was als. the notice may be by publication in a newspaper, for such length of time as the commissioners, shall deem reasonable), and after making such examination, the said commissioners, or a majority of them, shall, in Shall make sepeach case, separately, make an appraisal and award of arate appraisthe value of the land so entered upon, taken, possessed, occupied, or used by said company for any of the purposes aforesaid, at the time when the same so entered upon and taken, and shall deliver one copy of their award, in each case, to the said company, and shall file another in the office of the clerk of the circuit court of the county in which said land shall lie, with the costs of the award taxed upon each of said copies; and if neither party shall appeal from said award in the manner hereinafter provided, the said circuit court, on motion of the party in whose favor any award shall be made for such value as aforesaid, unless such award shall have previously been paid, shall enter up judgment in conformity with such award; and in case either of said commissioners shall die, resign, or decline to act, the said circuit court or judge shall appoint another commissioner in his stead. The said company, or any party receiving notice from the said commis- A sioners as aforesaid, may, within thirty days after such award shall have been filed with the clerk as aforesaid, appeal from the same to the circuit court of the county in which such award shall be filed, by filing with the clerk of said court a written notice of such appeal. Upon receiving such notice, the said clerk shall enter the appeal as a case upon the docket of the court, set appeal ting down the owner or owners and person or persons claiming any interest in said land, embracing all persons so having received such notice from said commissioners as plaintiffs, and the said company as defendant; and the said court shall proceed to hear and determine such case in the same manner that other cases are heard and determined in such court, and all issues of fact arising therein shall be tried by a jury, unless a jury be expressly waived by both parties. The appellant shall not be entitled to have the case tried at any Notice of trial. term of said court, unless he shall have given notice to the appellee or his attorneys at least ten days before the first day of the term, that he will demand a trial at such term, but in case the appellee has no known resi76 P. & L LAWS Appeal from Who parties to Change of venue. dence, in this state, or attorney of record residing therein, no such notice need be given. In all cases the ap pellee may waive such notice in which case the same rule for trial shall be applicable to it as to other cases in said court. After the hearing of such case the jury, or if a jury be waived, the court shall assess the value of the lands so entered upon, taken, possessed, occupied and used by said company at the time when the same was entered upon and taken, and after such assessment the court shall proceed to enter judgment against said company for the amount of said assessment in favor of the plaintiff or plaintiffs in such case. If the amount so assessed in favor of the said plaintiff or plaintiffs shall exceed the amount awarded by said commissioners, then judgment shall be rendered against said company for costs, and if it shall not exceed such amount, and interest as aforesaid, then judgment shall be rendered in favor of said company for costs, and against the said plaintiff or plaintiffs, and execution may issue accordingly. Either party shall be entitled to a change of venue for the trial of such cause, on affidavit filed, stating the belief of the person making the affidavit that a fair trial cannot otherwise be had. The change of venue shall be to the nearest county where a fair trial can be had. The judgment of the circuit court may be reviewed on appeal or writ of error, as other cases at law. Whenever the commissioners shall make an award as aforesaid, and no appeal shall be taken from the same, or whenever in case of appeal, a final judgment shall be rendered, it shall be the duty of the company, and not before, to pay to the judgment to be party entitled to the same, the amount of said award or judgment, and in any case where there shall be any lien, incumbrance, tax sale, tax title, or equitable claim to or upon the land, or any part thereof, which is the subject matter of such award or judgment, or when more than one person shall be entitled to or shall set up any claim to the amount of such award or judg ment, or any part of it, or when the person entitled to receive the same shall not have any known residence within the state, the said company may deposit the amount of such award, when there is no appeal, with the clerk of the court with whom the award in the case shall have been filed; and in case of an appeal and judgment thereon, the company may deposit the amount May appeal from judgment. When and how paid. of such judgment with the clerk of the circuit court in which such judgment shall have been rendered; and the money so deposited, in either case, shall be paid over by order of the circuit court to the person or persons who shall be adjudged to be entitled to receive the same. vest in com Whenever the amount of such award or When judgm't judgment shall have been paid, tendered or deposited paid, title to as aforesaid, an absolute estate in fee simple in such pany. lands shall be and become vested in said company, and all persons so receiving notice from the said commissioners, and all persons claiming under them, shall be forever concluded from questioning such title so acquired by the said company. Said company shall have