River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1876-05-18
proved March Ii, 1876.
Published April s. 1876 ]
CHAPTER Q4O

CHAPTER 240
AN ACT to authorize incorporated villages to
lay out, Opeo, change, extend and widen
public squares, grounds. highways, streets
and alleys.
The people OF the State of Wisconsin, repre-
sented IN Senate and Assembly, do enact AZ
follows:
Section l. The president and trustees Of
any incorporated village shall have power 20
lay out, open, change, extend and widen pub.
llo squares, grounds, highways, streets aud
alleys, As follows: Whenever six or more
treeholders residing in said village shall by
petition represent TO the board of trustees OF
said village thatlt is necessary 20 take certain
lends within said village for the public use.
Tor the purpose OF laying out, opening, chang
ing, extending or widening public squares,
grounds, highways, streets or alleys, aud shall
IN such petition specify with reasonable ceI
tainty the lots, tracts or parcels of land neces
salY To be taken for the purposes mentioned
in such petition, snd the names and resi-
dences OF the owners thereof so far as the
same can be ascertained, the board OF trustees
may, II i shall appear TO them that the public
good will he promoted by granting such petit
ticn, and il they shall he enable TO make any
satisfactory arrangements with the owner or
owners thereof for the taking OF the same for
public use, by resolution to be entered upon
their journal, directing such persons rs may
be designated by such resolution TO apply TO
the county Judge, or CUGrt co missioner of
the county, Tor the appointment Of jury to
ascertain and establish by their verdict the
necessity for taking such lands for the pur-
poses specified in such petition. Suoa rceulu.
lion shall also designate the time when and
place where such application will be maze,
and II the owner or owners of the whole OF
any portion Of such lands are known aud re-
side IN such village or county, a COPY OF snch
resolution shall be served upon such owner OF
owners personally or by leaving a copyaat the
usual place OF residence OF such owner OF own
ers with some person of suitable age aud DIS
cretion, 10 whom the nature and contents Of
such resolution shall I've explained at least six
days before the time Of making such applica-
ton. II such owner or owners are not known,
or, being known, do not reside in such village
or county, and their postofhce address can
with reasonable diligence be asceft tined,
copy of such resolution shall he deposited in
the postothce. postage prepaid. and directed 10
such owner or owners, and published in some
newspaper published in such village once in
each week Tor three successive weeks before
such application shall be made
Section 2. Upon presentation OF such APP
plcation and proof Of the due service OF such
resolution as prescribed in the first section OF
this act, at the time and place appointed
therein for that purpose, the said Judge or
commissioner, as the case may be, shall APP
point twelve reputable and di.interested free
holders of such village, who shall constitute a
Jury TO ascertain and establish the necessity
for king such lands tor the purposes speci
fed in such petition. The said judse OF COM
missioner shall thereupOn issue his precept,
directed 10 the marshal Of such village or 10
some constable, requiring him 10 summon
said jurors ~ meet at q time and place 10 be
specified in such precept, 10 be not more than
five days from the date thereof 30 view the
lands proposed 70 he taken, aud 20 decide
upon the necessity for taking them Tor such
purposes, and TO make due return Of their yes-
dict 20 the said boar OF trustees within three
days from the time appointed for such meet
ing. Such precept shall be served by such
marshal or constable on each Of said Jurors by
reading the same to him at least two days be
fore the time appointed for such meeting
Section 3. In case any Of the Jurors shall
iail 10 attend at the time and place appointed
in the precept, the said Judge or commissioner
shall appoint other jurors, who are duly a. al
fled rs hereinbelore specified, in the place of
those so failing 70 attend, which appointment
shall I've annexed % or Endorsed upon such
precept When such jurors are an present
they shall he sworn or affirmed by said Judge
or commissioner, OF some other person au
thOrized o. administer Oaths, faithfully and hon
estly 30 discharge the duties required OF them
by such preoept, aud the Officer administering
the oath shall certify the fact, which certih-
cate shall he lndorsed upon OF annexed 10
such precept.
Section l. After the jury are sworn, they
shall proceed 10 examine the lands proposed
to he taken, and 10 inquire into the necessity
tor taken the same for the purposes specified
in the petition and shall return their verdict
IN writing, sgned by each Juror, 10 the mar
shall or constable 10y whom they were sum
moned who shall Immediately deliver the
same, together with said precept and all the
-. A
village clerk, aud the same shall ~ laid by
the clerk ielore the board Of trustees AZ their
next meeting Ia case such Jury shall fail Ia
agree, they shall 50 report 10 the iudge or
commissioner by whom they were appointed,
who shall therrup0n appoint another Jury,
and such second Jury shall be- selected, SUN
moned aud sworn and proceed In the same
manner above prescribed Tor the first Jury
The county ludge or commissioner shall H.
entitled a. one dollar, the marshal or oonsta.
bic 10 two dollars for each case, and each Juror
one dollar per day for all servioeg rendeled by
them respectively In each Of such proceedings
under this ad
section o II the verdict VI The jury shall
b. that il Is necessary ~ take the said lands,
or any part thereof, Tor the purposes specified
IN such petition, the said hoard OF trustees
shall proceed 10 lay out, open, change, extend
0r widen such public squares, ground, high-
WAYS, streets or alleys, and cause the damages
aud ieueiits resulting from the same a. be-
ASSESSED, collected and paid, and said public
squares, grounds, highways, streets OF alleys,
o. NJ widcucd, opened, laid out 0r extended IN
the manner prescribed hy this act, they shall
cause an accurate survey thereof ~ " made,
when ueorssary, and thall cause an order con
tanning their decision upon the petition md
survey, 10 h. entered w their luurual, and
hall cause a copy oi such order. ,n q plat oi
ne street ~ alley, o. le fled IN the Office o the
REX tef 81 deed ui the county
Section . Tlp assessment ~ All leu"ht
aud damsgss which may arise 0r accrue from |
laying ont, opening. changing, extending ~ |
widening auy public sguar'E, grounds, hlgh. |
Ways. siceets 0r alleys, under the provisions Of
this act. shall h. ma1e by The board ~ TRUSTEES /
uf such village Il shall H. their duty the
same M iolings. To each lot Or tract Injured l
thereby, or Of which The whole or any part /
thereof mus, ~ taken thereof, the h0asd shall
asses- ~ muth ui the damages a. they shall
deem inst. 3 eaoh lnt uf tract which will H.
benefited thfrcly, they shall assess the a. ouut
~ su,h ienrfi, and shall determine Wllat ppr-
ton at such damages shall W. pad liy The yil.
lnge NJ large, from the general fund NJ the cor
p6ral ion Their assessment aud determine.