River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1873-04-18

~ IN set on fire, any woods, or prairie or meadow
Selhe not beoneing to himself during th mobs o
august, september, October, and November, In any
@ every person so offending shall on conyictio9
tbrrcof for every such oense, be fined in sum not
eveeeding Ave hundred dollars nor less than twenty
dItars or be Imprisoned in the county NH NOT ey.
adug ninety days nor less than thirty days or both
fine and imprisonment, in the discretion OF the court
Aud Il is hereby made the duty OF the county board
If supervisors, when the circumstances may require
h. 10 cause this law to be published in newspaper
published in the county, 50 requiring the same at
least once during the month OF August in each year.
See . This act shall be in force from and after its
massage and publication.
Approved March 49, 1873.
Published March "a. 1871
CHAPTER Dol.
AN ACT to amend cna pter one hundred and nine.
teen OF the general laws Of 1872, entitled an act
in relation 70 RAILROADS. and the organization of
railroad com panios."
The people Of the state Of Wisconsin, represented
in senate and assembly, do enact as follows
Section l. The third subdivision of section elev.
en- OF chapter one hundred and nineteen OF the gen
era laws OF 1872, emitted "an act in ilatio o rail
road and the organization OF railroad companies"
is hereby amended so as 10 cad as follows; I'D.
acquire under the provisions of this act or b. pur
chase. all such real estate and other property as
may be necessary for the construction, maintaining
and operating its sai1 railroad, and the stations,
depot grounds and other accommodations tcr &C.
completing the objects Of its Incorporation: 10 hold
anduse the same, and to SELL lease otherwise dis
pose thereof, or any part and parcel thereof when
Sec Section fourteen OF said chapter one hun
bred and nineteen is hereby amended so as to read
ing such title, the SAID company file petition,
praying 'or the appointment Of commissioners Of
appraisal ny the circuit court or the judge thereof,
OF the county in which the real estate described
in the petition is situated, WHICH petition must
some other authorized officer of the company.
# such real estate is desired Tor station 10
nv and not Tor part Of It's main track such peteti-
ton shall state that the company is duly incorporated
CURED that the same required for the purpose of
operating such road aud tnat i is the intention Of
the company good faith, to use therefor and
therein the names OF the Nners ana parties inter.
ested therein and such other facts touching the
ueh company shall see fit to make. 1t such real
estate is desired for the main line of the road of
said company or in part for the main line and in
purposes said petition shall state that such cOmpa-
ny is duly Incorporated that tt is the intention of
the campany in good faith to construct the road
authorized by ITS charter, that said company has
surveyed its route the lands sought TO be ac
qured for its main line. and has actually staked
grounds desired for such main line. and shall con.
tain description OF the lands which said line
shall have been so saked out by the subdivisions OF
the government survey, and in greater width
than one huadred feet Snali be desired to be
taken across any tract, sha specify the width de-
sired across said tract, and shall contain drscrip
ton of he land sought 10 be acquired for depot sta
ton or building grounds and the otner purposes OF
said company, and that the route or said road has
been located by its board OF drecto upon the line
so ST ~ked out snd that the real estate so described
is required for the purpose Of constructing and oper
atng the proposed railroad the names OF the parties
who own and occupy SAID real estate as near as NAV
be, and if any of such persons are infants, their
ages nearly as may be. and II any are perons of
unsOund mind or unknown these iacts shaIl be sta
ted with such other facts as the company shall
tit to state sad company shall annex to such petit
tion map showing the route OF its said road, and
the lands desired to be taken tor right of way and
for depots stations building grounds, yards and 9th
the er OF the circuit court of the county in which
such real estate is situated. The hng Of such poti
tion snail be TIE commencement OF SUIT in said
court. Upon the filing of such petition the said
court the judge thereof shall make order, pre-
scribng the notice TO be given OF the time and place
OF hearing said petition, which notice shalt state the
filing of such petition. the object thereof and snail
reer by general description 20 the lands described
/ in the petition snail be addressed 10 the parties
named In the said petition and TO all persons inter
ested in said lands, and may be served peronsay
the last and usual abode of such and par
ties interested. not less than five da,s before such
nearing. or by publication IN some newspaper 10 be
des mated by said court judge not less than ten
days before the date fixed for the hearing Of such
sec g. Section eighteen of such chapter one hun
bred and nineteen is amended 10 read follows
The report Of the commissioners shall be recorded
by the clerk OF the court i'm whose office the same is
I hleed in the judgement book OF such court, ana
I at any time after the making of sucn award, the
/ railroad company may pay TO the owner or owners
Of the lands taken, 10 the cerk Of said court
for the use Of such owner or owners the amounts
/ awarded by the commissioners, and thereupon may
enter upOn take and use the land Tor the purposes
for which il was condemned. and may move sad
court or Judge upon twentyiour hours notice. that
writ of assistance may he issued 10 put the railroad
company into possession of the same, and said court
4. or judge shall upon the companys gising security
in such additional amount as the court or Judge shall
require 10 pay any judgement which shall be rec0y.
