the proposed improvement con-
nected with such road for which such real estate
may be taken; bus special benefits to the real
estate adjoining the lands so TAKEN shall be al
/ lowed in deduction of any damages sustained by
the owner to such adjoining real estate. major
ity OF the commits sioners, all being present, shall
be competent to determine all matters before them.
rD3 commissioners sha--, within twenty days after
nsv1sg any of the lands so taken, make and
file Is rs office of the clerk of the crcut court Of
such ,,Stsy report of their proceedings concern
ing suCc srds, setting forth the award made for,
each traof Ct parcel thereof or separate estate
! therein to- 10 vre' owners thereof The COM
mis- sloners3 ALL sse ftited to such compensation
the court nsy tx et which shall be paid by the
| railroad cOmpal.~,
| Sec. II. Wiha thii Days after the filing of the
report of the commissioners in the office of the clerk
OF the circuit court of the county in which The land
| is situated, any party may appeal to the circuit
! court OF such county from any award made by the
commissioners by filing in the office of said clerk
written notice of appeal. Upon receiving such
notice the appeal shall be considered an action
pending ia court. subject to change of the place Of
trial and appeal to the supreme court other ac-
tons, and shall be entered by the clerk upon the
setting down
owners of the land for which such award was
made, and who are parties to the appeal as plain
| tis, and the railroad company defendant. Such
appea! shall be tried by jury unless trial by jury
is waived by both parties costs shall he allowed
favor of the plaintiff be added to the amount of the
verdict if in favor of the defendant be deducted
therefrom and judgment shall be rendered there
on according to the rights of the parties.
Sec IS. The report of the commissioners shall
| be recorded by the clerk of the court in whose
office the same is filed, in the judgment book of
such court, and at any time after the filing of the
| same, the railroad company may pay to the owner
Or owners of the lands 10 be taken, to the clerk
of said court for the use of such owner owners,
| the amounts awarded by the commissioners, and
! therenpon may enter upon, take and use the land
| for the purposes for which it condemned; and
a writ of assistance NAV be issued to put the rail-
| road company in possession of the same pr0Uj-
ded, that no such writ shall be issued before the
time for appealing from an award has expired. nor
after appeal shall have been taken, without no.
tice to the adverse party and giving such security
| for the payment of any verdict which may be
4
! and pr0gided turther, that if such railroad com
pany be in possession or put in possession of such
i land pending an appeal the owners parties en-
titled thereto shall be entitled to receive the mon
ey paid into court account of the award appealed
| from, without prejudice to the appeal taken. if
the said company shall omit for the space of sixty
! days to pay the amount so awarded into court, or
| I" pay into court the amount of any final Judgment
! which shall be rendered upon any appeal from
( such award the party interested in such award or
| judgment may have execution upon said judgment.
ar for the amount of such award, upon motion II
lpfl Of
eel of the premises shall be suggested in said petit
tion or if any party TO said proceeding, any per
sen not party shall petition the said court, setting
up claim adverse to the title set out in said petit
ton to said premises, and to the money any part
of it TO be paid as compensation for the property
| so taken, the court shall hear and determine the
| rights to the parties 10 said money and for that
| purpose may order a reference an issue to be
tried by a jury Either party may except to the de-
! cisions of the court, and appeal 10 the supreme
I court, in like manner in actions. Either
| court may award costs 10 the prevailing party,
| and render Judgment therefor against the other
| party.
Sec. 10. When no appeal shall be ;-ken from any
award within the time provided by law, and the
railroad company shall have paid the amount there
of into court or filed receipt therefor dGly signed
by the owner, and acknowledged before officer
authorized to take the acknowledgment of deeds in
| the Office of the clerk of the court, when after
he determination Of such an appeal, the railroad
| company shall have paid into court the amount of
| the Judgment rendered thereon, or file receipt
therefor aforesaid the clerk of said court shall
make minute of such payment, or of the filing of
|
such commissioners in the Judgment book OF said
court; and thereupon the exclusive use of said
premises, and every part and parcel thereof, shall
| vest in said company, It's successors and assigns
forever, without any other further act, deed or
conveyance; and said record, or a certified copy
thereof shall be pran11 Tac5e evidence Of such title
in all courts and places.
Sec. %. The court shall have power at any time
to amend any defect or informality in any of the
special proceedings authorized by this act, may
be necessary, or to cause parties TO be added,
and to direct such further notices to be given, TO
any party in interest, as it deems proper and also
to appoint other commissioners in place ofany who
shall die or refuse, or neglect TO serve or be in
capable of serving.
Sec. 81. Whenever railroad company skall
have acquired title 10 any real estate subject to n
mortgage or mortgages or other lien, and proceed
i ings shall have been shall hereafter be COM
menced by The holder of any such mortgage or
other lien to enforce the same, the court in which
Such proceedings shall be pending shall have au-
thority on notice to the parties interested, to ap
point three commissioners TO appraiSe the value of
said real estate, who shall proceed in the manner
prescribed herein to appraise the value of said real
estate at the time the railroad company acquired
title, without Improvements made by the railroad
company, and shall make returns of their proceed
ing to said court, and said appraisal with interest
when confirmed by said court. shall stand as the
maximum amount of the membranes chargeable
to the real estate so taken, and judgment shall be
exceedina snch anproisai With INTEREST aGainct
said company, and may be enforced IN other
cases, and on the payment thereof said company
shall hold said land free and discharged from Gad
mortgage or mortgages or other lien.
Sec y. In any case where railroad or railway
company shall not have acquired tide TO any land
upon which they have constructed their track
tracks, Orlf at any time after attempt 10 acquire
title by appraisal Of damages otherwise. it Shall
be found that the title thereby attempted 10 be ac-
! CURED Is Detective the company may proceed
anew TO acquire or perfect such title III the same
manner az If no appraisal had been made, and at
any stage of such new proceedings, the court may
{ authorize the corporation, if in possession, 10
continue in possession and if not in possession, to
take possession, and use such real estate during
the tendency OF such new proceedings; and may
stay all actions or proceedings against the cOmpa
= ny on account thereof, such company paying
the court may direct TO pay the Compensation
; therefor when finally ascertaned; and in every
such case the party interested in such real estate
may institute and conduct the proceedings TO a
conclusion, if the company delays or omits to pros
ecute the same at the cost and expenses of the
company But no injunction to restrain the opera
ton of the road snail be granted until said COM
pensatiOn has been fixed and determined.
Sec. %. The directors of every railroad compa-
ny may, by vote oftwo-thirds of their whole num-
ber at any time alter change the route or any
part OF the route Of their road or any part of their
road constructed, it it shall appear to them that
e the line can be improved thereby prOUiaed, that
it shall not be lawful to divert the road from any
town county, city village, that has in its
/ porate capacity extended aid to said roads. The
clerk of the circuit cou.t of the proper county,
: certificate of such alteration or change; and shall
have the same right and power to acquire title TO
any lands required for the purposes of the compa
n.y. in such altered changed route if the road
had been located there in the first instance and