The Superior times. [volume] (Superior, Wis.) 1870-1912, 1873-04-26

Sec. 3. Another mode OF arriving at such mutual
amendatory, shall be as follows:
ist Within three months after the filing of any
such PROPOSE ion is specified in the fourth section
of the act of which this act IS ameudatoTy with any
@ the may be- the ad raroaS Ss 1r
% to oo 9e roe as pass 6s
election precinct in the district in which aid is de-
which shall Be at least five DAYS after its date petit
ton to the proper authorities Of such county town
payers of such county. town. eli or village for their
proposition; ard such petition shall be appended
sqbstantai copy of said proposition. 49,
proposition with any such county clerk, town clerk
Or M said al spof c sa dsei sne
clerk substantial copy copies OF such PROPOSE
thorities of such county town. CITY village, asking
sueu authorities to agree to such proposition append
the persons residing in such county, town, city vii
age mh were assessed for taes apoa real or person
as the case may be as shown by the last assess
signatures sha be verified by the affidavit of some
person witnessing such slSpatnTes then such mutual
ity and OF stock by such railroad COMPANY as proyid
deemed and considered TO have been arrived and
perfected, and thereupon such lands and stock shall
tent and meaning Of such proposition and with the
PROVISIONS Of the act of which ths is amendatoEy
act is amendatory so far as the same are pertinent
ee Sc % to the
of this act aud TO all stock to which any municipal
y be entitled by virtue OF the provisions of this
Sec 5 This act shall take effect and be in force
Approved March 10, 1872.
Published March 81, 1871
CHAPTER 29l.
an ACT to amend cnapter enc hundred and nine
teen of the general laws of 1872, entitled act
relation TO railroads and the organization of
| railroad companies"
The pc ople of tho state OF Wisconsin, represented
in senate aud assembly, do enact as follows
Sectioni /. The third sabdisisi of section elev-
an OF chapter &c hundred and nineteen OF the gen
era laws OF 1872 entitled an act in relation rail
IS betey S nae ~ as read e. as oo%
acquire under the provisions OF this act or by pur-
may be necessary for the construction. main aiming
and operating IT'S said railroad, and the stations,
) depot grounds and other accommodations for &C
comprising the objects Of us Incorporation; to hold
pose thereof; OF any par and parcel thereof when
the same snail be no more necessary for its use"
bred and nineteen is hereby amended SO as to read
ing such title, the SAID company may Tile petltionr
Z praying Tor the appointment of commissioners of
u The county IN Which the real estate described
, in the petition is situated which petition must
some other, authorized officer Of the COMPANY.
SgGn real ro9ns or rs sT sad or
; ny, and not part OF 81 main track such peteti
II de cripion o. the real estate sought be &C,
that required the purpose OF
p operating such road, and that is the intention OF
u the company good fsith, to use therefor and
e ested therein and such other touching the
ass uch company shall see fit to make Il such real
estate is desired the main line of the road of
said company, or in part for the main line and in
purposes said petition shall state that sue compa
ny is duly f. corporated that it Is the Intention OF
/ authorized by its charter, that said company has
qured for its main line and has actually staked out
the center bne of its proposed road over the
tam eserpi6n o. the lands across which said line
sh Il have been staked out by the subdivisons of
4 falen ross arv shall specjfy he width de-
sired said tract, and shall cont ain descrp
. ton of the land sought TO be acquired for depot sta
n ton or building grounds and the other purposes OF
20 boon located by board of directo the line
so stalk ed out and th&' the real estate so described
required for the purpose of constructing and eper
who and occupy said real estats as near as NAV
be- and If any OF such persons are infants 1hel N
" unsound mind unknown, these facts shall be sta
ted, with such other facts the company shall see
fl TO state; said company shall such 2et
- ton map showing the route OF ITS said road, and
the lands desired 10 be taken lor right OF way ana
for depots sta IONS building grounds yards and 9th
" ground, ard shall file the same in the office of
~ the clerk OF the circuit court OF th5 county IN when