cred against it, appeal award such writ. II such
railroad company be in possession put in posse
sion OF such land pending an appeal the owners or
parties entitled thereto shall be entitled receive
the money paid into court on account OF the award
ken hut if such railroad company shall Eaye appel.
ed such money shall only be so Withdrawn upon III
ing bond Ia such sum and with such surety shall
be approved of by the court or judge TO repay tho
amount by which such award shall be abatcd on
snch appeal with costs. II the said company shall
omit for the space OF sixty days pay the amount so
/ awarded into court. TO pay into court tho fan
amount Of any final judgement which shall be rem.
. q art q
Z intareste ed in such award judgement may ngvn
execution npans A d judgement; or TOR the aInount 4
such award upon motion. II any defect OF title 10 or
ancumbrauCe upon ans parcel Of tne promises shall
be- suggested In said petition or if any party T. aid
proceedings any person not party. shall petition
81 ont n aid petition 10 said premises and In tc
money any part OF il 70 be paid compens alton
for the property taken, the court shall rear and
and for that purpose may order reference or an Il
.ue 10 bc tried by jury Either party may except 10
tine decisions OF the COURT and appea to the supreme
court In like manner as In actions. iither court
may award costs 70 tne prevailing party, and under
render judgement therefor against the other parity
hun I41d and niug cen is hereby amended rs 10
read az follows; In any case when railroad or a
lands upon which they shall have constructed their
aad bed or traek or any part thereof, % ii az any
appraisal oherU ise. sua he found hat the a
tie thereby acquired IS detective tho company may
proceed 20 acquire perfect such ri e, iu tho man
ncr provided % this act aud ~ any stage ~ sleh
proceedings, the court n when ihe Nane snail be
company II In possession, 70 continue ~ possession,
and n tt m p0ssessiou 20 take possession and use
such lands during he pendency 81 sucn uroco sding,
and may say an actions and proceedings against
such company on account thereof, on such company
paving INFO caurt o sufficient SUN. Swing such
curty court judge fnav direct. 20 pay tho
I compensation therefor when finally ascertained and
IN snct tho parties IN crested IN such lands
may institute and condnct the proceed nps o. cou'
cuson, NJ the company delays or onts 70 prosecute
] the Same AZ the cost and expense Of The company,
but no Injunction 10 rcstrntn the completion or Op-
GRAFTON Of the road shall be granted, until such com.
T pensition has been fixed and determined, and ln
case such company or the person the corporation
through or nudcr which they claim title shall have
paid 20 hn owner of such lands, or 20 any former
oNncr thereof or 90 any other person or persons hav
ing ans mortgage or other item thereon, any sum coz
sums ui NOR ey ON account ~ such lands such sum
sums with interest thereon from the date Of such
Payment, at the rate 1T seven per cent. ger aunum
shall BE deducted from the award made rs such
missiouers such owner other person az persons
In case there shall be disagreement between such
company and the oFuer of such ianl, In relation %
the payment of any sums " aforesaid. or the
amount or date OF any payment that mas have been
made, he court tndge thereof SHALL az the request
Of either party award issue which shall be tried IN
the same manner issues Of fact "a said court and
appeals from the decision Of judgement thereon may
be taken % the supreme court Ia the same manner
as upon the trial oi issues o. fact