given.

tion to be paid therefor, or when, by reason of the legal incapacity, or absence of any such owner or owners, no such agreement, or purchase can be made, then, and in that case, it shall be lawful for any judge of the supreme or circuit courts of this state, on application of the said company, either in term time or vacation, and at the cost of the said company, to appoint three disinterested freeholders of this state, who shall not be of kin to the owner or owners, or any way interested in said company, whose duty and charge it shall be to view and examine the lands so taken with the buildings and improvements, if any, thereon, and to estimate the value of the land so taken or required by said company, and all damages which the owner or owners thereof shall sustain, or may have sus tained, by reason of the taking of the same for the construction and use of said road; or the works appertaining thereto, taking into consideration the advantages as well as the disadvantages of the same by means of the construction and operation of said road to the said owner or owners. And it shall be the duty of the said comNotice to be pany to give three week's notice of their application to the judges of the supreme court, or circuit court, for the appointment of the said commissioners, to be published for three successive weeks in a newspaper published in the county in which said lands may be, and the affidavit of the publisher or printer shall be legal evidence of such publication; and the freeholders so appointed, before entering upon the discharge of such duties, shall take an oath before some justice of the peace or other person competent to administer oaths, faithfully and according to the best of their abilities, to examine the land so taken or required by said company, and impartially to estimate and appraise the value of the same, and the damage or injury which the owner or owners thereof shall have sustained or may sustain by reason of the taking and using thereof by the said company over and above the benefits and advantages which said owner or owners shall derive from the construction of such railroad. Whereupon, such commissioners shall proceed to examine the premises and estimate the value of such land, and the amount of dam ages, if any, over and above the benefits and advantages which may accrue to such owner or owners as aforesaid, and shall make a report in writing of such valuation un der their hands and seals, to the circuit court of the county where the land lies, and shall return the same within twenty days after their appointment to the clerk of the

circuit court of the county in which the land lies;
and it shall be the duty of the said clerk to file the
same, and in case no appeal shall be made within
thirty days after the filing of the said reports as here-
inafter provided, then the said clerk shall record the same
at the expense of the said company, and judgment of the
said court shall be entered thereon, either in term time
or vacation, on motion of either party: Provided, that Proviso.
either party may appeal to the circuit court of the county
in which said land shall lie, within thirty days after said
report shall have been filed in the clerk's office of said
court, and such appeal shall be tried in the same manner
as other issues are tried in said court, and the jury
empanneled to try the same, shall find the value of the
land so taken or required by said company, and the da-
mage which the owner or owners thereof shall have sus-
tained or may sustain by the taking of the same, over and
above the benefits which will accrue to such owner or
owners from the construction of such railroad, and the
judgment of the court shall be entered accordingly.
Such appeal shall be taken by giving notice thereof to
the clerk of the said court in writing, and thereup-
on the clerks shall enter the same upon the docket of said
court, setting down the said railroad company as plaintiff,
and the said claimant or claimants as defendants: Pro-
vided, also, that it shall not be lawful for the said commis-
sioners or the said court to proceed in the assessment of
damages or in the valuation of any lands or materials as
aforesaid, in the absence of the owner or owners thereof,
his, her, or their agents or attorneys, unless it shall be shown
to them by competent testimony that the said owner or
owners are absent from the state of Wisconsin, or that the
said owner or owners have had at least five days notice, in
writing, of the time and place at which such assessment
or valuation was to be made; and if the said owner or
owners shall be minors, or non compos mentis, or absent
from the State, the service of the notice may be made on
the guardian, trustee, or agent, if there be any, or in such
manner as the court or judge appointing said commission-
ers shall direct: Provided, also, that upon the making Proviso.
and filing of any report as aforesaid and the payment or
legal tender of the amount of any valuation or appraisal
specified therein to the owner or owners of any such lands,
his, her, or their legal representatives, or the payment of
the amount of such valuation or appraisal to the clerk of
the court to which any appeal under this act may have

Proviso.

been taken to abide the issue of such appeal, the said company, their agents or the contractor for making or repairing said railroad, may immediately take and use the same without awaiting the issue of any appeal brought thereon. Whenever any judgment shall have been entered, as hereinbefore provided for the value of any lands, or for any damages for the taking and using of the same, and the amount specified in such judgment shall have been paid or tendered to the owner or owners of such lands, his, her or their legal representatives, or the payment of the amount specified in such judgment or in such report of the commissioners to the clerk of the court to which any appeal under this act may have been taken, the said company shall be entitled to the easement of the same so long as it may be used as the track of said railroad; and if such valuation be not received when tendered, it may at any time thereafter be received or may be collected from said company, without interest, by action at law, at the cost and expense of the person or persons entitled to the same: Provided, such valuation shall not have been paid to the clerk of the court in which such appeal may have been taken: and, provided, that the costs of any proceedings and judgments specified in this act, shall be taxed by the court and paid by said company, except in cases where upon appeal the verdict of the jury shall be for the same or a less sum than that reported by the said commissioners. SEC. 2. This act shall be published to take effect, and take effect immediately.

