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commissioners.

sand dollars, as shall be sufficient to build the said railroad from Calamine to Platteville, and to increase the said amount of the capital stock of said corporation, in like manner from time to time, as in their opinion shall be necessary and proper to erect, build and construct, lease or purchase any of the extensions or connections of said railroad, provided for in the several acts amendatory hereof, and said capital stock shall be

divided into shares of one hundred dollars each. Substituted. SECTION 2. Section 14 of the said act to incorpo.

rate the "Platteville and Calamine railroad company, is hereby repealed, and the following is substituted therefor, and declared to be section 14 of said "act to incorporate the Platteville and Calamine railroad company," approved March 15th, 1861, that is to say: Whenever the line of said railroad shall be located and its route determined, the said company shall apply by attorney to the circuit court of any county in this state,

through or into which it passes, or to the judge thereAppointment of

of in vacation, for the appointment of three commissioners to make an appraisal and award of the value of any and all lands which are the private property of any person on the line of said railroad, and which the said company shall have entered upon, taken, possessed, occupied or used, or which it may thereafter enter upon, take, possess, occupy or use for any of the purposes for which by this act the said company is authorized to enter upon, take, possess, occupy or use lands. The said company shall give notice of its intention to apply for the appointment of such commissioners, by publishing the same at least ten days before the time for hearing such application, in at least one newspaper published in the county in which such lands shall lie; and upon an affidavit of the publication of such notice, the court or judge to whom the application shall be made, shall appoint three disinterested persons, not stockholders in said company, commissioners, who shall have cognizance of all cases arising under this section or the section for which this is substituted, arising on

the line or route of said railroad, and they shall proExamination of ceed to examine the premises in each case separately, premises.

having first given such notice as they may deem reasonable, and at least five days' personal notice to such owner, if resident in the county; and whenever it shall appear to said company or its officers, that the

title to such land is in dispute, or that several parties claim interests therein by tax sales, tax titles, incum. brances, liens, or equitable claims, the said commissioners shall, upon request of said company or its officers, give notice to all persons claiming any interest in such land, whether as owners, incumbrancers or otherwise, and when the person to be notified has no known residence in this state within the knowledge of such commissioners, 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 Award of dameach case separately make an appraisal and award in ages. writing under oath, of the value of the lands or premises so taken, possessed, occupied, entered upon or used by said company for the purposes aforesaid, and the damage or injury which the owner or owners of each parcel thereof shall have sustained or may sustain by reason of the taking and using thereof over and above the benefits and advantages which the said owner or owners thereof shall derive from the construction of said railroad, and shall deliver one copy of their award in each case to the said company, and shall file another Copies of award copy thereof in the office of the clerk of the circuit and filed. court of the county in which said lands shall lie, with the costs of the award taxed upon each of said copies; and if peither party shall appeal from said award in Appeal. 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 court or judge shall appoint another commissioner in bis stead. The said company or any party receiving notice from the said commissioners as aforesaid, may, within thirty days after such award sball bave been filed with the clerk of said circuit court as aforesaid, appeal from the said award to the circuit court of the county in which the same shall be filed, by filing with the clerk of such 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, setting down the owner or owners, and person or persons claiming any interest in such

Value of laud assessed.

lands, embracing all persons so having received such notice from said 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 deter

mined in such court; and all issues of fact arising Tried by jury. 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 term of said court, unless he shall have given notice to the appellee or his attorney, 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 residence in this state, or attorney of record residing therein, no such notice need be given. In all cases the appellee 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 in case 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 render judgment against such 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 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 aforesaid, then judgment shall be rendered in favor of said company for costs, and against

the said plaintiff or plaintiffs, and execution may issue Change of ven. accordingly. Either party shall be entitled to a change

of venue for the trial ot such cause on affidavit filed, taken.

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 Judgment may be rcviewed. 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 party entitled to the same the amount of said award or judgment; and

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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 per-
son shall be entitled to, or shall set up any claim to
the amount of such award or judgment, or any part of
it, or when the person entitled to receive the same shall
not have any known residence within this state, the
said company may deposit the amount of such award, May deposit
when there is no appeal, with the clerk of the court amount of
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 of such judg-
ment 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 or-
der of the circuit court to the person or persons who
shall be adjudged to be entitled to receive the same.
Whenever the amount of such award or judgment Whem awardia
shall bave been paid, tendered or deposited, as afore- title to vest in
said, an absolute estate in fee simple in such lands shall company.
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 con-
cluded from questioning such title so acquired by the
said company. Said company shall have full power
and authority, after entering upon and taking away
such lands, to bave, hold, possess, occupy, use and en-
joy 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 sball
have refused after demand made to pay the value of
the lands so ascertained as aforesaid; and the said com-
pany 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.

SECTION 3. This act shall take effect and be in force
from and after its passage.

Approved February 28, 1868.

CHAPTER 129.

[Published April 3, 1868.

AN ACT legalizing the award of damages and assessment of bene.

fits under the charter of the city of Fond du Lac, and the several acts amendatory thereof, in improving and straightening the east branch of Fond du Lac river, within the limits of the city of Fond du Lac and to aid in the collection thereof.

The people of the state of Wisconsin, represented in sen.

ate and assembly, do enact as follows:

Awards legalized.

SECTION 1. Any and all awards of damages and assessment of benefits made by any commissioners appointed under the charter of the city of Fond du Lac and the several amendinents thereof, in the improving and straightening of the east branch of the Fond du Lac river, are each and every of them legalized and declared vailid and binding and of full force and effect, both upon the said city and upon every person and corporation affected thereby, notwithstanding any omission, defect or irregularity in any of the proceed. ings in making such improvement and straightening said east branch of the Fond du Lac river within the corporate limits of the said city, or in making such award or assessment or the levying of any tax based thereon : provided, the person or corporations who shall seek to avoid the same by reason of any defect, omis. sion or irregularity, shall have had notice of the pro. ceedings, and neglected after such notice, to appeal therefrom in the manner provided by the charter of

said city and the acts amendatory thereof. Taxes legalized SECTION 2. No tax or assessment levied or made

upon any property in said city shall be invalidated or in any wise affected by any omission, irregularity or defect legalized by the first section of this act, and whenever such tax or assessment or the legality of any tax certificate, or deed founded thereon shall be questioned in any suit or proceeding in any of the courts of this state, by or on behalf of any person or corporation, it shall be a sufficient answer thereto to show and give in evidence that the persons or corporations so seeking to impeach the validity of such tax, assessment, tax certificate or deed, had notice of the proceeding in

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