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

chapter 80 of the general laws of 1871 entitled
IAN act to amend section 81 of chapter 1874 of the
revised statutes, entitled 'Ofexecutions and pro
ceed1ngs supplementary thereto ;"
The people of the state Of Wisconsin, represented
in Senate and Assembly, do enact as follows:
Section 1. ItWas and is the intent and mean
ing of chapter SO OF the general laws of 1871. ent
tied san act to amend section 81 OF chapter 1884, of
the revised statutes, entitled 'of executions and
proceedings supplementary thereto" that th G
same shall not apply to contracts purchases of
property made or entered into prior to the pas
sage OF said act.
Sec. 2. This act shall be in force from and after
its passage and publication. ~ Cory.
Approved February9, 1872.
[Published February 10, 1871
CHAPTER 3.--GENEEAL.
AN ACT to amend section "a of chapter II of the
revised statutes entitled of fences and fence
viewers; OF pounds and the impounding of
cattle.
The people of the state of wisconsin, represented
in senate ana assembly do enact as follows
Section l. Section twenty-four Of chapter seven
teen of the revised statutes, is hereby amended by
adding after the word "town,'' where 1t occurs In
said section, the words, " or village SO that the
said section, when SO amended, shall reg as fol-
lows Section "a. If any person shall wilifuly in
Jure any pound, maintained by any town or Vll-
lage, he shall be deemed guilty of misdemeanor,
and on conviction thereof, shall be punished by
fine not exceeding fifty dollars, or by imprison-
ment in the county Jail not exceeding Ninety days,
at the discretion OF the court.
Sec. e. This act shall take effect and be in force
from and after its passage and publication.
Approved February g. 1872. 10 CORY
Published February 10, 1872.
CHAPTER 2-GENERAL-
AN ACT in relation to railroad companies organ
lied under chapter seventy three OF the revised
statutes, entitled 'Of joint stock companies -
The people of the state of Wisconsin, represented
in senate and assembly, do enact as follows
Section 1. Any corporation he -etofo-c organ
lied under the provisions OF chapter seventy
three OF the Revised statutes of Wisconsin, for the
purpose of building railway in this state, may
by vote of its board of directors, increase its
capital stock to an amount not exceeding twenty
five thousand dollars for each mile of rail way
which SAID railway corporation may, by its articles
of association, contemplate building in this state
and said capital stock may be divided into shares
of one hundred dollars each.
Sec. 2. Every such railway corporation may
hold such real estate In fee simple, within this
state, as it may acquire by purchase or otherwise,
and my manage, sell, lease and dispose OF the
same by Its proper officers, at pleasure.
Section j. No such railroad company shall ever
set up the defense OF usury as against the Ioder
ofany bond or other obligation Tor the payment OF
money, issued by eaid company.
Sec. A. Any mortgage or deed of trust executed
by any such railway company, may be recorded in
the ohce of The secretary of state in book to be
kept tor that purpose, and such record shall have
the same etle CT as if sHCh mortgage deed CT
trust recorded in the several counties through
which such road may run.
Sec. 5. Any such railway company shall have
authority and power, and Is hereby authorized
and empowered, by its officers. engineers and
agents TO enter upon any land for the purpose of
exploring, surveying, locating or determining the
route OF Its railroad, and Wien the route of ssid
railroad shall be determined by said company by
resolution adopted by the board of directors the
company shall have authority and power. and it is
hereby authorized and empo Wered, by its agents
officers, engineers contractors, employees and SER
wants to enter upon, take, possess occupy and use
any land, along and including the line of said
route, not exceeding one hundred feet 1T width
and the said company shall also have authority
and power and here by tlOriZeQ and
ered at any time to enter upon, take possess occu
Ply and Use any other lands beyond the limits of one
hundred feet which shall be necessary Tor the use
OF said company, for the purpose OF erecting depot
buildings, stopping stages station houses freight
houses, ware houses, engine houses, machine
shops, or Tor buildings or fixtures OF any kind,
grounds about any buildings, houses fixtures,
for the convenient operation of the business of the
road, or Tor the purpose of removing such substan-
ces aid things as may endangeT, obstruct or in
teriere with the free use OF said road, for the
purpose of making deep cuts or excavations, or
for the purpose of depositing earth, gravel or
stone, or for the purpose o. obtaining
earth, gravel stone, or other
materials for embellishments, struct-
ures, supcrstructures, necessary to, or for the
construction, completion, alteration, maintenance.
preservation, and complete operation of
said railroad; and copy OF said resolution, duly
certified by the secretary of said company, snail be
recorded in the Office OF the register of deeds OF
the county in which the lands described In the
resolution shallie, and al private property which
the said company is by this act authorized to take
is hereby declared to be taken for public use.