full power and authority after entering upon and taking away any such lands to have, hold, possess, occupy, use and enjoy the same for any of the lawful purposes of the said company, from the time of such entry and taking until the proceedings provided for by this act shall have been finally determined, and until said company shall have refused after demand made, to pay the value of the land so ascertained as aforesaid; and the said company shall not during such time nor until such refusal, be disturbed in such possession or occupancy, use or enjoyment, by any proceedings either in law or equity. railroad along SECTION 12. The said company shall have the May construct right, authority and power, and it is hereby authorized or across highand empowered to construct its said railroad along and ways, etc. upon, across, under or over any public or private highway, road, street, plankroad or railroad if the same shall be necessary, but the said company shall put said highway, road, street, plankroad or railroad in such condition and state of repair as not to impair or interfere with its free and proper use, and also to erect and maintain all necessary bridges for the use of their railroad over any stream of water or water course, at such points of crossing the same as said road may be located, with all necessary abutments, piers, arches and foundations. SECTION 13. If any person shall wilfully or know- Penalty for iningly injure or destroy any part or portion of the rail- Jury to road. road so to be constructed, or any works, buildings or machinery attached to or in use upon the same, belonging to said company, or shall wilfully and maliciously place any obstruction or thing upon the track of said to indictment. railroad, such person or persons so offending shall each of them, for every such offense, forfeit and pay to said company, three times the amount of damages caused by such offense, which may be recovered in the name of said company in any court having competent jurisShall be subject diction. Such person or persons shall also be subject to indictment, and on conviction of any such offense, shall be punished by fine and imprisonment in the state prison, or either, at the discretion of the court; and in case any accident shall occur in consequence of any such obstruction, or damages to said road or machinery, whereby the death of any person shall be caused, the person so offending shall on conviction, be adjudged guilty of murder in the first degree and punished accordingly, in such manner as shall be prescribed by law for the punishment of murder in the first degree. Public act. SECTION 14. It is hereby declared that in the judg ment of the legislature the objects of this corporation cannot be obtained by or under general laws. SECTION 15. This act is hereby declared to be a public act, and its provisions shall be liberally and favorably construed in all courts of this state; and copies of the same printed by authority of the legislature, shall be received as evidence thereof in all cases. SECTION 16. This act shall take effect and be in force from and after its passage. Approved March 6, 1868. Corporators. CHAPTER 468. [Published April 4, 1868 ] AN ACT to incorporate the Milwaukee savings bank of Milwaukee. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. That George Burnham, Alexander Mitchell, John L. Burnham, Charles H. Larkin, Andrew Mitchell, John Merrill, Clark Shepardson, Henry T. Hillman, Charles T. Stamm and their associates and successors are hereby created and declared to be a the city of Milwaukee, state of Wisconsin, and by that SECTION 2. The capital stock shall be fifty thou- Capital stock. sand dollars, and may be increased by said corporation to any sum not exceeding five hundred thousand dollars, by a vote of the stockholders owning two-thirds. of its capital stock, and shall be divided into shares of one hundred dollars each. scription. SECTION 3. The corporators, or a majority of them, May open shall open books for the subscription of stock in the books of subcity of Milwaukee within one year from the passage of this act, and shall keep them open until the said sum of fifty thousand dollars shall have been subscribed, but until the first election of directors shall have been held, it shall not be lawful for any one person to subscribe for or hold more than twenty-five shares of the stock of the corporation hereby created. Each subscriber shall pay at the time of subscribing twenty per cent. of the sum subscribed, and the remainder when called for by the corporation. SECTION 4. When the sum of fifty thousand dollars Election of is subscribed the corporation shall notify the stockhold- directors. ers through one or more of the daily papers of the city of Milwaukee, and appoint a time and place to meet for the election of directors. At this meeting the stockholders shall elect thirteen directors who shall hold their office until the annual election hereinafter provided for, and until their successors are elected. No person shall be a diretcor unless he is a bona fide stockholder. SECTION 5. No subscriber to the stock of this cor- who may vote. poration shall have a right to vote at the first election. of directors unless he shall have paid in twenty per cent. of the stock subscribed by him; nor shall any subscriber or stockholders at any time have the right to vote at any election, held by virtue of this act, who shall be in default to the corporation for any payments either on stock or otherwise. Each share shall be entitled to one vote in person or proxy. SECTION 6. The directors shall, as soon as practica- officers of the ble after their election, meet and organize by electing board. |