Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1882-03-30
with the clerk, and it NAV purchase o.

with the clerk, and it may purchase or
take by donation such grounds as shall
be needed, by agreement with the own
ners, and take from them convevances
thereof to the city for such use in fee,
if suitable agreement can be made
with such owners, but otherwise it shall
by resolution declare its purpose to take
the same, and therein describe by metes
and bounds the location of the proposed
improvement, and the land proposed to
be taken therefor, defining separately
each parcel and the amount thereof
owned by each distinct owner, mention
ing the names of the owners or occu-
pants so far as known, and therein fix q
day, hour and place when and where it
will apply to the county Judge, or to a
justice of the peace residing in said city,
for jury to condemn and appraise the
same.
Section 40. Itshall thereupon cause
TO be mand by the clerk a notice of the
adoption of such resolution embracing a
copy thereof, and notifying all parties
interested that the common council will,
at the time and place named apply to
the judge or justice named for the APP
pointment of a jury to condemn and APP
praise such lands. A copy of such no.
tice shall be served one week before the
time fixed therein for such application
| by the mashal or any constable, or the
| sheriff of the county. on the owner of
each such parcel of land to be taken. if
known and resident within the county,
such service to be made in the manner
prescribed for serving a summons in an
action in the circuit court, and the re-
turn of the officer shall be conclusive
evidence of the facts therein stated. Ii
the notice cannot be so given as 10 all
the parcels, then the same shall also be
published once in each week, for three
successive weeks, in n newspaper pub
lished in said city, and the affidavit OF
the printer or foreman of such news
paper shall be conclusive evidence OF
such publication. If any person SC
served with notice be minor or of I'M
sound mind, the judge or justice before
proceeding shall, on the day fixed for
hearing such application, appoint for
him guardian for the purpose of such
proceeding, who shall give security to
the satisfaction of the magistrate, and
act for such ward.
Section Al. AT the time and place
fixed for such hearing, the application,
accompanied by copy of such resolu
ton and such survey, and by proof OF
the service of the notice, as provided in
the preceding section, shall be filed
with the judge or justice, who shall
thereupon make a list of twenty-foul
competent jurors, not interested; but nc
person shall be disqualified by reason o.
residence in the city. Such judge OIL
justice shall hear and decide any chal.
lenges for cause or favor, made to any
one, and if sustained, shall replace hi,
name with an unobjectionable Juror,
until the list shall be perfected. There
upon, under the direction of such mag
istrate, each party, the common coun
Gil or its representatives on the one side
and the owners of the lands or their
agents present, or If none be present
or they disagree, or refuse to act, dis
Interested person appointed by the
Judge or justice on the other, shall chal
lenge six names, one at a time alter
nately, the common council or its rep
resentative beginning. To the twelve
jurors remaining, such judge or justice
shall issue a precept, requiring them a.
an hour, on day named, not more
than ten nor less than three DAYS there
after, to appear before him to be sworr
to serve as jury to view lands and APP
praise damages, and at the same tim,
shall publicly adjourn the proceeding
to the time and place so named; sucl
precept shall be served by the marsha
or any constable or the sheriff at leas
one day before such appointed time, BY
reading the same to each such Juror, O
by leaving a copy thereof at his usua
place of abode, in the presence of /:
member of his family
Section AZ. The jurors summoned
shall appear at the time and plac,
named; and if any be excused by tn
judge or justice, or fail to attend, h
shall direct other disinterested persons
to be forthwith summoned in their stead
until twelve be obtained, The magis
! trate shall than administer to them al
oath that they will well and truly in
quire into and determine the necessit,
for taking the lands mentioned in tn
resolution, and if found necessary, III
, damages occasioned thereby, and faith
, fully discharged their duties as juror
accOruluS 10 law.
t Section A. Under the direction o
such magistrate the jury shall view th
7 lands to be taken, and shall there ST
: before him to hear such competent evi
dence as shall be produced by an,
party; and for such purpose such mag
! istrate shall possess the same powers a
: a court in session, with jury, and !
there be necessity may adjourn the sit
ting from day to day. The jury shall
render a separate, unanimous verdict
in writing, signed by them, in which
, shall find whether it be necessary I
{ take such lands, or any part thereof
for such purpose. describing such as
finds necessary to be taken; and if an
be found necessary to be taken, then
verdict or appraisement of damages
specifying therein the damages of eac
owner, and separately the value of tn
land taken from each, and the damag
, otherwise sustained by each by reasol
, of the taking thereof; in estimating
!, which they shall deduct therefrom an
special benefit, if any, to be enjoyed b
, each from such Improvements; and
majority of such jury may render sucl
verdict or appraisement of damages
! and shall sign the same. Any technica
: error in such verdict may be immedi
ately corrected, with the assent of tn,
jury, and it shall be thereupon dis
, charged, and its verdict filed with tn
! magistrate. In case the jury shall fai
to find a verdict, another jury shall b
selected, summoned and sworn, an,
shall proceed in the same manner.
Section A. Within ten days afte
such verdict, any land owner who's
! land has been found necessary to b
taken, may appeal from the award c
damages to him in such verdict to tn
circuit court, and the city may likewis
! appeal from the award of damages t
any owner, by filing with such magis
trate or county judge, a notice of ap
! peal specifying whether the sppea
. is from the whole award to him 0
d part and if a part, what part thereof
= am ,Iere with an undertaking wit
. two sufficient sureties to be approve
: by the magistrate or county judge, t
: pay all costs that may be awarde
against such appellant on the appeal
and paying the magistrate for his retur
thereof together with one dollar 70
; state tax. Amy party not so appealin
shall be forever concluded by such vel
5 dict or appraisement. Upon an apes
: being taken, the magistrate or count
D Judge shall transmit to the clerk of tn
(, circuit court within ten days the motto
/, of appeal and undertaking, and theret
C annexed a copy of all papers and Pre-
ceedings before him, with his certificat
e i.l Il. ii. E