Approved, January 31, 1854.

[Published Feb. 2, 1854.]

Chap. 18. An Act to extend the time for the collection of Taxes in the Town of Beloit, in the County of Rock.

The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

SECTION 1. The time for collecting taxes in the town of Beloit, in the county of Rock, is hereby extended to thirty days beyond the time now required by law. And the treasurer of said town shall have the same right to levy on property, and sell the same within said time so extended, as is now allowed.by law for such purposes.

SEC. 2. Nothing in the preceding section shall be construed to extend the time for paying over, to the county treasurer, the amount due from said town on state tax.

SEC. 3. This act shall take effect from and after its passage.

Approved, February 2, 1854.

An Act to change the time for holding the regular quarterly terms of the
County Court, in Grant County.

The people of the State of Wisconsin, represented in
Senate and Assembly, do enact as follows:

SECTION 1. The regular quarterly terms of the county court, in and for Grant county, shall hereafter be held on the first Monday in February, on the first Monday in May, on the first Monday in August, and on the fourth Monday in October, in each year.

SEC. 2. This act shall take effect from and after its pas

Chap. 19.

An Act to amend an act entitled an act to incorporate the Kenosha and Beloit Chap. 20.
Railroad Company.

The people of the State of Wisconsin, represented in
Senate and Assembly, do enact as follows:

be selected.

SECTION 1. That if the arbitrators selected by the parties Arbitrators to as provided in section twelve of said act, shall fail to agree upon the amount of compensation to be paid for the lands required for the use of said railroad company, the two arbitrators thus selected, shall select a third person to act in conjunction with them; and in case of their inability to agree upon such third person, the judge of the circuit or county court, of the county in which said lands shall lie, shall upon application of said company appoint such third person; and the award of the majority of the appraisers; in every case, shall be conclusive upon all the parties: subject, nevertheless, to the right of appeal as provided in said section.

SEC. 2. That the notice provided in said twelfth section, Notice to be served upon to be served by the said railroad company, upon the ownowners of ers or possessors of the legal or equitable title to lands lands. through which said road shall run, may be served by leaving a copy thereof at his or her usual place of abode, in presence of some one of the family of suitable and discretion; and in case he or she is a non-resident of the

age

1

Annual meet

ing.

Elect officers by ballot.

county, by leaving said notice with the occupant of the land through which said road may be surveyed; and if said land shall be owned by a non-resident and unoccupied, then by publishing said notice for three successive weeks in a newspaper published in the county where the land is situated. And in case said owner or owners shall be infants, or non compos mentis, and shall have no trustee or guardian, then such notice may be served in such manner as the judge of the circuit or county court of said county shall direct.

SEC. 3. The annual meeting of stockholders for the election of directors, shall be held upon thirty days' notice thereof being published in a newspaper, published in the county of Kenosha.

SEC. 4. At the time of the election of president by the board of directors, or at any other time, the said directors may by ballot elect one of their number as vice-president, who shall, in the absence of the president, perform all the duties of said president.

SEC. 5. This act shall take effect from and after its passage.

Approved, February 2, 1854.

Chap. 21. An Act to repeal a part of section 1, chapter 308, of the Session Laws of 1851.

The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

SECTION 1. That so much of an act entitled an act to vacate a part of the town plat of the village of Oshkosh, and to legalize a subsequent survey, approved March 15, 1851, as vacates Bond and Division streets, referred to in said act, is hereby repealed.

SEC. 2. This act shall take effect and be in force from and after its passage.

Approved, Fobruary 2, 1854.

Chap. 22. An Act to amend an act entitled an act to incorporate the Fort Winnebago,

Barraboo Valley, and Minnesota Railroad Company, approved March 13,

1851.

The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section two of the act to which this act is amendatory, is hereby so amended as that the capital