And the said company shall, at such time and in
snch manner as is prescribed BY this act, pay The
full value of all lands taken, possessed, occu-
pied or used, and ali damages to the owner n
ers by reason OF such taking, which value and
damages shall be ascertained in the manner here
matter provided, and whenever the same shall
have been paid, rendered or deposited provided
in this act, the title in and to and all such lands
shall become vested IN said company for the pur-
poses of said railroad.
Sec. 6. Whenever the line of any sach railroad
shall be located, and lis route determined the said
company mSy apply by attorney to the circuit court
for the county through which 1t passes, or to the
Judge thereof in vacation, for the appointment of
three commissioners to make appraisal and
award OF the value OF any and all lands which arc
private property OF any person the line of sale
railroad, and which the said company shall have
entered upon, taken, possessed, occupied or used,
or which it may thereafter enter upon, take, pos
sess, occupy or use for any of the purposes for
which, by this act, the said company is authorized
to enter upon, take, possess, occupy use said
lands, The said commissioners to be paid by the
railway company. The said company shall give
notice of its intention to apply for the appoint
ment OF snch commissioners by publishing the
same at least ten days before the time of hearing
such application, in at least one newspaper pub
lished III the county In which such lands shall be;
and upon an affidavit of the publication of the
same, the court or judge to whom the application
shall be made, shall appoint three commissioners,
who shall have cOgnzanCe of all cases arising on
the line OF the route OF said railroad; and they
shall proceed 10 examine the premises Ill each
case separately, having first given such notice as
they may deem reasonable, 10 the owner, and at
least five days personal notice to such owner
If resident in tho county; and whenever Ii
shall appear to said company its officers that
the title OF such land is In dispute, that seve
raj parties claim interest therein by tax sales, tax
titles, membranes; liens equitable claims
| the said commissioners SHALL upon request OF said
company or its officers give notice 10 all persons
claiming any interest In such lands, whether as
owners, lncum brancers or otherwise; and when
the person to be notified has no known residence
| IN this state, within the knowledge of such com
mlssoners, the notice may be by publication in a
| newspaper, for such length OF time as the com
mlsstoners shall deem reasonable, nOt less kow
| ever than three weeks; and after making such ex
/ ami nation, the sald commissioners or a majOry
OF them, shall in each case separately, make an
apprslsement and award o. the value of the land
| so entered upon, taken, possessed, occupied oI
| used by sad company Tor any of the purposes
| aforesaid, at the time when the same was en-
| tered upon and taken, and shall deliver one copy
oil their award, IN each case TO sad company, and
shall file another in thu Office Of the clerk of the
| circuit court Of the county in which said land:
i shall be, with the costs of the award taxed upon
each OF said copies; aid # neither party shall ap
peal from said award in the manner hereinafter
provided the said circuit court, on motion OF the
party in whose favor any award shall be lde for
+! such value as aforesaid, unless such award shall
| have previously been paid, shall enter up judg-
| lnt Mt in conformity with such award And III
case either OF said commissioners shall die, resign
or decline 10 act, the said court Judge shall ap
| point another commissioner IN his stead. The
said company, or any party receiving notice from
/ said commissioners as aforesaid may, within thIr
| ty days after such award shah have been ii lee
with the clerk as aforesaid, appeal from the same
| W SHCuil Couit IOI inc county III WHICH SuCI
award shall be filed, by filing with the clerk o
said court, a written notice of such appeal Upor
receiving such notice, the said clerk shall en.e
of the court, setting down the own
| er or owners, and the person or persons
| claiming any interest in said land, embracing al
| persons so having received such notice from sale
| commissioners, rs plaintiffs, and the said COMPANY
| as defendant; and the said court shall proceed L
hear and determine such case in the same name
that other cases are heard and determined In suct
court and al issues OF fact arising therein shall
| be tried by jury, unless jury be expressi,
| waived by both parties. 1'ne appellant shall 10
| be entitled to have the case tried at aLy term O