of uch real estate Is situated. The fling OF such pe
N court Upon the fling OF such petition the said
% court the judge thereof shall make an order pre-
y crhins the notice to be given of the time and place
hearing said petition which notice shalt state the
refer by general description TO the lands described
d in the petition shall be addressed TO the parties
Re named in the said petition and 70 all persons inter
" ested in said lands aud may be served peronsay
~ at the last and usual abode of such owners and par
ties Interested not less than i've DIS before such
hearing; or by publication N some newspaper- to be
days bslo ore the date liked Tor the nearing oil sucn
sec, 3 Section eighteen of such chapter one hun
aTed ard ,net9fn Is anenaed to s1d as fo1Ss
10y the clerk OF the court in whose Office the same is
: at any time after the making of sucn award, the
u railroad company may pay to the owner or owners
OF the lands 50 taken or to the cAer6 OF SAID court
Of for the of such owEer or owners the amounts
n awarded BY the commissioners, and thereupon, may
10 enter upon take and the land for the purposes
"a 05 Tt ma, mon hours rSetice that
IN writ OF assistance may be issued to put the railroad
company into possession OF the same and said court
~ in such additional amount as the court or Judge shall
i require 10 pa any ludgeTa' n hcn slal be recoy
y cred against It, appeal award such writ 1t such
L. railroad company be in possession put in posses
parties e6ted therei ha b. emitted to receive
the money paid into court On cunt of the award
appealed from. without prejudice TO the appeal ia
n I'd cb n9neV sbai nny be SO withdrawn UPON Al
Ia Ing bond in such sum and with such surety shall
d be approved OF by the court Judge to repay the
h AMOUNT by WHICH such 4w2rd snail De S5@ted on
N awarded into court, TO pay into court the full
n amount of any final judgement which shall be rem
b dered upon appeal from such award, the party
d Interested in such award judgement may have
" execution uponsaid judgement; for the amount OF
h encumbrance parcel OF the premises SHALL
be suggested IN saId peti9n or II any pay TO saln
Inc said court setting u a adverse the
said petition to said promises, and to the
money part OF it to he paid ,compen alton
for the property taken, the court shall rear and
determine the rights of the parties to said money.
and for that purpose may order reference or an 1s
to he tried by Either party except to
decisions of the court and appeal to the supreme
court, in like manner as in actions. Either court
award costs to the prevailing party, and under
render judgement therefor against the other party
sec Section twenty-five of said chapter one
s hundred and nineteen is hereby amended 50 as to
"a read follows: In any case wien. railroad or a
% railway shall uGt have acqulr ed title TO tho
d lands upon which they shall constructed their
@ road bed track part thereof, IL at any
Is time after attempt to acquire title by purchase,
II appra otherwise, it snail be found hat the II
tie thereby acquired is detective, the company may
proceed 10 acquire perfect such ii lie, in the man
e ner provided in this act, and at stage OF such
proceedings the court i'll which the shall be
penGiog, Z the judge thereof may authorize such
II company IN possession to continue IN possession,
and If take POSSESSION ana use
such lands during the tendency of such proceedings
and may stay all actions and proceedings against
# such company account thereof, on such company
n paying into court sufficient giving such Sc
Il curty such court judge direct, to tn
compensation therefor when finally ascertalned and
such the parties interested in such lands
may insitu and condo ct the proceedings to con
clUson, ii the company delays omits to prosecute
the ut The cost and expense of the company
Il out injunction 20 restrsin the completion OPP
Grafton OF the road shall be granted nth such
pensatiou has been f-scd and determined, and In
case such company the person or the corporation
through under which they claim title. shall nave
paid TO he OF such lands, or 30 any former
owner tn ereof any other person persons hav
ing mortgage other lien thereon, any sum or
Z of ey account OF such lands; suon sum
sums with interest thereon from the date OF such
payment, at tho rate of seven per cont per annum
shah be deducted from the award made by such com
J o enCh O her persons.