The Superior times. [volume] (Superior, Wis.) 1870-1912, 1893-05-20

and hear the allegations Of the parties and shall
appraIse. ascertain and determine the value of
each such tract or parcel of land proposed to be
taken. with the improvements thereon. AMI of
each separate interest therein. and the damag
sustained by the owner by reason of the taking
thereof, and Xix the amount of COMPENSATION to
be made to each Of such owners therefor and
IN HAlhE the amount or sucn cOmp1nsl-
ton said commissioners shall not make
any allowance or deduction from the value Of
the real estate taken on account of any real or
supposed benefit which the parties in itIJereSt
may derive from the construction. maintenance
or Ou-rarion of such canals drains or !tchf.S for
winch SAID real estate may br taken major
ny OF the commissioners, all b-1L- present, shall
BE- competent 10 determine all matters before
them. The commissioners shall, within twenty
Jay after last viewing any OF the lands SO taken.
make ana file IN the office of The county nudge Of
sucn county. a report or their proceedings con
corning sucu lands. making separate reports in
relation TO the lands of each distinct owne-. set
ting TORN the award made for each tract or par
c"I thereof or separate estate therein to the owner
or oWn-Ts thereof The commissioners shall be
th-l-led 70 such compensation as tn county Judge
may direct. which shall be paid by the petitioner.
section >. " thin thirty days after the fling
o. the report OF the commissioners IN the oflce
q Such county judge. any party Interested may
appeal from that part there OF In which he has an
interest To the circuit court of the county hv
filing III the Office Of said county Judge a written
notice OF appeal. Upon receiving such notice
the county Judge shall certify all of the records
and papers N such proceedings TO the circuit
court tr appear NhalI Oe considered an acton
pending Ia SuCu circuit court subject to a change
Of the place of trial, and to appeal TO the SUI
preme court. as in other actions and shall be
entered by he clerk upon the records of the
court. 10y setting down the owner or owners Of
the land Tor which such award was made. and
who are parties To the appeal plaintiffs AMI
the p,lti,ElGg corporation as defendant; such
appeal shall he tried by jury, unless 4 trial by
Jury Is waived by both parties. Costs shall be
allowed TO the successful party such appeal,
and, Il IN favor of thu paiuutf. be added the
amount OF the verdict: II IN favor Of the defend
ant. be deducted therefrUm. and Judgment shall
W. rht. rirrilr f
the parties Upon the trial Of said appeal the
same proceedings and rules of practice shall
apply that apply to other actions and trial by
jury.
Section 6. The report of the commissioners
shall be reported by the county Judge i'll the judg
ment book OF the county court. and at any time
after the making of such award the petitioning
corporation may pay to the owners of the lands
So taken or 70 the SAID county judge Tor the use
OF such OW nerS the amounts awarded by the com
mlSalonrrs, ana thereupon may enter upon, take
and use the lands for the purpose for which they
We're condemned, ana may move sad county
judge upon twenty -FOUR hours hotice, that a
WIFI of assistance may be issued 10 put such cor
puratiOD into the possession OF the same and
sad county Judge shall. upon the corporation
giving security in such additional amount as he
shall require to pay any Judgment that shall
be recovered against II on appeal award such
writ. II such corporation be III possession or be
put IN possession of such land pending an appeal,
the owners parties entitled thereto shall be
titled TO receive the money paid into court on ac-
count 81 the award appealed from without preJu-
dice 10 the appeal taken: but II the corporation
shall have appealed such moneys shall not
withdrawn upon filing bond in such sum and
with such SurctIeS as shall be approved by the
county judge, to repay the amount by
which such award shall Ue abated on
such appeal with costs If such corpor-
alton shall omit, for the space Of sixty
days, to pay the amount So awarded into court,
or To pay into court the amount Of any final
Judgment. which shall be rendered upon any APP
peal from ssuch award, the party Interested IN
such award or Judgment may have execution
upon sad Judgment without motion, OF for the
.frFfft
IGcL 81 Tue TO- or luclInibrance upon any paIceL
Of the premises Shall besuggested ia said petition,
or II any party to sand proceeding. or any person
not party. snail petition the sad court setting
up clam adv erSe to the title set out SAID pc
utIon, 10 said premises, and to the money or any
part OF 1t 10 be paid as compensation for the
property 50 taken, the court shall hear and de
termlne the rights OF the parties TO said money.
and, tor that purpose may order reference or
an issue 10 be tried 10y a jury Either party may
except to the decisions OF the circuit court and
al peal To the supreme court, III like manner as
in other actions. Either court may award costs to
the prevailing party. and render Judgment there
for against the other party.
Section :. When no appeal shall be taken from
any award, within the time provided by law. and
the corporation shall have paid the amount
thereof 1870 court, or hI.. receipt therefor duly
signed by the owner and acknowledged before
an officer authorized to take the acknowledgment
of deeds, IN the office Of the county judge, or
when. after the determination of such appeal
the pettlJnuE corporation shall have paid INTO
court the amount OF Judgment rendered thereon.
or filed receipt therefor aforesaid. the county
Judge shall make a minute of such pay Ineut, or
of the filing of such receipt At the foot OF the re
cord Of the report Of such commissioners. there
upon the exclusive use of such premises, and
every part and parcel thereof, Sha. vest in such
corporation its Successors and ASST nS. long
used Tor SAID purposes, without any Olher or fur
Their act deed or conveyance; ana said record, or
the certified copy there i. shall be prima facie
evidence of such title III all courts and places.
Section ;. The county court shall have power
Ct any time before the appeal IS taken, and the
circuit court shan have power after the appeal
is taken to amend any defect o. informally IN
any OF the special proceedings authorized ~ this
chapter rs may be necessary to cause new parties
to be added and to direct such other notices to be
given to any party IN interest as It deems proper
and also to aPpoin. other commissioners II place
of any who shall die or refuse or neglect to serve
or be- incapable Of serving
Section 9. For the purpose Of carrying cut the
powers conferred by this act. every county judge
and county court IN this state IS hereby vested
with full and complete jurisdiction.
Section 10. This act snail take effect and be in
force from and after It's passage and publication.
Approved April L. 1893.