Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1873-04-16

sh'll have been staked out by the subdivisions
the goverament survey, and in greater width
taken across any tract shall specify the width de-
sired across said tract, and shall contain descrip
on OF the land sought TO be acquired for depot sta
ton or building grounds and the other purposes OF
saId company and that the route OF said road has
so st kcd out and that the real estate described
aing the proposed railroad the names OF The parties
who own and occupy said real estat as near as may
ages, nearly may be, and if any are persons of
unsound mind unknown, these facts shall be sta
ted with such ether taets as the company shall see
III to state said company shall to such petit
ton map showing the route of its said road aud
for depots, IONS building grounds yards and 9TH
inc clerk OF the circuit court OF the county in which
such real estate is situated. The fling of such petit
court Upon The ding Of such petition the m said said
court or the Judge thereof shall make order, pre-
Of hearing said petition which notice shall state the
filing of such petition the object thereof, and shall
in the petition shall be addressed the parties
named in the said petition and to all persons inter
at the last and usual abode of such owners and par
nearing or by publication IN some newspaper to be
desic mated by said court judge not less than ten
days before the date fixed for the hearing OF such
sec. 8. Section eighteen of such chapter one hun
dTd dTed and nineteen is amended to read as follows;
The report Of the commissioners shall be recorded
at any time after the making of suc1 award, the
of the lands so taken, or the Clerk of said court
for the use CT such owner or owners the amounts
enter upon, take and the land for the purposes
for which It was and r may moye a sad
writ of assistance may be issued to put the railroad
judge shall, upon the compapys giving security
in such additional amount the court Judge shall
cred against it. on appeal award s;o5 writ if such
railroad company be in possession or t1t in posses
parties entitled thereto shall be entitled to receive
the money paid into court OF cunt of the award
ken, but if such railroad company shall Eaye appeal
ed, such money shall only be so Withdrawn upon fill
ing bond in such sum and with spch surety as snail
be approved of by the court judge, to repay the
such appeal with costs. If the said company shall
omit for the space of sixty days to pay the amount
amount of any final judgement which shall be rem
dercd upon ans appear from such award, the party
execution upons dJ udgement or Tor the amount CT
such award upon motion. If defect of title to
be suggested in said petition, if any party to said
proceedings or any person not party shall petition
out in said petition to said premises, and to the
money or any part OF it to he paid compensation
determine the rights of the parties to said money
and for that purpose may order reference an is
to be tried by jury. Either party may except to
cnt1rt in like manner as in actions Either court
may award costs to the prevailing party and under
renderl judgement therefor against the other party
hundred and nineteen Is hereby amended s. as to
read as follows: In any case when a railroad a
railway company shall not have acquired title to the
lands upon which they Shaf have constructed their
road bed track, or part thereof, or If at any
time after attempt to acquire title by purchase,
appraisal otheruise, it shall be found that the ii
tie thereby acquired is defective, the company may
proceed to acquire perfect such ii le in the
ner provided in this act, and at stage of such
proceedings, the court in which the same shall be
pending, the Judge thereof, may authorize such
company, If in possession, to continue possession,
and If in possession, to take possession and
such lands during the tendency of such proceedings,
and may say all actions and proceedings against
such company account thereof, on such company 1
paying into court sufficient giving suchse-
curity such court judge may Direct to pay th9
compensation therefor when finally ascertained and
in every such case the parties int crested such lands
may institu and cOndr ct the proceedings to d
cueio If the company delays oIuits to prosecute
the same at the cost and expense of the company,
but no in junction to restrain the completion
Grafton of the road shall be granted until such COM
pensatiou has been fixed and determined, and in 4
case such company the person the corporation
through under which they claim title. shall have
paid the OF suCh lands, any former
owner thereof or to any other person persons hav
ing any mortgage OF other lien thereon, any sum or
sums of mou ey account of such lands: such sum
sums with interest thereon from the date such
ayr1ert, AZ the rate of cent anDum
shall be deducted from the award made by such com
1niSsonerS to such other person persons
In ca there shall be disagreement between such
co1npanv and the of such land, in relation to
the payment of any sum or sums as aforesaid the
amount or date Of any payment that have been I
court Judge thereof shah, at the request
her party award issue which shall be tried in
same manner as issues of fact in said court, and
rpneals from the decision of judgement may
be taken to the supreme court IN the same manner
7s uuon the trial OF issues of fact.
sec D. This act shall take effect from and after its
passage and publication. r.
Approved March l9, 1873.