son or persons to cast the number of votes to which said 'village may be entitled at any election of directors, and to represent said village in any meeting of stockholders of said railroad company. SEC. 8. This act shall take effect and be in force from and after its passage. Approved February 23, 1857. Commission'rs stato road. Chapter 49. An Act to authorize the laying out and establishing a state road from The people of the State of Wisconsin, represented in SECTION 1. That Thomas H. McDill and John L. to lay out a Spurr, of the county of Portage, and Nelson Holt, of the county of Waupaca, be and they are hereby appointed commissioners, and authorized to lay out and establish a state road from the village of Plover, in the county of Portage, to the village of Waupaca, in the county of Waupaca, on such route as said commissioners shall determine, via Spurr's Mills, on the Waupaca river. Quorum. Compensation. SEC. 2. A majority of said commissioners shall constitute a quorum to do business, and in laying out and establishing such road they shall proceed in the manner now provided by law. SEC. 3. The said commissioners shall be entitled to a reasonable compensation for their services in laying out and establishing said road, to be paid by said counties of Portage and Waupaca, in proportion to the length of road in each county. SEC. 4. This act shall take effect and be in force from and after its passage. Approved February 23, 1857. Chapter 50. An Act to confer upon the board of supervisors of the town of Shulls- The people of the State of Wisconsin, represented in SECTION 1. The board of supervisors of the town of To lay out a Shullsburg, in La Fayette county, are hereby author- cross road and ized, empowered, and permitted to lay out cross roads fix the width of in their said town, leading from one main traveled road same. to another, of such width as said supervisors may deem expedient. SEC. 2. This act shall take effect and be in force from and after its passage. Approved February 23, 1857. Chapter 51. An Act to amend chapter 78 of the private laws of 1853, entitled "An The people of the State of Wisconsin, represented in charter. SECTION 1. Section four of said chapter seventy-eight Amendment/ is amended by striking out all after the word "election," to section 4 of in the twenty-fourth line, and inserting the following: "The board of directors, may at any time increase the number of directors; Provided, The number shall not be less than five nor more than fifteen." SEC. 2. Section twelve of said chapter seventy-eight Amendment is amended by striking out all after the word "and," in to section 12 of the fifth line, and inserting the following: "The said charter, providing for setcompany may, after the route of the said railroad shall tlement with be located and determined, offer by its agents to pay to own'rs for land the owner or owners of any such lands which by the provisions of this act the said company are authorized to enter upon, take, possess, occupy or use, or to any taken by com pany. ward. person claiming any interest in such land, and if any such owner or person claiming interest in such lands shall be a minor, non compos mentis, or insane or married woman, or under any legal disability, then to the guardian of such minor, non compos mentis, or insane person, or husband of such married woman, such sum for said lands as the company or its agent shall consider to be the full value of the same, and if such owner or claimant, guardian, or husband shall not accept of said offer, or if for any reason the said company shall fail to agree with the owner or person claiming any interest in such land, then and in all such cases in which the said company shall enter upon, possess, occupy, or use any lands as aforesaid, for any of the purposes aforesaid, the value of said land shall be ascertained and determined as follows, to wit: The said company may apply to the When compasupreme court of the State, in term time, or to any ny and owner cannot agree, judge thereof in vacation, for the appointment of three commissioners commissioners, to make an appraisal and award of the to be appoint-value of each of the several pieces or parcels of land so ed to make appraisal and a- entered upon or taken as aforesaid for any of the purposes aforesaid, in reference to the value of which the said company shall have failed to agree with the owner or person claiming any interest in the same as aforesaid. The said company shall give notice of their application for the appointment of such commissioners, by publishing the same at least ten days before the time for hearing such application, in a newspaper published in the city of Watertown and Madison, and upon proof of the publication of the same, the court or judge to whom the application shall be made, shall appoint three commissioners, who shall proceed to examine the premises, having first given such notice as they may deem reasonable to such owner, guardian or husband, and at least five days personal notice to such owner, if resident in the county, and when it shall appear to said company or its officers that the title of any such land is When several in dispute, or that several parties claim interest therein, parties claim title to land. by tax sales, tax titles, incumbrances, liens, or equitable claims, the said commissioners shall, upon request of said company or its officers, give such 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, 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 make an appraisement and award of the value of the land so en- Award. tered upon, taken, possessed, occupied or used by said company for any of the purposes aforesaid, at the time when the same was so entered upon and taken, whether such time was before or subsequent to the passage of this act, 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 such lands 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 favor of whom any award shall be made for such value as aforesaid, unless such award shall have been previously paid, shall enter up judgment in conformity Judgment. with such award; and in case either of the said commissioners shall die, resign, or decline to act, the said supreme court or judge shall appoint another commissioner in his stead, and the said company, or any party so receiving notice from the said commissioners 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 for the county in which Appeal. such lands shall lie, by filing with the clerk of said court a written notice of such appeal, and upon receiv ing such notice the said clerk shall enter the appeal as a case upon the docket of said court, setting down the owner or owners and person or persons claiming any interest in said land, embracing all persons so having received such notice from the said commissioners, as plaintiffs, and the said company as defendants, and the said court shall proceed to hear and determine such case in the same manner that other cases shall be heard and determined in said court, and all issues of fact arising therein shall be tried by a jury, unless a jury be expressly waived by both parties, but 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 in the State, no such notice need be given, but 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 said case the jury, or if a jury be waived, the court shall assess the value of the land so entered upon, taken, possessed, occupied and used by said company, at the time when the same was so entered upon and taken, whether such time was before or after the passage of this act; and after such assessment Judgment on the court shall proceed to render judgment against said appeal. company for the amount of such assessment, in favor of the plaintiff or plaintiffs in such case, and if the amount so assessed in favor of said plaintiff or plaintiffs shall exceed the amount awarded by said commissioners, (with interest at the rate of twelve per centum per annum from the time of such award to the time of such assessment by the jury or court,) then judgment shall be rendered against said company for costs, and when the appeal shall be taken by the claimant, if it shall not exceed said 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 Change of ven- shall be entitled to a change of venue for the trial of the said cause, on affidavit filed, stating the belief of the affiant 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 in any such case may be reviewed on writ of error as other cases at law. Whenever the commissioners Final judgshall make an award as aforesaid, and no appeal shall be taken from the same, and whenever, in case of an 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 such award or judgment; and in any case in which 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 judgment, 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, where there is no appeal, with the clerk ue. ment, |