The Superior times. [volume] (Superior, Wis.) 1870-1912, 1876-04-28

pether with said precept and all the papers re-
istino to such proceedings to the village clerk
80 the same shall be laid by the clerk before
The hoard of trustees ut their Lext meeting
In case said jury shal fail to agree, thoy shall
40 report to the judge or commissioner by
whom they were appointed, who shall there
mon appoint another jury. and such second
inry shall be selected, summoned and sworn to
proceed in the same manner above prescribed
by the first Jury. The county Judge or COM
missioner snail be entitled to one dollar the
marshal or constable to two dollars for each
case, and each juror one dollar per day for all
services rendered by them respectfully in each
of such proceedings under this act.
Section 5. If the verdict of The fury shall
be that it Is necessary to take the said lands
or any part thereof for the purposes srecitied
in such petition, the eaid board of trustees
snail proceed to lay out, open, change, ex-
tend or widen such public square, grounds
highways streets or alleys and cause the
damages and beHehts resulting from the same
to be assessed, collected and paid. and said
public squares, grouods, highways, streets or
alleys, to be widened, opened, laid
out or extended In the manner prescribed by
this act, they shall cause an accurate survey
thereof to be made, when necessary, and shall
cause an order cor tanning their decision upon
the petition and survey, to be entered IN their
Journal and shall cause copy or sucn order,
aud plat of tue street or alley, TO be filed III
Section 6. The asses vment or all Dement'S and
damages which may arise or accrue from lay
ing out, opening, changing, extending or
widening any public squares. grounds, high
WAYS streets or ALLEYS under the PROVISIONS or
this act shall be made by the board of trustees
or such village. It shall be their duty the same
ils follows: To each lot tract In ured there
by, or Of which the whole or any part thereof
must be taken therefor, the board shall assess
30 much of the damages as they shall deem
in At each lot tract e hIcl wal ia heDafta6
thereby; they shall as. ess tho amount of such
benefit, and shall determine what portion OF
such damages shall b. paid by the village at
large, from the general fund Of the corpora
tIon Their aesessmrnt and determination
shall be in writing, signed by them or M ior-
ity of them, and FLED wlLh the village clerk
The assessment OF benefits as made by the
trustees, or III case OF appeals as hereinafter
provided by the verdict of jury, shall be q
lien upon the several lots or tracts upon which
they may be assessed, from the time Of the
filing thereof, aud the collection thereof sh all
be enforced In the same manner as other taxes
assessed against such lands.
Section Z. Any person whose property is
taken, against whose property an assess
ment of benefits made as hereinbefore pro-
vided, may within ten Gays, and not after
wards, appeal from such assessment OF damages
or benefits to the circuit court of the county,
by filing notice OF such appeal with his rea-
Sons therefor with the village clerk. Such
appeal eIldl Oe llou by Ln6 court ana Jury as
In ordinary cases. Upon receiving notice Of
such appeal, the village clerk shall transmit to
the clerk Of the circuit court certified copy of
all the proceedings relating to the matter in
controversy. The verdict Of the jury, when
rendered, shall be certified by the clerk Of the
circuit court, to the village clerk, together
with statement of the costs on appeal IN the
appellate court; if the appellate gain nothing
in increase of damages or reduction of benefits
by the verdict of the jury on appeal, he shall
pay the costs Of appeal, and judgment shall
be entered against him for such COSTS other
wise the costs shall be paid by the village, and
judgment shall be entered against the village
therefor.
Section g. No public grounds, squares, high
ways, streets or alleys laid out, wldened or ex-
tended under the provisions of this act, shall
be opened, widened or extended until the
damages for taking the lands therefor as
sessed by the trustees, or III case of appeal by
the verdict OF the jury shall have been paid
or rendered to the owner or owners, or his or
their agent, or i'll case the owner or agent can
not be found or is unknown, deposited to his
credit IN some safe and convenient place of
deposit. After such payment, tender or
deposit, such grounds. square, highway, street
or alley, shall be subject to all laws and ordi-
nances of the village in like manner as public
grounds, squares, highways, streets and ALLEYS
heretofore laid out and opened. II such
payment tender or deposit shall not be made
as AZORES id to all the owners whose lands are
required to be taken in the laying out, widen
ing or extending OF any public grounds
square, highway street or alley, within one
year after the assessment of damages as
h9reinbefOre provided the proceedings in
laying out. widening or extending such public
grounds, square, highway. street or alley, and
all assessments thereon shall be void, aud all
moneys paid into the treasury on account of
benefits TO any lot or tract OF land assessed in
such proceedings, shall be refunded to the
persons entitled thereto.
Section g. Chapter two hundred and seventy
eight, of the general laws Of 1878, audall acts
and parts OF acts IN conf ct with the proyia-
ions of this act, are hereby repealed.
Section TO- This act shall take effect and
be in force from and after it's passage and
publication.
Approved March 10, 1876.
Published April II, 1851
CHAPTER 337.
AN Act to amend section seventy-six, of chapter
one hundred and forty-two of the revised stat
utes OF the state of Wisconsin, entitled ''Of the
partition of land owned by several persons
The people of the state Wisconsin represented In
senate and assembly do enact follows:
Section l. Section seventy-six, of chapter one
hundred aud forty-two, Of the revised statutes of
the state OF Wisconsin, entitled 'Of the partition
OF lands owned by several PERSONS is hereby
amended to read a follows: Whenever il
shaA appear to the court, on the application of the
guardian of any idiot lunatic, spendthrift or per-
son mentally incapable of managing his aft airs
Cor upon the application of the nonresident or
foreign GUARDIAN OF any such person not living
III TINS state and having guardian within this
stats1 holding any estate in joint tenancy or in
common, or IN any other manner to authorize his
being made party to action in PARTITION that the
interest Of such idiot, Iunatic or other person
aforesaid or of any of the parties Interested in
such estate, requires PARTITION thereof 1t shall be
referred to somen proper pei so to inquire into and
report upon the circumstances; prOGided, that such
non resident or foreign guardian shall be required
IN all cases to file with such application duly
authenticated copy of his appointment and bond
such guardian
Section ? This act shall take effect and be in
force from and after its passage and publication
Approved March h. 1876.
Published April 4, 1876
CHAPTER 1876.
AN ACr relating to hawkers and peddlers. and
amendatory OF chapter seyenty-two, of the laws
of 1870.