The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1876-05-11

sioner as the case may be- shall appoint
twelve reputable and DISTINGUISHED freeholders
of such village, who shall constitute a Jury to
ascertain and establish the necessity for taking
such lands for the purposes specified in such
petition. The said judge or commissioner
| shall thereupon issue his precept, directed to
| the marshal of such village or to some con-
stable, requiring him to summon said jurors
to meet at time and place to be specified in
such precept, to be not more than five DAYS
from the date thereof to view the lands pro-
posed to be taken and to decide upon the ne
cessity for taking them for such purposes and
to make due return of their verdict to the said
board Of trustees within three days from the
time appointed for such meeting. Such pre-
| oept shall be served by such marshal or con-
stable on each Of said jurors by re cing the
same to him at least two days before the time
appointed for such meeting.
Section 8. in case any OF the Jurors shall
fail to attend at the time and place appointed
IN the precept, the said judge or commissioner
shall appoint other Jurors, who are duly quail
fed as hereinbefore specified, in the place of
those so failing to attend which appointment
shall be annexed to or indorsed upon such
precept. When such jurors are all present
they shall be sworn or affirmed by said judge
or commissioner. or some other person author
/ lied to administer oaths faithfully and hon
estiy to discharge the duties required of them
by such precept, and the officer administering
the oath shall certify the act which certifi-
GATE shall be Endorsed upon or annexed to such
! precept.
Section H. After the jury are sworn. they
! shall proceed to examine the lands proposed to
be taken, and to inquire into the necessity for
taking the same for the purposes specified in
| the petition and shall return their verdict in
writing, signed by each juror, to the marshal
or constable by whom they were summoned,
who shall Immediately deliver the same to-
gether with said precept and all the papers
Ia Tn the
and the same shall be laid by the clerk before
the board of trustees at their next meeting.
In case said jury shall fail to agree, they shall
SO report to the judge or commissioner by
whom they were appointed, who shall there.
upon appoint another jury, and such second
ury shall be selected, summoned and sworn to
proceed in the same manner above prescribed
by the first jury. The county judge or COM
missioner shall 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 jury shall
be that it is necessary to take the said lands,
or any part thereof, for the purposes specified
in such petition, the said board of trustees
shall proceed to lay out, open, change, ex-
tend or widen such public square, grounds,
highways, streets or alleys, and cause the
damages and benefits resulting from the same
to be assessed collected and paid, and said
public squares, grounds, 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 containing their decision upon
the petition and survey, to be entered IN their
journal, and shall cause copy of such order,
and a plat of the street or alley, TO be filed IN
the Office OF the register of deeds Of the county
Section 6. The assessment of all benefits and
SHxyt1i0
ing out, opening, changing, extending or
widening any public squares. grounds high
ways streets or alleys, under the provisions of
this act, shall be made by the board of trustees
of such village. It shall be their duty the sam
as follows: 10 each lot or tract injured there
by or of which the whole or any part thereof
must be taken therefor, the board shall assess
go much of the damages as they shall deem
just to each lot or tract which will be benefited
thereby; they shall assess the amount of such
benefit, and shall determine what portion OF
such damages shall be paid by the village at
large, from the general fund Of the corpora.
tion Their assessment and determination
shall be in writing, signed by them or ma jOr-
ity of them, and filed with the village clerk
The assessment of benefits as made by the
trustees, or IN case of appeals as hereinafter
provided by the verdict of jury, shall be
lien upon the several lots or tracts upon which
they may be assessed, from the time of the
filing thereof and the collection thereof shall
be enforced in the same manner as other taxes
assessed against such lands.
Section q. Any person whose property is
taken. or against whose property an assess
ment Of benefits ID made as hereinbefore pro-
vided, may within ten days, and not after
wards appeal from such assessment of damages
or benefits to the circuit court of the county,
by fling notice OF such appeal with his rea-
sons therefor with the village clerk. Such
appeal shall be tried by the court and jury az
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 8. 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 as
sessed by the trustees, or in 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 in 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. If such
payment, tender or deposit shall not be made
as aforesaid 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
hereinbefore provided, the proceedings in
laying out. widening or extending such public
grounds, square, highway. street or alley, and
all assessments thereon shall be void and all
moneys paid into the treasury on account Of
benefits to any lot or tract of land assessed in