River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1882-04-13
Published March 3. 1871
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Published March IS. 1881
CHAPTER i6s
AN ACT to suitable highways AMI streets fan
grounds al cemetery associations
The people of the state OF Wisconsin, represented On
senate and assembly, do enact as follows:
Section /. Whenever any cemetery association, or
any city, village or town In this state shall die petit
ton with the clerk OF such city village tcwn, setting
lage town. describing it, and used intended TO be
used by such cemetery association for the burial Of the
deaf used intended TO be by industrial
or agricultural association for fair grounds, and
Will there laid out highway street. and pray
Or Highway from the nearest street o. highway to such
land tile common council OF such city, trustees Of such
make out ap notice, which 1 sha he served aV
Witch me q o. h dad hFq aa
which notice shall contain copy of the petition filed
ell Of such city trustees village supervisors OF
such to#n shall meet TO take action upon said petition
such notice. IL the common council such city, the
trustees Of such village the board of supervisors
land in such city, town village which is used or
which may hereafter be used TOR the purposes men
,sreet in said city, village or highway IN
said town leading to the same, they shall
they have met to take action on said petition for
he purpose of establishing by the verdict of jury
the owners or occupants OF the land through which the
proposed highway street is to he laid.
SECTION such order shall require such petitioners
deposit with the treasurer Of such city, Village or
ow such sum may be deemed necessary TO pay the
costs and expenses of such proceedings, aud all action
in regard To said petition shall be suspended until such
order L complied with Whenever such deposit shall
be made. further order shall be made fixing time
and place not less than ten days when and where N
iry VIII be empanelled for the purpose OF establishing
the necessity OF taking such property Notice of such
lime and place shall be served upon The person per-
SOS such land any there be, not less tnan
SIX days before the time fixed, If any portion OF
said land shall not he In actual occupancy of any
person. then such notice, which shall contain ade-
serption as near as may be- OF the premises TO be TAX
IN shall be published in some newspaper OF general
circulation to be designated in such order, Tor three
weeks, siyely, least in each week. such
named jury VIII be empanelled in the manner pro-
yded ~ this act for the purpose of establishing the
necessity q taking for public use the property de-
stribed in the petition.
Section g. Al the time and place specified in such
notice. the county Judge of the county, the municipal
ind-e Of such city The president of such ynge the
chairan OF supervisors OF sucn town shall issue his
OF his deputies. naming such deputy, or TO any consa
e o. sue si'y raass or tSM, naming MN, when ~,
names of thirysix freehoders of said county who
qualified by law 10 jurors in the circuit
Of the state aud return the same to him. such ON
GER shall first be sworn 70 perform the duties required
Of him, according to the best of his abilities, without
Section a. Such officer shall Immediately write down
such names and deliver the list them to the officer
who issued such precept. And from such list OF
names each party, personally or by attorney COM
nencing with the petitioner shall strike out alternate
~ twelve names, and in of the absence either
party, his refusal TO strike out the officer who Is
sued such preeept shall appoint some other person to
strike out twelve Names
section o. The Oicer who issued such precept shall
then issue yenire requiring the officers to summon
the twelve persons whose names remain upon the said
TONED therein, to make jury Tor the purpose Of es
ablisng the necessity of taking for public the
in hs eoq % f
sons may be drawn in the same mode 70 ill the va
time 70 time for that purpose.
Section 6. When such jury shall appear they shall |
tel,., that they will faithfully and impartiay dis
charge the duties and trusts imposed upon them
Ghat mo nft glI-
Section I. Whenever said jury shall be enpanelled
md sworn the said municipal Judge, president viii
lage or chairman of town board, shall issue his pre-
requiring them within days view the premises
be specified in said precept and To make return TO him
necessary take the premises for public use
specified in said petition. Said jurors shall proceed
10 view said premises, at some time to be fixed by
'hrni orauhtiey sian give dne notice 10 Ioih pnt
rs aid shn nea, oil. t.stHuny as NAV IL nitttj
my rhriy Interested Aiei viewing the IItni>r' |
iGiy shall upon their vetditt which shall state
nheheI ~ ,e,T judgement y - essay TO ,ake IT,;
sinlI turn lie veIdi TO tie officer VINO ISSUED sur
Sections When such verdict Is returned the OH
Ger who issued such pIecei he shall as soon as mac
trustees OF the village supervisors OF the n
The case may be 10 whom lie shall deliver such
visors rs the case may be, shall Immediately nnSe
order If in their judgment the public good requires il
laying out street on highway from the nearest street
highway to such cemetery or fair ground not less |
THAI three nor more thin four rods in width and In
said rider laying said hi hway aforesaid they
shall appoint TIA &c distrresiei lreehoder9 of the
nuny Who shall ssess adequate DAMAGES tn the own
aid
sections The street comm ssioners OF such city
ilage OF the tliser oi nCli iowa, af err the orde'
Icy g out sueh street or highway has been filed ~
the ,erk sal city, village town. sa!i forthwith
open the street highway mentiuned and described
said order vi4ed such ussociaiions shall have pa
damn !. AWARDED und- rtls act.
Sec'i0 10 II tie party through whose land the said
STR IL Igl MUM q
SUI ey Trustees OF such village or the supervisors n
sucl OWN, shall be dssat SIZED with the damages
awsfJe un'i' This act her of them NAV appeal
tin rcuit court Of the county in which such street oi
highway is situated, by making out notice OF apIEa
and ond TO the opposite farty, with ut least tw'
Fich na be incurred in ease OF their eng unsuceSs
ii O, such appe J. and fling both such notice aud
payiag to him dollars for his fees in making hs
rtur of all the proceed ks therein TO the clerk of t
CT cult court OF that county, crowded the pen ercy 81
appeal shall no impair the ri hit OF the public L.
use and occupy such highway street for The pur
poses OF travel but the pubic right TO uSe and occupy
the for such purposes shall exist TO the same
tent though such appeal had not been taken until
sectioI IL The clerk of such city, village or town
.thin ten days after the notice OF appeal and bond
been filed in his Office and the sum OF two dollars
has been paid him as mentioned in this act shall
all papers pertaining 10 said appeal to the
pa ers being filed in the office of the clerk of the cir
cuff court the appeal shall be considered an action
pending in court subject to change of the place OF
If Al appeal to supreme court other actions
d shall be entered by the clerk upon The records OF
tho court by setting down the owner owners OF the
land FOR which such award made and who par
ties to the appeal plaintiff and the city town VII
ui So trial by jury waived by both parties and
costs ha he allowed TO the successful party on such
amount verdict If in favor of the defendant
Quoted therefrom, and Judgment shall be rendered
Section T. This act shall take effect and be in force
from and after its passage and publication.
Approved March Is, 1851